United States · Amendment · HAMDT

HAMDT 702 (101st)

An amendment in the nature of a substitute which would: 1. Change the definition of the provisions in the bill which allow certain discriminatory employment practices "required by business necessity". The substitute defines "business necessity" to include such practices as have "a manifest relationship to the employment in question or the legitimate employement goals (which) are significantly served by, even if they do not require, the challenged practice."; 2. Eliminates the provisions of the bill authorizing compensatory and punitive damages in cases of intentional discrimination, providing instead for "equitable relief" only in cases when compensatory back pay is not available; 3. Restricts the ability of non-parties to challenge a court ruling if parties had notice of the original proceeding; 4. Limits the statute of limitations provisions to apply only to seniority plans, rather than when discriminatory practices begin or are determined to have an adverse impact; 5. Limits the illegality of intentional discrimination to those which are a "major" contributing factors for employment.