Civil Rights and Women's Equity in Employment Act of 1991

Summary

Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on disparate impact. ( Wards Cove Packing Co. Inc. v. Atonio, 1989, held that, in cases brought under Title VII of the Civil Rights Act, the burden is on the plaintiff to prove an employer had no business necessity for a practice with discriminatory effects.) Allows a rule barring employment based on illegal discriminatory intent. Declares that, when an employment practice is alleged to have mixed motives, an unlawful employment practice is established when it is shown that a discriminatory basis was a contributing factor, even though other factors also contributed. Bars certain types of relief and limits damages to the injury that is attributable to the unlawful practice. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions (challenging an employment practice that implements and is within the scope of a judgment or order) by persons who had certain types of notice and opportunity. Modifies the time limitations within which certain actions must be taken in alleged employment discrimination cases. (In Lorance v. AT&T Technologies, the Supreme Court held that seniority plans cannot be challenged as discriminatory unless complaints are filed soon after the plans are adopted.) Declares the application of a seniority system, if the system was included in a collective bargaining agreement with discriminatory intent, an unlawful employment practice. Allows punitive damages, certain types of compensatory damages, and jury trials only in connection with certain claims of intentional discrimination under the Act or under the Americans with Disabilities Act of 1990. Allows any party, if compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in attorney's fees which may be awarded in certain circumstances. Prohibits consent orders or judgments settling a claim, or stipulations of dismissal, unless the parties or their counsel attest that a waiver of all or substantially all attorney's fees was not compelled as a condition of the settlement.( Independent Federation of Flight Attendants v. Zipes held that attorneys' fees can be recovered under Title VII against losing intervenors only if the intervenor's action is frivolous, unreasonable, or without foundation.) Allows the court, in its discretion to promote fairness, in a proceeding in which a judgment or order granting relief under employment discrimination provisions is challenged, to allow the prevailing party in the original action to recover attorney's fees and costs incurred in defending the judgment or order. Extends the time limit for filing against the Government a civil action involving employment discrimination. Requires, except for prejudgment interest on compensatory damages, the same interest payment by the Government as in cases involving non-public parties. Requires all Federal civil rights laws to be interpreted broadly to provide equal opportunity and provide effective remedies. Prohibits, except as expressly provided, interpreting any Federal civil rights law to repeal or amend by implication any other such law. Prohibits using this Act as a basis for limiting civil rights laws not expressly amended by this Act. Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contract; and (2) the rights protected by the amended provisions are protected against impairment by non-governmental discrimination as well as against impairment under color of State law. (In 1989, the Supreme Court ruled, in Patterson v. McLean Credit Union, that an 1866 law forbidding discrimination in contracts applies only to hiring agreements, not on-the-job bias.) Prohibits construing the amendments made by this Act to: (1) require or encourage an employer to adopt hiring or promotion quotas; or (2) affect court-ordered remedies, affirmative action, or conciliation agreements that are otherwise in accordance with the law. Amends the Civil Rights Act of 1964 to apply equal employment opportunities provisions to the Congress, with enforcement as determined by each House of the Congress. Amends the Age Discrimination in Employment Act of 1967 to modify requirements, including time limitations, regarding filing of a civil action. Requires the Equal Employment Opportunity Commission to notify the person aggrieved if an age discrimination charge is dismissed by the Commission. Allows a civil suit to be brought within a specified time limit after the dismissal. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 3 January 1991

   Introduced

   Introduced in House

   Source: IntroReferral

2. 3 January 1991

   Introduced

   Introduced in House

   Source: IntroReferral

3. 3 January 1991

   Introduced

   Referred to the House Committee on Education and Labor.

   Source: IntroReferral

4. 6 February 1991

   Referred

   Referred to the Subcommittee on Civil and Constitutional Rights.

   Source: Committee

5. 7 February 1991

   Committee

   Subcommittee Hearings Held.

   Source: Committee

6. 21 February 1991

   Committee

   Executive Comment Requested from Labor, EEOC.

   Source: Committee

7. 27 February 1991

   Committee

   Committee Hearings Held.

   Source: Committee

8. 28 February 1991

   Committee

   Subcommittee Hearings Held.

   Source: Committee

9. 5 March 1991

   Committee

   Committee Hearings Held.

   Source: Committee

10. 7 March 1991

    Committee

    Subcommittee Hearings Held.

    Source: Committee

11. 12 March 1991

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

12. 12 March 1991

    Committee

    Forwarded by Subcommittee to Full Committee.

    Source: Committee

13. 12 March 1991

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

14. 12 March 1991

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

15. 19 March 1991

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

16. 19 March 1991

    Reported

    Ordered to be Reported.

    Source: Committee

17. 24 April 1991

    Reported

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 102-40, Part I.

    Source: Committee

18. 24 April 1991

    Reported

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 102-40, Part I.

    Source: Committee

19. 17 May 1991

    Calendars

    Placed on the Union Calendar, Calendar No. 42.

    Source: Calendars

20. 17 May 1991

    Reported

    Reported by the Committee on Judiciary. H. Rept. 102-40, Part II.

    Source: Committee

21. 17 May 1991

    Reported

    Reported by the Committee on Judiciary. H. Rept. 102-40, Part II.

    Source: Committee

22. 3 June 1991

    Reported

    Rules Committee Resolution H. Res. 162 Reported to House. Rule provides for consideration of H.R. 1 with 3 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. It shall be in order to consider the amendment in the nature of a substitute recommended by the Com mittee on Education and Labor now printe d in the bill as an original bill for the pu rpose of amendment under the five-minute rule. Measure will be considered rea d. Specified amendments are in or der.

    Source: Floor

23. 4 June 1991

    Passed

    Rule H. Res. 162 passed House.

    Source: Floor

24. 4 June 1991

    Floor

    Rule provides for consideration of H.R. 1 with 3 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. It shall be in order to consider the amendment in the nature of a substitute recommended by the Com mittee on Education and Labor now printe d in the bill as an original bill for the pu rpose of amendment under the five-minute rule. Measure will be considered rea d. Specified amendments are in or der.

    Source: Floor

25. 4 June 1991

    Floor

    The Speaker designated the Honorable Kweisi Mfume to act as Chairman of the Committee.

    Source: Floor

26. 4 June 1991

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 162 and Rule XXIII.

    Source: Floor

27. 4 June 1991

    Floor

    Considered under the provisions of rule H. Res. 162.

    Source: Floor

28. 4 June 1991

    Floor

    Committee of the Whole House on the state of the Union rises leaving H.R. 1 as unfinished business.

    Source: Floor

29. 5 June 1991

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

30. 5 June 1991

    Vote

    On passage Passed by the Yeas and Nays: 273 - 158 (Roll no. 131).

    Source: Floor

31. 5 June 1991

    Vote

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 273 - 158 (Roll no. 131).

    Source: Floor

32. 5 June 1991

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

33. 5 June 1991

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

34. 5 June 1991

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1.

    Source: Floor

35. 5 June 1991

    Floor

    DEBATE - Pursuant to the provisions of H. Res. 162, the Committee of the Whole proceeded with one hour of debate on the amendment in the nature of a substitute offered by Mr. Brooks.

    Source: Floor

36. 5 June 1991

    Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

    Source: Floor

37. 5 June 1991

    Floor

    Considered as unfinished business.

    Source: Floor

38. 11 June 1991

    Calendars

    Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

    Source: Calendars

39. 8 July 1991

    Calendars

    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 148.

    Source: Calendars

40. 22 November 1991

    Floor

    Indefinitely postponed by Senate by Unanimous Consent.

    Source: Floor

Votes

No vote records are attached yet.

Versions

• Engrossed in House · undated · Official file
• Introduced in House · undated · Official file
• Placed on Calendar Senate · undated · Official file
• Received in Senate · undated · Official file
• Reported in House · undated · Official file

Documents

8 official files

• Reported in House (text)

  Reported in House · EN

  ViewDownloadOpen at official source

• Received in Senate (text)

  Received in Senate · EN

  ViewDownloadOpen at official source

• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN

  ViewDownloadOpen at official source

• Introduced in House (text)

  Introduced in House · EN

  ViewDownloadOpen at official source

• Engrossed in House (text)

  Engrossed in House · EN

  ViewDownloadOpen at official source

• Passed House amended

  summary · EN · 5 June 1991

  Open at official source

• Reported to House amended, Part I

  summary · EN · 24 April 1991

  Open at official source

• Introduced in House

  summary · EN · 3 January 1991

  Open at official source

Sponsors

• Rep. Brooks, Jack B. [D-TX-9] · D · Sponsor
• Rep. Edwards, Don [D-CA-10] · D · Sponsor
• Rep. Fish, Hamilton, Jr. [R-NY-25] · R · Sponsor
• Rep. Gephardt, Richard A. [D-MO-3] · D · Sponsor
• Rep. Gray, William H., III [D-PA-2] · D · Sponsor
• Steny Hoyer · D · Sponsor
• Rep. Fazio, Vic [D-CA-4] · D · Sponsor
• Rep. Schroeder, Patricia [D-CO-1] · D · Sponsor
• Rep. Snowe, Olympia J. [R-ME-2] · R · Sponsor
• Rep. Towns, Edolphus [D-NY-11] · D · Sponsor
• Rep. Ortiz, Solomon P. [D-TX-27] · D · Sponsor
• Rep. Mineta, Norman Y. [D-CA-13] · D · Sponsor
• Rep. Matsui, Robert T. [D-CA-3] · D · Sponsor
• Rep. Ford, William D. [D-MI-15] · D · Cosponsor
• Rep. Clay, William (Bill) [D-MO-1] · D · Cosponsor
• Rep. Collins, Barbara-Rose [D-MI-15] · D · Cosponsor
• Rep. Collins, Cardiss [D-IL-7] · D · Cosponsor
• JOHN CONYERS · D · Cosponsor
• Rep. Dellums, Ronald V. [D-CA-8] · D · Cosponsor
• Rep. Dixon, Julian C. [D-CA-28] · D · Cosponsor
• Rep. Dymally, Mervyn M. [D-CA-31] · D · Cosponsor
• Rep. Espy, Mike [D-MS-2] · D · Cosponsor
• Rep. Flake, Floyd H. [D-NY-6] · D · Cosponsor
• Rep. Ford, Harold E. [D-TN-8] · D · Cosponsor
• Rep. Hayes, Charles A. [D-IL-1] · D · Cosponsor
• Rep. Jefferson, William J. [D-LA-2] · D · Cosponsor
• JOHN LEWIS · D · Cosponsor
• Rep. Mfume, Kweisi [D-MD-7] · D · Cosponsor
• Del. Norton, Eleanor Holmes [D-DC-At Large] · D · Cosponsor
• Rep. Owens, Major R. [D-NY-12] · D · Cosponsor
• Rep. Payne, Donald M. [D-NJ-10] · D · Cosponsor
• Rep. Rangel, Charles B. [D-NY-19] · D · Cosponsor
• Rep. Savage, Gus [D-IL-2] · D · Cosponsor
• Rep. Stokes, Louis [D-OH-21] · D · Cosponsor
• Rep. Washington, Craig A. [D-TX-18] · D · Cosponsor
• Maxine Waters · D · Cosponsor
• Rep. Wheat, Alan [D-MO-5] · D · Cosponsor
• Rep. Abercrombie, Neil [D-HI-1] · D · Cosponsor
• Rep. Andrews, Michael [D-TX-25] · D · Cosponsor
• Rep. Andrews, Robert E. [D-NJ-1] · D · Cosponsor
• Rep. Andrews, Thomas H. [D-ME-1] · D · Cosponsor
• Rep. Atkins, Chester G. [D-MA-5] · D · Cosponsor
• Rep. AuCoin, Les [D-OR-1] · D · Cosponsor
• Rep. Bacchus, Jim [D-FL-15] · D · Cosponsor
• Rep. Berman, Howard L. [D-CA-26] · D · Cosponsor
• Rep. Bilbray, James H. [D-NV-1] · D · Cosponsor
• Rep. Boxer, Barbara [D-CA-6] · D · Cosponsor
• Rep. Brown, George E., Jr. [D-CA-36] · D · Cosponsor

Showing 48 of 178 sponsors and actors.

Related records

• related to → Providing for the consideration of the bill (H.R. 1) to amend the Civil Rights Act of 1964 to restore and strengthen civil rights laws that ban discrimination in employment, and for other purposes.
• related to ← Civil Rights Act of 1991
• related to ← Civil Rights Act of 1991