Civil Rights Act of 1990

Summary

Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide that: (1) once a complainant has demonstrated that an employment practice results in a disparate impact on the basis of race, color, religion, sex, or national origin, the respondent has the burden of proving that the practice is justified by business necessity; (2) a complainant need not demonstrate which of a group of practices results in the demonstrated disparate impact; and (3) a respondent need not show business necessity for a specific practice within a group of practices if the respondent shows that that practice does not contribute to the disparate impact. Declares that an unlawful employment practice is established on a demonstration that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though such practice was also motivated by other factors, but bars certain types of relief if the respondent establishes that it would have taken the same action in the absence of any discrimination. Prohibits a challenge to an employment practice that implements a litigated or consent judgment or order resolving a claim of employment discrimination: (1) by a person who had certain types of notice and opportunity; (2) by a person whose interests were adequately represented by another person who challenged the judgment or order; or (3) if reasonable efforts were made to provide notice to interested persons. Increases to two years the time limit within which a charge of an unlawful employment practice must be filed. Removes provisions setting a separate time limit for charges initially filed with a State or local agency. Declares that a seniority system or practice which is part of a collective bargaining agreement is an unlawful employment practice if it was included in the agreement with the intent to discriminate. Allows, except for disparate impact cases, for compensatory damages (but not back pay) and, where there is malice or reckless or callous indifference, for punitive damages. Allows any party, where compensatory or punitive damages are sought, to demand a jury trial. Includes expert fees and other litigation expenses in any attorney's fees awarded. Prohibits a consent order or judgment settling a claim unless the parties and their counsel attest that a waiver of attorneys' fees was not compelled as a condition of the settlement. Allows to the prevailing party in the original action an award of attorney's fees and costs in defending a challenged judgment or order. Increases to 90 days after final action by a Federal agency the time limit for a Federal employee to bring a civil action. Allows to Federal employees the same interest to compensate for delay in payment as in cases involving non-public parties. Requires Federal civil rights laws to be broadly construed to effect their purpose to eliminate discrimination and provide effective remedies. Prohibits, except as expressly provided, any Federal civil rights law from being construed to restrict or limit the rights, procedures, or remedies available under any other Federal civil rights law. Declares that, 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 contractual relationship.

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

Timeline

1. 7 February 1990

   Introduced

   Introduced in House

   Source: IntroReferral

2. 7 February 1990

   Introduced

   Referred to the House Committee on Education and Labor.

   Source: IntroReferral

3. 7 February 1990

   Introduced

   Introduced in House

   Source: IntroReferral

4. 12 February 1990

   Referred

   Referred to the Subcommittee on Civil and Constitutional Rights.

   Source: Committee

5. 20 February 1990

   Committee

   Subcommittee Hearings Held.

   Source: Committee

6. 20 February 1990

   Committee

   Committee Hearings Held.

   Source: Committee

7. 26 February 1990

   Committee

   Executive Comment Requested from Labor, EEOC.

   Source: Committee

8. 27 February 1990

   Committee

   Subcommittee Hearings Held.

   Source: Committee

9. 27 February 1990

   Committee

   Committee Hearings Held.

   Source: Committee

10. 13 March 1990

    Committee

    Committee Hearings Held.

    Source: Committee

11. 13 March 1990

    Committee

    Subcommittee Hearings Held.

    Source: Committee

12. 20 March 1990

    Committee

    Subcommittee Hearings Held.

    Source: Committee

13. 20 March 1990

    Committee

    Committee Hearings Held.

    Source: Committee

14. 25 April 1990

    Committee

    Committee Hearings Held.

    Source: Committee

15. 1 May 1990

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

16. 2 May 1990

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

17. 3 May 1990

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

18. 8 May 1990

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

19. 8 May 1990

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

20. 21 May 1990

    Committee

    Field Hearings Held by Full Committee in Houston, Texas.

    Source: Committee

21. 12 July 1990

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

22. 12 July 1990

    Committee

    Forwarded by Subcommittee to Full Committee (Amended).

    Source: Committee

23. 25 July 1990

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

24. 25 July 1990

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

25. 30 July 1990

    Reported

    Reported adversely (Amended) by the Committee on Judiciary. H. Rept. 644, Part I.

    Source: Committee

26. 30 July 1990

    Reported

    Reported adversely (Amended) by the Committee on Judiciary. H. Rept. 644, Part I.

    Source: Committee

27. 31 July 1990

    Calendars

    Placed on the Union Calendar, Calendar No. 406.

    Source: Calendars

28. 31 July 1990

    Reported

    Reported adversely (Amended) by the Committee on Judiciary. H. Rept. 644, Part II.

    Source: Committee

29. 31 July 1990

    Reported

    Reported adversely (Amended) by the Committee on Judiciary. H. Rept. 644, Part II.

    Source: Committee

30. 1 August 1990

    Reported

    Rules Committee Resolution H. Res. 449 Reported to House. Rule provides for consideration of H.R. 4000 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 an amendment in the nature of a substitute consisting of the text printed in part one of the report accompanying this amendment as an original bill, said substitute shall be considered read and all points of order against said substitute for failure to comply with the provisions of clause 7, rule XVI shall be waived. Measure will be considered read. Specified amendments are in order. No amendment to said substitute shall be in order except those printed in part two of the report accompanying this resolution. Said amendments shall be considered in the order and manner specified and debatable for the times specified. It shall be in order to consider en bloc the amendments numbered one in part ...

    Source: Floor

31. 2 August 1990

    Floor

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

    Source: Floor

32. 2 August 1990

    Floor

    Committee of the Whole House on the state of the Union rises leaving H.R. 4000 as unfinished business.

    Source: Floor

33. 2 August 1990

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 449 and Rule XXIII.

    Source: Floor

34. 2 August 1990

    Floor

    Rule provides for consideration of H.R. 4000 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 an amendment in the nature of a substitute consisting of the text printed in part one of the report accompanying this amendment as an original bill, said substitute shall be considered read and all points of order against said substitute for failure to comply with the provisions of clause 7, rule XVI shall be waived. Measure will be considered read. Specified amendments are in order. No amendment to said substitute shall be in order except those printed in part two of the report accompanying this resolution. Said amendments shall be considered in the order and manner specified and debatable for the times specified. It shall be in order to consider en bloc the amendments numbered one

    Source: Floor

35. 2 August 1990

    Floor

    Considered under the provisions of rule H. Res. 449.

    Source: Floor

36. 2 August 1990

    Passed

    Rule H. Res. 449 passed House.

    Source: Floor

37. 3 August 1990

    Floor

    Laid on the table. See S. 2104 for further action.

    Source: Floor

38. 3 August 1990

    Floor

    DEBATE - Pursuant to the provisions of H. Res. 449, the Committee of the Whole proceeded with two hours of debate on the Michel amendment.

    Source: Floor

39. 3 August 1990

    Passed

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

    Source: Floor

40. 3 August 1990

    Vote

    On passage Passed by the Yeas and Nays: 272 - 154 (Roll no. 310).

    Source: Floor

41. 3 August 1990

    Vote

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 272 - 154 (Roll no. 310).

    Source: Floor

42. 3 August 1990

    Failed

    On motion to recommit Failed by voice vote.

    Source: Floor

43. 3 August 1990

    Floor

    Mr. Sensenbrenner moved to recommit jointly to the Judiciary and Education and Labor.

    Source: Floor

44. 3 August 1990

    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

45. 3 August 1990

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

46. 3 August 1990

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4000.

    Source: Floor

47. 3 August 1990

    Floor

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

    Source: Floor

48. 3 August 1990

    Floor

    Considered as unfinished business.

    Source: Floor

Votes

No vote records are attached yet.

Versions

• Introduced in House · — · Download file
• Reported in House · — · Download file

Documents

4 official files

• Reported in House (text)

  Reported in House · EN

  ViewDownloadOpen at official source

• Introduced in House (text)

  Introduced in House · EN

  ViewDownloadOpen at official source

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  summary · EN · 3 August 1990

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  summary · EN · 7 February 1990

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Sponsors

• Rep. Hawkins, Augustus F. [D-CA-29] · D · Sponsor
• Rep. Edwards, Don [D-CA-10] · D · Sponsor
• Rep. Fish, Hamilton, Jr. [R-NY-19] · R · Sponsor
• Rep. Gephardt, Richard A. [D-MO-3] · D · Sponsor
• Rep. Gray, William H., III [D-PA-2] · D · Sponsor
• Rep. Hoyer, Steny H. [D-MD-5] · D · Sponsor
• Rep. Ford, William D. [D-MI-13] · D · Sponsor
• Rep. Gaydos, Joseph M. [D-PA-20] · D · Sponsor
• Rep. Clay, William (Bill) [D-MO-1] · D · Sponsor
• Rep. Miller, George [D-CA-11] · D · Sponsor
• Rep. Murphy, Austin J. [D-PA-20] · D · Sponsor
• Rep. Kildee, Dale E. [D-MI-5] · D · Sponsor
• Rep. Williams, Pat [D-MT-At Large] · D · Sponsor
• Rep. Martinez, Matthew G. [D-CA-31] · D · Sponsor
• Rep. Owens, Major R. [D-NY-11] · D · Sponsor
• Rep. Hayes, Charles A. [D-IL-1] · D · Sponsor
• Rep. Sawyer, Tom [D-OH-14] · D · Sponsor
• Rep. Payne, Donald M. [D-NJ-10] · D · Sponsor
• Rep. Lowey, Nita M. [D-NY-17] · D · Sponsor
• Rep. Unsoeld, Jolene [D-WA-3] · D · Sponsor
• Rep. Rahall, Nick J., II [D-WV-3] · D · Sponsor
• Rescom. Fuster, Jamie B. [D-PR-At Large] · D · Sponsor
• Rep. Mfume, Kweisi [D-MD-7] · D · Sponsor
• Rep. Ackerman, Gary L. [D-NY-5] · D · Sponsor
• Sen. Akaka, Daniel K. [D-HI] · D · Sponsor
• Rep. Andrews, Michael [D-TX-25] · D · Sponsor
• Rep. Atkins, Chester G. [D-MA-5] · D · Sponsor
• Rep. AuCoin, Les [D-OR-1] · D · Sponsor
• Rep. Bates, Jim [D-CA-44] · D · Sponsor
• Rep. Beilenson, Anthony C. [D-CA-24] · D · Sponsor
• Rep. Berman, Howard L. [D-CA-28] · D · Sponsor
• Rep. Boggs, Corinne C. (Lindy) [D-LA-2] · D · Sponsor
• Rep. Bonior, David E. [D-MI-10] · D · Sponsor
• Rep. Boucher, Rick [D-VA-9] · D · Sponsor
• Sen. Boxer, Barbara [D-CA] · D · Sponsor
• Rep. Brennan, Joseph E. [D-ME-1] · D · Sponsor
• Rep. Bryant, John W. [D-TX-5] · D · Sponsor
• Rep. Bustamante, Albert G. [D-TX-23] · D · Sponsor
• Sen. Cardin, Benjamin L. [D-MD] · D · Sponsor
• Rep. Coleman, Ronald D. [D-TX-16] · D · Sponsor
• Rep. Collins, Cardiss [D-IL-7] · D · Sponsor
• Rep. Conte, Silvio O. [R-MA-1] · R · Sponsor
• Rep. Conyers, John, Jr. [D-MI-13] · D · Sponsor
• Rep. Courter, Jim [R-NJ-12] · R · Sponsor
• Rep. Crockett, George W., Jr. [D-MI-13] · D · Sponsor
• Rep. Dellums, Ronald V. [D-CA-9] · D · Sponsor
• Del. de Lugo, Ron [D-VI-At Large] · D · Sponsor
• Rep. Dixon, Julian C. [D-CA-32] · D · Sponsor

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Related records

• related to → Providing for the consideration of the bill (H.R. 4000) 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 1990
• amends ← An amendment limiting the amount of punitive damages awarded for intentional discrimination by employers with fewer than 100 employees to $150,000 or an amount equal to such compensatory damages and equitable monetary relief awarded, whichever is greater.
• amends ← 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.
• amends ← An amendment (en bloc) consisting of several amendments to clarify that nothing in the provisions of the bill shall be construed as requiring an employer to adopt hiring or promotion quotas on the basis of race, color, religion, sex, or national origin. The amendment further stipulates that the mere existence of statistical imbalance in the workplace of race, color. religion, sex, or national origin is not sufficient evidence to establish proof of violation of the law.