Civil Rights Act of 1990

Summary

Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide for the shifting of the burden of proof between the complaining party and the respondent when an unlawful employment practice is alleged based on disparate impact. Declares that the mere existence of a statistical imbalance in a workforce is not alone sufficient to establish a prime facie case of disparate impact violation. Declares that an unlawful employment practice is established on a demonstration that race, color, religion, sex, or national origin was a major contributing factor for any employment practice, even though other factors also contributed to such practice. Limits enforcement if the respondent shows that it would have taken the same action in the absence of discrimination. Limits challenges to entered litigated or consent judgments or orders on the basis of notice and opportunity to challenge at the time of entry. Declares that an unlawful employment practice occurs when a seniority system is adopted, when an individual is subject to a system, or when a person is injured by the application of a system. Allows a court to order the respondent to pay the complaining party, except in disparate impact cases and other practices for which back pay may be ordered, up to a specified amount if needed to deter the respondent from future violations and if otherwise justified by the equities. Limits the amount a complaining party may recover for an unlawful employment practice or group of practices. Allows a complaining party, if such deterrent payments are needed and justified, notwithstanding other provisions, to commence a civil action for temporary or preliminary injunctive relief without regard to any waiting period which would otherwise apply. Requires all issues in cases under the Equal Employment Opportunity title of the Act to be heard and determined by a judge. Allows expert fees to be included in an award of attorney's fees. Amends Federal law relating to equal rights under the law to declare that: (1) the rights protected by those provisions are protected against impairment by nongovernmental discrimination as well as against impairment under color of State law; and (2) those provisions afford the same protection against discrimination in the performance, breach, modification, or termination of a contract and in the enjoyment of the contractual relationship as they do in the making or enforcement of the contract. Applies the Equal Employment Opportunity title of the Act to the Congress, to be enforced as determined by each House of Congress.

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2 official files

• Introduced in House (text)

  Introduced in House · EN

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• Introduced in House

  summary · EN · 26 September 1990

  Open at official source

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