Civil Rights Act of 1991

Summary

Civil Rights Act of 1991 - 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 contractual relationship; and (2) the rights protected by the amended provisions are protected against impairment by nongovernmental discrimination and impairment under color of State law. Allows compensatory and punitive damages for intentional employment discrimination on the basis of race, color, religion, sex, national origin, or disability, subject to certain exceptions, including when: (1) the complaining party may recover under provisions of Federal law relating to equal rights under the law; or (2) the covered entity, in a disability discrimination case, demonstrates good faith efforts to make a reasonable accommodation that would provide an equally effective opportunity and would not cause an undue hardship on the operation of the business. Allows such punitive damages under these provisions where there is malice or reckless indifference to the federally protected rights of an aggrieved individual. Prohibits compensatory damages under these provisions for back pay, interest on back pay, or any other type of relief authorized under specified provisions of the Civil Rights Act of 1964 relating to injunctions, affirmative action, or other equitable relief. Limits to specified dollar amounts, varying depending on the number of employees employed by an employer, the sum of compensatory (for specified types of losses) and punitive damages. Allows any party to demand a jury trial if the complaining party seeks compensatory or punitive damages. Prohibits the court from informing the jury of the dollar amount limitations. Allows the awarding of attorney's fees in connection with an action or proceeding to enforce these provisions. Amends the Civil Rights Act of 1964 to define "required by business necessity" to mean that the challenged practice must: (1) in the case of practices used as job qualifications or to measure the ability to perform the job, bear a manifest relationship to the employment; and (2) in the case of other practices, bear a manifest relationship to a legitimate business objective of the employer. Provides for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on an assertion that a particular employment practice or particular employment practices result in disparate impact. Declares it an unlawful employment practice for a respondent, in connection with employment or promotion selection or referral, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin. Declares that an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, even though other factors also motivated the practice. Allows, when such mixed motives have been proven and the respondent shows it would have taken the same action in the absence of the impermissible motivating factor, declaratory relief, limited types of injunctive relief, and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under the enforcement provisions of title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 Prohibits, in such cases, awarding damages or issuing certain types of orders. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions (challenging an order) by persons who had certain types of notice and opportunity. Includes U.S. citizens employed in a foreign country in the definition of "employee." Declares that it is not unlawful to take an action, with respect to an employee in a foreign country, which would otherwise be prohibited by certain unlawful employment practice provisions of such title, if compliance with those provisions would violate the law of the foreign country. Declares that: (1) any practice prohibited by such provisions engaged in by an employer who controls a corporation incorporated in a foreign country is presumed to be engaged in by the employer; and (2) those provisions do not apply to the foreign operations of a foreign employer which is not controlled by an American employee. Requires the Equal Employment Opportunity Commission (EEOC), with regard to rights and obligations under title VII or other laws, to carry out educational and outreach activities, including in languages other than English, targeted to: (1) individuals who have historically been victims of employment discrimination and who have not been equitably served by the EEOC; and (2) individuals on whose behalf the EEOC has authority to enforce any other law. Declares that an unlawful employment practice occurs, with respect to a seniority system that has been adopted for an intentionally discriminatory purpose, whether or not that purpose is apparent on the face of the system, when the system is adopted, when an individual becomes subject to the system, or when a person is injured by the application of the system. Allows expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends the Age Discrimination in Employment Act of 1967 (ADEA) to replace provisions providing for tolling of the statute of limitations for actions under the ADEA with provisions requiring the EEOC to give certain notice if it dismisses a charge or otherwise terminates proceedings. Allows a person to bring a civil action within a specified time limit. Prohibits construing certain amendments made by this Act to affect court-ordered remedies, affirmative action, or conciliation agreements that are in accordance with the law. Declares that: (1) the rights and protections under this Act, the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973 shall apply with respect to employment by the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution, as incorporated into the Rules of the House of Representatives; and (2) the provisions of this Act relating to such Resolution and Rules are enacted as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under this Act and title VII of the Civil Rights Act of 1964 shall apply with respect to the conduct of each instrumentality of the Congress, with the chief official of each instrumentality establishing the remedies and procedures to be used. Makes such remedies and procedures exclusive. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the U.S. Botanic Garden. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts and provisions of Federal law amended by this Act.

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Timeline

1. 24 September 1991

   Introduced

   Introduced in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 236.

   Source: Calendars

2. 24 September 1991

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 7 October 1991

   Floor

   Motion to proceed to consideration of measure made in Senate.

   Source: Floor

4. 8 October 1991

   Floor

   Cloture motion on the motion to proceed vitiated by Unanimous Consent.

   Source: Floor

5. 17 October 1991

   Floor

   Motion to proceed to consideration of measure made in Senate.

   Source: Floor

6. 22 October 1991

   Vote

   Cloture on the motion to proceed invoked in Senate by Yea-Nay Vote. 93-4. Record Vote No: 227.

   Source: Floor

7. 23 October 1991

   Floor

   Motion to proceed to the bill considered in Senate.

   Source: Floor

8. 25 October 1991

   Floor

   Measure laid before Senate by unanimous consent.

   Source: Floor

9. 29 October 1991

   Floor

   Considered by Senate.

   Source: Floor

10. 30 October 1991

    Floor

    Considered by Senate.

    Source: Floor

11. 30 October 1991

    Vote

    Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 93-5. Record Vote No: 238.

    Source: Floor

12. 6 November 1991

    Floor

    Held at the desk.

    Source: Floor

13. 6 November 1991

    Reported

    Rules Committee Resolution H. Res. 270 Reported to House. Rule provides for consideration of S. 1745 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions. The resolution provides for one motion to commit the Senate bill which may not contain instructions. Bill is closed to amendments.

    Source: Floor

14. 6 November 1991

    Floor

    Received in the House.

    Source: Floor

15. 6 November 1991

    Floor

    Message on Senate action sent to the House.

    Source: Floor

16. 7 November 1991

    Passed

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

    Source: Floor

17. 7 November 1991

    Vote

    On passage Passed by the Yeas and Nays: 381 - 38 (Roll no. 386).

    Source: Floor

18. 7 November 1991

    Vote

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 381 - 38 (Roll no. 386).

    Source: Floor

19. 7 November 1991

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

20. 7 November 1991

    Floor

    Rule provides for consideration of S. 1745 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions. The resolution provides for one motion to commit the Senate bill which may not contain instructions. Bill is closed to amendments.

    Source: Floor

21. 7 November 1991

    Floor

    Considered under the provisions of rule H. Res. 270.

    Source: Floor

22. 7 November 1991

    Passed

    Rule H. Res. 270 passed House.

    Source: Floor

23. 13 November 1991

    Floor

    Presented to President.

    Source: Floor

24. 13 November 1991

    President

    Presented to President.

    Source: President

25. 13 November 1991

    Floor

    Measure Signed in Senate.

    Source: Floor

26. 21 November 1991

    Became law

    Became Public Law No: 102-166.

    Source: President

27. 21 November 1991

    Became law

    Signed by President.

    Source: BecameLaw

28. 21 November 1991

    President

    Signed by President.

    Source: President

Votes

Versions

• Enrolled Bill · — · Download file
• Engrossed in Senate · — · Download file
• Placed on Calendar Senate · — · Download file

Documents

6 official files

• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN

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• Engrossed in Senate (text)

  Engrossed in Senate · EN

  ViewDownloadOpen at official source

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• Enrolled Bill (text)

  Enrolled Bill · EN

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• Public Law (PDF)

  Public Law · EN · 22 November 1991

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• Passed Senate amended

  summary · EN · 30 October 1991

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• Introduced in Senate

  summary · EN · 24 September 1991

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Sponsors

• Sen. Danforth, John C. [R-MO] · R · Sponsor
• Sen. Chafee, John H. [R-RI] · R · Sponsor
• Sen. Cohen, William S. [R-ME] · R · Sponsor
• Sen. Durenberger, Dave [R-MN] · R · Sponsor
• Sen. Hatfield, Mark O. [R-OR] · R · Sponsor
• Sen. Jeffords, James M. [I-VT] · R · Sponsor
• Sen. Specter, Arlen [R-PA] · R · Sponsor

Related records

• related to → Civil Rights and Women's Equity in Employment Act of 1991
• related to → Civil Rights Act of 1991
• related to → Providing for the consideration of the bill (S. 1745) to amend the Civil Rights Act of 1964 to strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact actions, and for other purposes.
• amends ← To direct the Secretary of Health and Human Services to prepare an annual report to the Congress on welfare dependency.
• amends ← To establish a limitation on damages.
• amends ← To clarify that Federal employees may recover damages for intentional employment discrimination and to allow damages for intentional discrimination under the Rehabilitation Act of 1973.
• amends ← To clarify that Federal employees may recover damages for intentional employment discrimination.
• amends ← To define the term "required by business necessity".
• amends ← In the nature of a substitute.
• amends ← To provide for a limit on attorney contingency fees, disclosure and estimate of such fees, a private right of action, and hourly rate right under the provisions of the Act.
• amends ← To clarify that Federal employees may recover damages for intentional employment discrimination and to allow damages for intentional discrimination under Rehabilitation Act of 1973.

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