Summary: H.R.5905 — 101st Congress (1989-1990)All Information (Except Text)

There is one summary for H.R.5905. Bill summaries are authored by CRS.

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Introduced in House (10/23/1990)

Civil Rights Act of 1990 - Amends the Civil Rights Act of 1964 to provide for the burden of proof which the complaining party and the respondent must meet in certain situations relating to unlawful employment practices based on disparate impact. Allows a rule barring employment of an individual who currently and knowingly uses or possesses an illegal drug unless the rule is adopted or applied with intent to discriminate.

Allows establishment of an unlawful employment practice on a demonstration that a certain basis was a motivating factor for a practice, even though other factors also motivated the practice.

Prohibits certain types of relief on a demonstration that the respondent would have taken the same action in the absence of any discrimination. Allows, on such a showing, declaratory and injunctive relief, attorney's fees, and costs.

Provides for the finality of litigated or consent judgements or orders, barring actions (challenging an employment practice required by a judgment or order) by persons who had certain types of notice and opportunity.

Declares that an alleged unlawful employment practice occurs, with regard to a seniority system, when: (1) the system is adopted; (2) an individual becomes subject to the system; or (3) a person is injured by application of the system or provision, adopted for an intentionally discriminatory purpose, whether or not the discriminatory purpose is apparent on the face of the provision.

Allows a court, in fashioning remedies for unlawful intentional employment discrimination, to require the respondent to pay a specified amount if: (1) needed to deter the respondent from engaging in such practices; and (2) otherwise justified by the equities, consistent with the purposes of the equal employment opportunities provisions of the Act, and in the public interest. Requires all employment discrimination cases to be heard and determined by a judge, except that, if the court determines that the claims presented may require the payments authorized by this paragraph and that a jury trial is constitutionally required for such relief, a jury may be empaneled to determine such issues and no others.

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 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.

Amends the Age Discrimination in Employment Act of 1967 to require 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.

Provides for the application of 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 to the Senate, the House of Representatives, and instrumentalities of the Congress.

Prohibits construing the amendments made by this Act, or any statute amended by this Act, so as to require, permit, or result in the adoption or implementation of quotas.

Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.