Summary: S.1261 — 101st Congress (1989-1990)All Information (Except Text)

There is one summary for S.1261. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (06/23/1989)

Fair Employment Reinstatement Act - Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice is established when a complaining party demonstrates that an employment practice, or a group of employment practices, results in a disparate impact on the basis of race, color, religion, sex, or national origin, and the respondent fails to demonstrate that such practice or practices are required by business necessity.

Provides that: (1) if the complaining party shows that a group of practices results in disparate impact, the party need not show which practice or practices result in the disparate impact; and (2) if the respondent demonstrates that a specific practice does not contribute to the disparate impact, the respondent need not show that such practice is required by business necessity.

Defines "required by business necessity" to mean essential to effective job performance.