There are 5 versions of this bill. View text

Click the check-box to add or remove the section, click the text link to scroll to that section.
Titles Actions Overview All Actions Cosponsors Committees Related Bills Subjects Latest Summary All Summaries

Titles (4)

Short Titles

Short Titles - House of Representatives

Short Titles as Passed House

Civil Rights Act of 1990

Short Titles - Senate

Short Titles as Reported to Senate

Civil Rights Act of 1990

Short Titles as Introduced

Civil Rights Act of 1990

Official Titles

Official Titles - Senate

Official Titles as Introduced

A bill to amend the Civil Rights Act of 1964 to restore and strengthen civil rights laws that ban discrimination in employment, and for other purposes.


Actions Overview (14)

Date Actions Overview
10/24/1990Failed of passage in Senate over veto: Failed of passage in Senate over veto by Yea-Nay Vote. 66-34. Record Vote No: 304.
10/22/1990Vetoed by President.
10/20/1990Presented to President.
10/17/1990Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 273 - 154 (Roll no. 478).
10/16/1990Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 62-34. Record Vote No: 276.
10/12/1990Conference report filed: Conference report H. Rept. 101-856 filed.
09/26/1990Conference report filed: Conference report H. Rept. 101-755 filed.
09/25/1990Conference committee actions: Conferees agreed to file conference report.
09/24/1990Conference committee actions: Conference held.
09/18/1990Resolving differences -- Senate actions: Senate disagreed to the House amendment by Voice Vote.
08/03/1990Passed/agreed to in House: On passage Passed without objection.
07/18/1990Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 65-34. Record Vote No: 161.
06/08/1990Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 101-315. Minority views filed.
02/07/1990Introduced in Senate

All Actions (103)

Date Chamber All Actions
10/25/1990SenateMessage on Senate action sent to the House.
10/24/1990SenateFailed of passage in Senate over veto by Yea-Nay Vote. 66-34. Record Vote No: 304.
10/24/1990SenateMeasure laid before Senate by unanimous consent.
10/22/1990Vetoed by President.
10/22/1990SenateVeto message received in Senate. Ordered held at the desk.
10/20/1990SenatePresented to President.
10/19/1990SenateMeasure Signed in Senate.
10/17/1990-2:11pmHouseOn agreeing to the conference report Agreed to by the Yeas and Nays: 273 - 154 (Roll no. 478).
10/17/1990-1:52pmHouseThe previous question was ordered without objection.
10/17/1990-12:43pmHouseDEBATE - The House proceeded with one hour of debate on the conference report.
10/17/1990-12:42pmHouseMr. Hawkins brought up conference report H. Rept. 101-856 for consideration under the provisions of H. Res. 504.
10/17/1990-12:42pmHouseRule H. Res. 504 passed House.
10/17/1990SenateMessage on Senate action sent to the House.
10/16/1990SenateSenate agreed to conference report by Yea-Nay Vote. 62-34. Record Vote No: 276.
10/16/1990SenateMotion to recommit conference report with instructions rejected in Senate by Yea-Nay Vote. 35-61. Record Vote No: 275.
10/16/1990SenateMotion to recommit conference report with instructions that the conferees consider a substitute amendment entered in Senate.
10/16/1990SenateConference report considered in Senate.
10/12/1990-4:33pmHouseConference report H. Rept. 101-856 filed.
10/11/1990-9:45pmHouseRules Committee Resolution H. Res. 504 Reported to House. Rule provides for consideration of the conference report to S. 2104. Upon adoption of this resolution it shall be in order to consider the conference report and all points of order against the conference report and against its consideration shall be waived. The conference report shall be considered as having been read when called up for consideration.
10/11/1990-1:46pmHouseOn motion to recommit with instructions to conference committee Agreed to by the Yeas and Nays: 375 - 45 (Roll no. 445).
10/11/1990-1:46pmHouseMotions to reconsider laid on the table Agreed to without objection.
10/11/1990-1:24pmHouseThe previous question on the motion to recommit the conference report with instructions was ordered without objection.
10/11/1990-1:22pmHouseMOTION TO RECOMMIT WITH INSTRUCTIONS - Mr. Michel of Illinois moved that the managers on the part of the House, at the Conference on the disagreeing votes between the two Houses on the bill S. 2104, be instructed to report back a bill which includes language making it clear that businessmen and businesswomen would not have to adopt artificial hiring and promotion quotas to comply with civil rights laws; language reducing the need for further burdening the judicial system and language which lessens the prospect for huge damage awards.
10/11/1990-1:21pmHouseMr. Michel moved to recommit with instructions to the conference committee.
10/11/1990-1:20pmHouseThe previous question was ordered without objection.
10/11/1990-12:12pmHouseDEBATE - The House proceeded with one hour of debate on the conference report.
10/11/1990-12:11pmHouseMr. Hawkins brought up conference report H. Rept. 101-755 for consideration under the provisions of H. Res. 477.
10/11/1990-12:10pmHouseRule H. Res. 477 passed House.
09/26/1990-7:45pmHouseRules Committee Resolution H. Res. 477 Reported to House. Rule provides for consideration of the conference report to S. 2104. All points of order against the conference report and against its consideration shall be waived and the conference report shall be considered as having been read when called up for consideration.
09/26/1990-10:31amHouseConference report H. Rept. 101-755 filed.
09/25/1990-5:18pmConferees agreed to file conference report.
Action By: Joint
09/24/1990-5:41pmConference held.
Action By: Joint
09/19/1990SenateMessage on Senate action sent to the House.
09/18/1990SenateSenate agreed to request for conference. Appointed conferees. Kennedy; Metzenbaum; Simon; Mikulski; Hatch; Kassebaum; Jeffords.
09/18/1990SenateSenate disagreed to the House amendment by Voice Vote.
09/18/1990SenateMessage on House action received in Senate and held at desk: House amendment to Senate bill and House requests a conference.
09/17/1990-6:04pmHouseThe chair appointed conferees - from the Committee on the Judiciary: Brooks, Edwards (CA), Kastenmeier, Conyers, Schroeder, Crockett, Fish, Moorhead, Hyde, and Sensenbrenner.
09/17/1990-6:03pmHouseThe chair appointed conferees - from the Committee on Education and Labor: Hawkins, Martinez, Williams, Washington, Fuster, Mfume, Goodling, Gunderson, Fawell, and Grandy.
09/17/1990-6:03pmHouseMotion to reconsider laid on the table Agreed to without objection.
09/17/1990-6:03pmHouseOn motion that the House insist upon its amendment, and request a conference Agreed to without objection.
09/17/1990-6:02pmHouseMr. Hawkins asked unanimous consent that the House insist upon its amendment, and request a conference.
08/03/1990-2:13pmHouseMotion to reconsider laid on the table Agreed to without objection.
08/03/1990-2:13pmHouseA similar measure H.R. 4000 was laid on the table without objection.
08/03/1990-2:13pmHouseOn passage Passed without objection.
08/03/1990-2:12pmHouseThe House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 4000. Agreed to without objection.
08/03/1990-2:12pmHouseConsidered by unanimous consent.
08/03/1990-2:12pmHouseMr. Hawkins asked unanimous consent to take from the Speaker's table and consider.
07/23/1990SenateMessage on Senate action sent to the House.
07/23/1990-12:05pmHouseHeld at the desk.
07/23/1990-12:02pmHouseReceived in the House.
07/18/1990SenatePassed Senate with an amendment by Yea-Nay Vote. 65-34. Record Vote No: 161.
07/18/1990SenateS.Amdt.2110 Amendment SP 2110 agreed to in Senate by Voice Vote.
07/18/1990SenateS.Amdt.2275 Amendment SP 2275 agreed to in Senate by Yea-Nay Vote. 65-34. Record Vote No: 160.
07/18/1990SenateThe cloture vote on the bill was vitiated by Unanimous Consent.
07/18/1990SenateS.Amdt.2275 Proposed by Senator Kennedy to Amendment SP 2110. In the nature of a substitute.
07/18/1990SenateS.Amdt.2131 Proposed amendment SP 2131 withdrawn in Senate.
07/18/1990SenateS.Amdt.2175 Proposed amendment SP 2175 withdrawn in Senate.
07/18/1990SenateConsidered by Senate.
07/18/1990SenateS.Amdt.2131 Considered by Senate.
07/18/1990SenateS.Amdt.2110 Considered by Senate.
07/18/1990SenateS.Amdt.2175 Considered by Senate.
07/17/1990SenateS.Amdt.2175 Proposed by Senator Dole for Senator Hatch to Amendment SP 2131. To define the term "required by business necessity" as meaning a manifest relationship to successful performance of the job.
07/17/1990SenateS.Amdt.2131 Proposed by Senator Dole for Senator Kassebaum to Amendment SP 2110. To amend the Civil Rights Act of 1964 to strengthen civil rights laws that ban discrimination in employment, and for other purposes.
07/17/1990SenateS.Amdt.2164 Amendment SP 2164 agreed to in Senate by Voice Vote.
07/17/1990SenateS.Amdt.2270 Proposed by Senator Kennedy to Amendment SP 2164. To prohibit the denial to any person of the due process of law required by the United States Constitution.
07/17/1990SenateS.Amdt.2270 Amendment agreed to in Senate by Yea-Nay Vote. 60-40. Record Vote No: 159.
07/17/1990SenateS.Amdt.2164 Proposed by Senator Hatch to Amendment SP 2110. Providing that no person shall be prohibited from challenging the implementation of a litigated or consent judgment or order on the ground that it denies him or her equal protection of the law under the United States Constitution, unless the right to make such challenge is unconstitutional.
07/17/1990SenateCloture on sp2110 invoked in Senate by Yea-Nay Vote. 62-38. Record Vote No: 158.
07/17/1990SenateS.Amdt.2110 Cloture on sp2110 invoked in Senate by Yea-Nay Vote. 62-38. Record Vote No: 158.
07/17/1990SenateConsidered by Senate.
07/17/1990SenateS.Amdt.2110 Considered by Senate.
07/16/1990SenateCloture motion on the bill presented in Senate.
07/16/1990SenateSecond cloture motion on Amendment SP 2110 presented in Senate.
07/16/1990SenateConsidered by Senate.
07/16/1990SenateS.Amdt.2110 Considered by Senate.
07/13/1990SenateCloture motion on Amendment SP 2110 presented in Senate.
07/13/1990SenateS.Amdt.2110 Cloture motion on Amendment SP 2110 presented in Senate.
07/13/1990SenateConsidered by Senate.
07/13/1990SenateS.Amdt.2110 Considered by Senate.
07/10/1990SenateS.Amdt.2115 SP 2115 fell when SP 2114 tabled.
07/10/1990SenateS.Amdt.2114 Motion to table SP 2114 agreed to in Senate by Yea-Nay Vote. 63-26. Record Vote No: 145.
07/10/1990SenateS.Amdt.2115 Proposed by Senator Harkin to Amendment SP 2114. Of a perfecting nature.
07/10/1990SenateS.Amdt.2114 Proposed by Senator Grassley. To provide a private right of actions in the appropriate Federal District Court for employees of the Congress of the United States.
07/10/1990SenateS.Amdt.2111 Amendment SP 2111 agreed to in Senate by Voice Vote.
07/10/1990SenateS.Amdt.2112 Amendment SP 2112 agreed to in Senate by Voice Vote.
07/10/1990SenateS.Amdt.2112 Motion to table SP 2112 rejected in Senate by Yea-Nay Vote. 18-74. Record Vote No: 144.
07/10/1990SenateS.Amdt.2111 Proposed by Senator Ford to Amendment SP 2110. To apply the rights and remedies of the Civil Rights Act of 1990, the Americans With Disabilities Act, the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1976, and the Rehabilitation Act of 1973 to the Senate.
07/10/1990SenateS.Amdt.2112 Proposed by Senator Ford to Amendment SP 2111. To apply the rights and remedies of the Civil Rights Act of 1990, the Americans With Disabilities Act, the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1976, and the Rehabilitation Act of 1973 to the Senate.
07/10/1990SenateS.Amdt.2110 Proposed by Senator Kennedy. To provide for a substitute amendment.
07/10/1990SenateThe Committee substitute was withdrawn.
07/10/1990SenateMeasure laid before Senate by unanimous consent.
06/25/1990SenateMotion to proceed to consideration of measure withdrawn in Senate by Unanimous Consent.
06/25/1990SenateCloture motion on the motion to proceed withdrawn by unanimous consent in Senate.
06/22/1990SenateCloture motion on the motion to proceed presented in Senate.
06/22/1990SenateMotion to proceed to consideration of measure made in Senate.
06/08/1990SenatePlaced on Senate Legislative Calendar under General Orders. Calendar No. 586.
06/08/1990SenateCommittee on Labor and Human Resources. Reported to Senate by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 101-315. Minority views filed.
04/04/1990SenateCommittee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
03/07/1990SenateCommittee on Labor and Human Resources. Hearings concluded. Hearings printed: S.Hrg. 101-649.
03/01/1990SenateCommittee on Labor and Human Resources. Hearings held.
02/27/1990SenateCommittee on Labor and Human Resources. Hearings held.
02/23/1990SenateCommittee on Labor and Human Resources. Hearings held.
02/07/1990SenateRead twice and referred to the Committee on Labor and Human Resources.

Cosponsors (49)

* = Original cosponsor
CosponsorDate Cosponsored
Sen. Jeffords, James M. [R-VT]* 02/07/1990
Sen. Metzenbaum, Howard M. [D-OH]* 02/07/1990
Sen. Hatfield, Mark O. [R-OR]* 02/07/1990
Sen. Simon, Paul [D-IL]* 02/07/1990
Sen. Durenberger, Dave [R-MN]* 02/07/1990
Sen. Pell, Claiborne [D-RI]* 02/07/1990
Sen. Packwood, Bob [R-OR]* 02/07/1990
Sen. Gore, Albert, Jr. [D-TN]* 02/07/1990
Sen. Mikulski, Barbara A. [D-MD]* 02/07/1990
Sen. Adams, Brock [D-WA]* 02/07/1990
Sen. Biden, Joseph R., Jr. [D-DE]* 02/07/1990
Sen. Bingaman, Jeff [D-NM]* 02/07/1990
Sen. Bradley, Bill [D-NJ]* 02/07/1990
Sen. Burdick, Quentin N. [D-ND]* 02/07/1990
Sen. Cohen, William S. [R-ME]* 02/07/1990
Sen. Conrad, Kent [D-ND]* 02/07/1990
Sen. Cranston, Alan [D-CA]* 02/07/1990
Sen. Dodd, Christopher J. [D-CT]* 02/07/1990
Sen. Fowler, Wyche, Jr. [D-GA]* 02/07/1990
Sen. Harkin, Tom [D-IA]* 02/07/1990
Sen. Inouye, Daniel K. [D-HI]* 02/07/1990
Sen. Kerrey, J. Robert [D-NE]* 02/07/1990
Sen. Kerry, John F. [D-MA]* 02/07/1990
Sen. Kohl, Herb [D-WI]* 02/07/1990
Sen. Lautenberg, Frank R. [D-NJ]* 02/07/1990
Sen. Leahy, Patrick J. [D-VT]* 02/07/1990
Sen. Levin, Carl [D-MI]* 02/07/1990
Sen. Matsunaga, Spark M. [D-HI]* 02/07/1990
Sen. Mitchell, George J. [D-ME]* 02/07/1990
Sen. Moynihan, Daniel Patrick [D-NY]* 02/07/1990
Sen. Riegle, Donald W., Jr. [D-MI]* 02/07/1990
Sen. Sarbanes, Paul S. [D-MD]* 02/07/1990
Sen. Specter, Arlen [R-PA]* 02/07/1990
Sen. Wirth, Timothy [D-CO]* 02/07/1990
Sen. Daschle, Thomas A. [D-SD] 02/08/1990
Sen. Glenn, John H., Jr. [D-OH] 02/08/1990
Sen. Sanford, Terry [D-NC] 02/08/1990
Sen. Lieberman, Joseph I. [D-CT] 03/07/1990
Sen. Dixon, Alan J. [D-IL] 03/20/1990
Sen. Danforth, John C. [R-MO] 05/17/1990
Sen. Bentsen, Lloyd M. [D-TX] 05/17/1990
Sen. Heinz, John [R-PA] 05/17/1990
Sen. Robb, Charles S. [D-VA] 05/17/1990
Sen. Akaka, Daniel K. [D-HI] 05/17/1990
Sen. Graham, Bob [D-FL] 05/17/1990
Sen. Rockefeller, John D., IV [D-WV] 05/17/1990
Sen. Reid, Harry [D-NV] 05/17/1990
Sen. Sasser, Jim [D-TN] 05/21/1990
Sen. Chafee, John H. [R-RI] 10/16/1990

Committees (1)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Related Documents
Senate Labor and Human Resources02/07/1990 Referred to
03/07/1990 Hearings by
04/04/1990 Markup by
06/08/1990 Reported by S.Rept 101-315

A related bill may be a companion measure, an identical bill, a procedurally-related measure, or one with text similarities. Bill relationships are identified by the House, the Senate, or CRS, and refer only to same-congress measures.


Latest Summary (4)

There are 4 summaries for S.2104. View summaries

Shown Here:
Conference report filed in House (10/12/1990)

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) in certain circumstances, 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 is not responsible in whole or in significant part for the disparate impact.

Provides that, unless the respondent has destroyed, concealed, refused to produce, or failed to keep records necessary to make the showing: (1) the complainant must demonstrate which specific practice or practices are responsible for such impact; and (2) the respondent must show a business necessity for such practice. Declares that if a complainant demonstrates that a different employment practice or group of employment practices with less disparate impact would serve the respondent as well, the existing practice or group of practices causing a disparate impact, notwithstanding demonstrated business necessity, shall be unlawful.

Makes a rule barring the employment of an individual who currently and knowingly uses or possesses an illegal drug, except in certain circumstances, an unlawful employment practice under this Act only if such rule is adopted or applied with an intent to discriminate because of race, color, religion, sex, or national origin.

States that the mere existence of a statistical imbalance in an employer's workforce on account of race, color, religion, sex, or national origin is not alone sufficient to establish a prima 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 motivating factor for any employment practice, even though such practice was also motivated by other factors. Allows declaratory and injunctive relief and attorney's fees and costs, but bars damages 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) entered before 30 days after enactment of this Act, by a person who had certain types of notice and opportunity, by a person whose interests were adequately represented by another person who challenged the judgment or order, if reasonable efforts were made to provide notice to interested persons; or (2) entered after 30 days after enactment of this Act, by an employee, former employee, or applicant who had actual notice, or who failed to receive actual notice despite the diligent and best efforts of the parties, or by a person whose interests were adequately represented by another person who challenged the judgment or order.

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, with respect to certain unlawful employment practices, including certain unlawful employment practice cases under the Americans with Disabilities Act of 1990, for compensatory damages (but not back pay) and, where there is malice, reckless, or callous indifference, for punitive damages. Makes compensatory and punitive damages and jury trials available only for claims of intentional discrimination. Permits any party, where compensatory or punitive damages are sought, to demand a jury trial.

Sets forth a limit on the award of punitive damages.

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, except that prejudgment interest may not be awarded on compensatory damages.

Requires Federal civil rights laws to be broadly construed to effect their purpose to provide equal opportunity and effective remedies.

Prohibits the courts and administrative agencies in interpreting Federal civil rights laws from relying on the amendments made by this Act as a basis for limiting the theories of liability, rights, and remedies available under civil rights laws not expressly amended by it.

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.

Declares that the rights protected by this Act are protected against impairment by non-governmental discrimination as well as against impairment under color of State law.

Declares that: (1) the Senate reaffirms its commitment to its rule prohibiting employment discrimination within the Senate on the basis of race, color, religion, sex, national origin, age, or physical handicap; (2) the rights and protections provided 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 to employment by the Senate; (3) the rights and protections under the Americans with Disabilities Act of 1990 apply with respect to the conduct of the Senate regarding matters other than employment; (4) notwithstanding any other provision of law, the Senate has exclusive enforcement and adjudication power; and (5) these provisions are enacted by the Senate as an exercise of the Senate's rulemaking power and may be changed as any other Senate rule.

Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 apply with respect to any employee in an employment position in the House of Representatives and any of its employment authorities; (2) administration shall be handled as set forth in a specified House Resolution; and (3) these provisions are enacted by the House of Representatives as an exercise of its rulemaking power and may be changed as any other House rule.

Declares that the rights and protections under this Act apply with respect to the conduct of 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.

Amends the Age Discrimination in Employment Act of 1967 to increase to two years the time limit within which an age discrimination charge must be filed. Requires the Commission to notify the person aggrieved if such charge is dismissed by the Commission. Allows a civil suit to be brought after the dismissal.

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