Text: S.2104 — 101st Congress (1989-1990)All Information (Except Text)

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--S.2104--
S.2104
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To amend the Civil Rights Act of 1964 to restore and strengthen civil rights
laws that
ban discrimination in employment, and for other purposes.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
SECTION 1. SHORT TITLE.
 This Act may be cited as the `Civil Rights Act of 1990'.
SEC. 2. FINDINGS AND PURPOSES.
 (a) FINDINGS- Congress finds that--
 (1) in a series of recent decisions addressing employment discrimination
 claims under Federal law, the Supreme Court cut back dramatically on the
 scope and effectiveness of civil rights protections; and
 (2) existing protections and remedies under Federal law are not adequate to
 deter unlawful discrimination or to compensate victims of such discrimination.
 (b) PURPOSES- The purposes of this Act are to--
 (1) respond to the Supreme Court's recent decisions by restoring the civil
 rights protections that were dramatically limited by those decisions; and
 (2) strengthen existing protections and remedies available under Federal civil
 rights laws to provide more effective deterrence and adequate compensation
 for victims of discrimination.
SEC. 3. DEFINITIONS.
 Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e) is amended
 by adding at the end thereof the following new subsections:
 `(l) The term `complaining party' means the Commission, the Attorney General,
 or a person who may bring an action or proceeding under this title.
 `(m) The term `demonstrates' means meets the burdens of production and
 persuasion.
 `(n) The term `group of employment practices' means a combination of
 employment practices that produces one or more decisions with respect to
 employment, employment referral, or admission to a labor organization,
 apprenticeship or other training or retraining program.
 `(o)(1) The term `required by business necessity' means--
 `(A) in the case of employment practices involving selection such as tests,
 recruitment, evaluations, or requirements of education, experience, knowledge,
 skill, ability or physical characteristics, or practices primarily related
 to a measure of job performance, the practice or group of practices must
 bear a significant relationship to successful performance of the job; or
 `(B) in the case of other employment decisions, not involving employment
 selection practices as covered by subparagraph (A) (such as, but not
 limited to, a plant closing or bankruptcy), or that involve rules relating
 to methadone, alcohol or tobacco use, the practice or group of practices
 must bear a significant relationship to a manifest business objective of
 the employer.
 `(2) In deciding whether the standards described in paragraph (1) for
 business necessity have been met, unsubstantiated opinion and hearsay are
 not sufficient; demonstrable evidence is required. The court may receive
 such evidence as statistical reports, validation studies, expert testimony,
 performance evaluations, written records or notes related to the practice
 or decision, testimony of individuals with knowledge of the practice or
 decision involved, other evidence relevant to the employment decision,
 prior successful experience and other evidence as permitted by the Federal
 Rules of Evidence, and the court shall give such weight, if any, to such
 evidence as is appropriate.
 `(3) This subsection is meant to codify the meaning of `business necessity'
 as used in Griggs v. Duke Power Co. (401 U.S. 424 (1971)) and to overrule
 the treatment of business necessity as a defense in Wards Cove Packing
 Co. v. Atonio (109 S. Ct. 2115 (1989)).
 `(p) The term `respondent' means an employer, employment agency, labor
 organization, joint labor-management committee controlling apprenticeship
 or other training or retraining programs, including on-the-job training
 programs, or those Federal entities subject to the provisions of section 717
 (or the heads thereof).'.
SEC. 4. RESTORING THE BURDEN OF PROOF IN DISPARATE IMPACT CASES.
 Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended
 by adding at the end thereof the following new subsection:
 `(k) PROOF OF UNLAWFUL EMPLOYMENT PRACTICES IN DISPARATE IMPACT CASES- (1)
 An unlawful employment practice based on disparate impact is established
 under this section when--
 `(A) a complaining party demonstrates that an employment practice 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 is
 required by business necessity; or
 `(B) a complaining party demonstrates that 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 group
 of employment practices is required by business necessity, except that--
 `(i) except as provided in clause (iii), if a complaining party demonstrates
 that a group of employment practices results in a disparate impact, such
 party shall not be required to demonstrate which specific practice or
 practices within the group results in such disparate impact;
 `(ii) if the respondent demonstrates that a specific employment practice
 within such group of employment practices is not responsible in whole or
 in significant part for the disparate impact, the respondent shall not
 be required to demonstrate that such practice is required by business
 necessity; and
 `(iii) the complaining party shall be required to demonstrate which specific
 practice or practices are responsible for the disparate impact in all cases
 unless the court finds after discovery (I) that the respondent has destroyed,
 concealed or refused to produce existing records that are necessary to make
 this showing, or (II) that the respondent failed to keep such records;
 and except where the court makes such a finding, the respondent shall
 be required to demonstrate business necessity only as to those specific
 practices demonstrated by the complaining party to have been responsible
 in whole or in significant part for the disparate impact;
except that an employment practice or group of employment practices
demonstrated to be required by business necessity shall be unlawful where
a complaining party demonstrates that a different employment practice or
group of employment practices with less disparate impact would serve the
respondent as well.
 `(2) A demonstration that an employment practice is required by business
 necessity may be used as a defense only against a claim under this subsection.
 `(3) Notwithstanding any other provision of this title, a rule barring the
 employment of an individual who currently and knowingly uses or possesses
 an illegal drug as defined in schedules I and II of section 102(6) of
 the Controlled Substances Act (21 U.S.C. 802(6)), other than the use or
 possession of a drug taken under the supervision of a licensed health care
 professional, or any other use or possession authorized by the Controlled
 Substances Act or any other provision of Federal law, shall be considered an
 unlawful employment practice under this title only if such rule is adopted
 or applied with an intent to discriminate because of race, color, religion,
 sex, or national origin.
 `(4) 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.
 `(5) Nothing in this subsection is intended to overrule existing cases
 involving comparable worth.'.
SEC. 5. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE CONSIDERATION OF RACE,
COLOR, RELIGION, SEX, OR NATIONAL ORIGIN IN EMPLOYMENT PRACTICES.
 (a) IN GENERAL- Section 703 of the Civil Rights Act of 1964 (42
 U.S.C. 2000e-2) (as amended by section 4) is further amended by adding at
 the end thereof the following new subsection:
 `(l) DISCRIMINATORY PRACTICE NEED NOT BE SOLE MOTIVATING FACTOR- Except
 as otherwise provided in this title, an unlawful employment practice
 is established when the complaining party demonstrates that race, color,
 religion, sex, or national origin was a motivating factor for any employment
 practice, even though other factors also motivated such practice.'.
 (b) ENFORCEMENT PROVISIONS- Section 706(g) of such Act (42 U.S.C. 2000e-5(g))
 is amended by inserting before the period in the last sentence the following:
 `or, in a case where a violation is established under section 703(l), if
 the respondent demonstrates that it would have taken the same action in
 the absence of any discrimination. On a claim where a violation is proven
 under section 703(l) and the respondent demonstrates that it would have
 taken the same action in the absence of any discrimination, the court may
 grant declaratory relief, injunctive relief, attorney's fees and costs,
 and it shall not award damages'.
SEC. 6. FACILITATING PROMPT AND ORDERLY RESOLUTION OF CHALLENGES TO EMPLOYMENT
PRACTICES IMPLEMENTING LITIGATED OR CONSENT JUDGMENTS OR ORDERS.
 Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) (as amended
 by sections 4 and 5) is further amended by adding at the end thereof the
 following new subsection:
 `(m) FINALITY OF LITIGATED OR CONSENT JUDGMENTS OR ORDERS- (1) Notwithstanding
 any other provision of law, and except as provided in paragraph (3), in
 the case of orders or judgments entered before the date that occurs 30 days
 after the date of enactment of the Civil Rights Act of 1990, an employment
 practice that implements and is within the scope of a litigated or consent
 judgment or order resolving a claim of employment discrimination under the
 United States Constitution or Federal civil rights laws may not be challenged
 in a claim under the United States Constitution or Federal civil rights laws--
 `(A) by a person who, prior to the entry of such judgment or order, had--
 `(i) actual notice from any source of the proposed judgment or order
 sufficient to apprise such person that such judgment or order might affect
 the interests of such person and that an opportunity was available to
 present objections to such judgment or order; and
 `(ii) a reasonable opportunity to present objections to such judgment
 or order;
 `(B) by a person with respect to whom the requirements of subparagraph
 (A) are not satisfied, if the court determines that the interests of such
 person were adequately represented by another person who challenged such
 judgment or order prior to or after the entry of such judgment or order; or
 `(C) if the court that entered the judgment or order determines that
 reasonable efforts were made to provide notice to interested persons.
A determination under subparagraph (C) shall be made prior to the entry of
the judgment or order, except that if the judgment or order was entered
prior to the date of the enactment of this subsection, the determination
may be made at any reasonable time.
 `(2) Notwithstanding any other provision of law, and except as provided in
 paragraph (3), in the case of orders or judgments entered on or after the
 date that occurs 30 days after the date of enactment of the Civil Rights
 Act of 1990, an employment practice that implements and is within the scope
 of a litigated or consent judgment or order resolving a claim of employment
 discrimination under the United States Constitution or Federal civil rights
 laws may not be challenged in a claim under the United States Constitution
 or Federal civil rights laws--
 `(A) by a person who during the period of notice was an employee, former
 employee, or applicant who, prior to the entry of such judgment or order,
 had actual notice of the proposed judgment or order in sufficient detail
 to apprise such person--
 `(i) that such judgment or order may adversely affect the interests and
 legal rights of such person;
 `(ii) of any numerical relief in the proposed judgment or order on the basis
 of race, color, religion, sex, or national origin for any job, position,
 or other employment opportunity;
 `(iii) that an opportunity is available to present objections to such
 judgment or order by a future date certain; and
 `(iv) that such person will likely be barred from challenging the proposed
 judgment or order after such date;
 `(B) by a person who during the period of notice was an employee, former
 employee, or applicant who, prior to the entry of such judgment or order,
 failed to receive actual notice of the proposed judgment or order meeting
 the requirements of subparagraph (A), despite the diligent and best efforts
 of the parties to provide individual notice; or
 `(C) by a person who during the period of notice was not an employee, former
 employee, or applicant, whose interests were adequately and competently
 represented by a similarly  situated person who had previously challenged
 the judgment or order on the same legal grounds and with a similar factual
 situation, unless there has been an intervening change in law or fact.
 `(3) Nothing in this subsection shall be construed to--
 `(A) alter the standards for intervention under rule 24 of the Federal Rules
 of Civil Procedure or apply to the rights of parties who have successfully
 intervened pursuant to such rule in the proceeding in which they intervened;
 `(B) apply to the rights of parties to the action in which the litigated or
 consent judgment or order was entered, or of members of a class represented
 or sought to be represented in such action, or of members of a group on
 whose behalf relief was sought in such action by the Federal Government;
 `(C) prevent challenges to a litigated or consent judgment or order on the
 ground that such judgment or order was obtained through collusion or fraud,
 or is transparently invalid or was entered by a court lacking subject matter
 jurisdiction; or
 `(D) authorize or permit the denial to any person of the due process of
 law required by the United States Constitution.
 `(4) Any action, not precluded under this subsection, that challenges an
 employment practice that implements and is within the scope of a litigated
 or consent judgment or order of the type referred to in paragraph (1) shall
 be brought in the court, and if possible before the judge, that entered such
 judgment or order. Nothing in this subsection shall preclude a transfer of
 such action pursuant to section 1404 of title 28, United States Code.'.
SEC. 7. STATUTE OF LIMITATIONS; APPLICATION TO CHALLENGES TO SENIORITY SYSTEMS.
 (a) STATUTE OF LIMITATIONS- Section 706(e) of the Civil Rights Act of 1964
 (42 U.S.C. 2000e-5(e)) is amended--
 (1) by striking out `one hundred and eighty days' and inserting in lieu
 thereof `2 years';
 (2) by inserting after `occurred' the first time it appears `or has been
 applied to affect adversely the person aggrieved, whichever is later,';
 (3) by striking out `, except that in' and inserting in lieu thereof
 `. In'; and
 (4) by striking out `such charge shall be filed' and all that follows through
 `whichever is earlier, and'.
 (b) APPLICATION TO CHALLENGES TO SENIORITY SYSTEMS- Section 703(h) of such
 Act (42 U.S.C. 2000e-2) is amended by inserting after the first sentence the
 following new sentence: `Where a seniority system or seniority practice is
 part of a collective bargaining agreement and such system or practice was
 included in such agreement with the intent to discriminate on the basis
 of race, color, religion, sex, or national origin, the application of
 such system or practice during the period that such collective bargaining
 agreement is in effect shall be an unlawful employment practice.'.
SEC. 8. PROVIDING FOR DAMAGES IN CASES OF INTENTIONAL DISCRIMINATION.
 (a)  DAMAGES- Section 706(g) of the Civil Rights Act of 1964 (42
 U.S.C. 2000e-5(g)) is amended by inserting before the last sentence the
 following new sentences: `With respect to an unlawful employment practice
 (other than an unlawful employment practice established in accordance with
 section 703(k)) or in the case of an unlawful employment practice under the
 Americans With Disabilities Act of 1990 (other than an unlawful employment
 practice established in accordance with paragraph (3)(A) or paragraph (6)
 of section 102 of that Act as it relates to standards and criteria that
 tend to screen out individuals with disabilities)--
 `(A) compensatory damages may be awarded; and
 `(B) if the respondent (other than a government, government agency, or a
 political subdivision) engaged in the unlawful employment practice with
 malice, or with reckless or callous indifference to the federally protected
 rights of others, punitive damages may be awarded against such respondent;
in addition to the relief authorized by the preceding sentences of this
subsection, except that compensatory damages shall not include backpay or
any interest thereon. Compensatory and punitive damages and jury trials
shall be available only for claims of intentional discrimination. If
compensatory or punitive damages are sought with respect to a claim of
intentional discrimination arising under this title, any party may demand
a trial by jury.'.
 (b) LIMITATION ON PUNITIVE DAMAGES- Section 706(g) of the Civil Rights Act
 of 1964 (42 U.S.C. 2000e-5(g)) is amended--
 (1) by inserting `(1)' after `(g)'; and
 (2) by adding at the end the following:
 `(2) The amount of punitive damages that may be awarded under paragraph
 (1)(B) to an individual against a respondent shall not exceed--
 `(A) $150,000; or
 `(B) an amount equal to the sum of compensatory damages awarded under
 paragraph (1)(A) and equitable monetary relief awarded under paragraph (1);
whichever is greater.'.
SEC. 9. CLARIFYING ATTORNEY'S FEES PROVISION.
 Section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k))
 is amended--
 (1) by inserting `(1)' after `(k)';
 (2) by inserting `(including expert fees and other litigation expenses)
 and' after `attorney's fee,';
 (3) by striking out `as part of the'; and
 (4) by adding at the end thereof the following new paragraphs:
 `(2) No consent order or judgment settling a claim under this title shall be
 entered, and no stipulation of dismissal of a claim under this title shall
 be effective, unless the parties or their counsel attest to the court that
 a waiver of all or substantially all attorney's fees was not compelled as
 a condition of the settlement.
 `(3) In any action or proceeding in which any judgment or order granting
 relief under this title is challenged, the court, in its discretion and in
 order to promote fairness, may allow the prevailing party in the original
 action (other than the Commission or the United States) to recover from
 either an unsuccessful party challenging such relief or a party against
 whom relief was granted in the original action or from more than one such
 party under an equitable allocation determined by the court, a reasonable
 attorney's fee (including expert fees and other litigation expenses) and
 costs reasonably incurred in defending (as a party, intervenor or otherwise)
 such judgment or order. In determining whether to allow recovery of fees
 from the party challenging the initial judgment or order, the court should
 consider not only whether such challenge was unsuccessful, but also whether
 the award of fees against the challenging party promotes fairness, taking
 into consideration such factors as the reasonableness of the challenging
 party's legal and factual position and whether other special circumstances
 make an award unjust.'.
SEC. 10. PROVIDING FOR INTEREST, AND EXTENDING THE STATUTE OF LIMITATIONS,
IN ACTIONS AGAINST THE FEDERAL GOVERNMENT.
 Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended--
 (1) in subsection (c), by striking out `thirty days' and inserting in lieu
 thereof `ninety days'; and
 (2) in subsection (d), by inserting before the period `, and the same
 interest to compensate for delay in payment shall be available as in cases
 involving nonpublic parties, except that prejudgment interest may not be
 awarded on compensatory damages'.
SEC. 11. CONSTRUCTION.
 Title XI of the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.) is
 amended by adding at the end thereof the following new section:
`SEC. 1107. RULES OF CONSTRUCTION FOR CIVIL RIGHTS LAWS.
 `(a) EFFECTUATION OF PURPOSE- All Federal laws protecting the civil rights
 of persons shall be interpreted consistent with the intent of such laws,
 and shall be broadly construed to effectuate the purpose of such laws to
 provide equal opportunity and provide effective remedies.
 `(b) NONLIMITATION- Except as expressly provided, no Federal law protecting
 the civil rights of persons shall be construed to repeal or amend by
 implication any other Federal law protecting such civil rights.
 `(c) INTERPRETATION- In interpreting Federal civil rights laws, including
 laws protecting against discrimination on the basis of race, color, religion,
 sex, national origin, age, and disability, courts and administrative agencies
 shall not rely on the amendments made by the Civil Rights Act of 1990 as a
 basis for limiting the theories of liability, rights, and remedies available
 under civil rights laws not expressly amended by such Act.'.
SEC. 12. RESTORING PROHIBITION AGAINST ALL RACIAL DISCRIMINATION IN THE
MAKING AND ENFORCEMENT OF CONTRACTS.
 Section 1977 of the Revised Statutes of the United States (42 U.S.C. 1981)
 is amended--
 (1) by inserting `(a)' before `All persons within'; and
 (2) by adding at the end thereof the following new subsections:
 `(b) For purposes of this section, the right to `make and enforce contracts'
 shall include the making, performance, modification and termination
 of contracts, and the enjoyment of all benefits, privileges, terms and
 conditions of the contractual relationship.
 `(c) The rights protected by this section are protected against impairment
 by nongovernmental discrimination as well as against impairment under color
 of State law.'.
SEC. 13. LAWFUL COURT-ORDERED REMEDIES, AFFIRMATIVE ACTION AND CONCILIATION
AGREEMENTS NOT AFFECTED.
 Nothing in the amendments made by this Act shall be construed to require
 or encourage an employer to adopt hiring or promotion quotas on the basis
 of race, color, religion, sex, or national origin: Provided, however, That
 nothing in the amendments made by this Act shall be construed to affect
 court-ordered remedies, affirmative action, or conciliation agreements that
 are otherwise in accordance with the law.
SEC. 14. SEVERABILITY.
 If any provision of this Act, or an amendment made by this Act, or the
 application of such provision to any person or circumstances is held to
 be invalid, the remainder of this Act and the amendments made by this Act,
 and the application of such provision to other persons and circumstances,
 shall not be affected thereby.
SEC. 15. APPLICATION OF AMENDMENTS AND TRANSITION RULES.
 (a) APPLICATION OF AMENDMENTS- The amendments made by--
 (1) section 4 shall apply to all proceedings pending on or commenced after
 June 5, 1989;
 (2) section 5 shall apply to all proceedings pending on or commenced after
 May 1, 1989;
 (3) section 6 shall apply to all proceedings pending on or commenced after
 June 12, 1989;
 (4) sections 7(a)(1), 7(a)(3) and 7(a)(4), 7(b), 8, 9, 10, and 11 shall apply
 to all proceedings pending on or commenced after the date of enactment of
 this Act;
 (5) section 7(a)(2) shall apply to all proceedings pending on or after June
 12, 1989; and
 (6) section 12 shall apply to all proceedings pending on or commenced after
 June 15, 1989.
 (b) TRANSITION RULES-
 (1) IN GENERAL- Any orders entered by a court between the effective dates
 described in subsection (a) and the date of enactment of this Act that are
 inconsistent with the amendments made by sections 4, 5, 7(a)(2), or 12,
 shall be vacated if, not later than 1 year after such date of enactment,
 a request for such relief is made.
 (2) SECTION 6- Any orders entered between June 12, 1989 and the date of
 enactment of this Act, that permit a challenge to an employment practice that
 implements a litigated or consent judgment or order and that is inconsistent
 with the amendment made by section 6, shall be vacated if, not later than 6
 months after the date of enactment of this Act, a request for such relief is
 made. For the 1-year period beginning on the date of enactment of this Act,
 an individual whose challenge to an employment practice that implements a
 litigated or consent judgment or order is denied under the amendment made
 by section 6, or whose order or relief obtained under such challenge is
 vacated under such section, shall have the same right of intervention in
 the case in which the challenged litigated or consent judgment or order
 was entered as that individual had on June 12, 1989.
 (3) FINAL JUDGMENTS- Pursuant to paragraphs (1) and (2), any final judgment
 entered prior to the date of the enactment of this Act as to which the
 rights of any of the parties thereto have become fixed and vested, where
 the time for seeking further judicial review of such judgment has otherwise
 expired pursuant to title 28 of the United States Code, the Federal Rules
 of Civil Procedure, and the Federal Rules of Appellate Procedure, shall be
 vacated in whole or in part if justice requires pursuant to rule 60(b)(6)
 of the Federal Rules of Civil Procedure or other appropriate authority,
 and consistent with the constitutional requirements of due process of law.
 (c) PERIOD OF LIMITATIONS- The period of limitations for the filing of a
 claim or charge shall be tolled from the applicable effective date described
 in subsection (a) until the date of enactment of this Act, on a showing that
 the claim or charge was not filed because of a rule or decision altered by
 the amendments made by section 4, 5, 7(a)(2), or 12.
SEC. 16. COVERAGE OF CONGRESS AND THE AGENCIES OF THE LEGISLATIVE BRANCH.
 (a)  COVERAGE OF THE SENATE-
 (1) COMMITMENT TO RULE XLII- The Senate reaffirms its commitment to Rule
 XLII of the Standing Rules of the Senate which provides as follows:
 `No member, officer, or employee of the Senate shall, with respect to
 employment by the Senate or any office thereof--
 `(a) fail or refuse to hire an individual;
 `(b) discharge an individual; or
 `(c) otherwise discriminate against an individual with respect to promotion,
 compensation, or terms, conditions, or privileges of employment;
on the basis of such individual's race, color, religion, sex, national origin,
age, or state of physical handicap.'.
 (2) APPLICATION TO SENATE EMPLOYMENT- The rights and protections provided
 pursuant to 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 United States Senate.
 (3) INVESTIGATION AND ADJUDICATION OF CLAIMS- All claims raised by any
 individual with respect to Senate employment, pursuant to the Acts referred
 to in paragraph (2), shall be investigated and adjudicated by the Select
 Committee on Ethics, pursuant to S. Res. 338, 88th Congress, as amended,
 or such other entity as the Senate may designate.
 (4) RIGHTS OF EMPLOYEES- The Committee on Rules and Administration shall
 ensure that Senate employees are informed of their rights under the Acts
 referred to in paragraph (2).
 (5) APPLICABLE REMEDIES- When assigning remedies to individuals found to
 have a valid claim under the Acts referred to in paragraph (2), the Select
 Committee on Ethics, or such other entity as the Senate may designate,
 should to the extent practicable apply the same remedies applicable to
 all other employees covered by the Acts referred to in paragraph (2). Such
 remedies shall apply exclusively.
 (6) MATTERS OTHER THAN EMPLOYMENT-
 (A) IN GENERAL- The rights and protections under the Americans with
 Disabilities Act of 1990 shall, subject to subparagraph (B), apply with
 respect to the conduct of the Senate regarding matters other than employment.
 (B) REMEDIES- The Architect of the Capitol shall establish remedies and
 procedures to be utilized with respect to the rights and protections
 provided pursuant to subparagraph (A). Such remedies and procedures shall
 apply exclusively, after approval in accordance with subparagraph (C).
 (C) PROPOSED REMEDIES AND PROCEDURES- For purposes of subparagraph (B),
 the Architect of the Capitol shall submit proposed remedies and procedures
 to the Senate Committee on Rules and Administration. The remedies and
 procedures shall be effective upon the approval of the Committee on Rules
 and Administration.
 (7) EXERCISE OF RULEMAKING POWER- Notwithstanding any other provision of
 law, enforcement and adjudication of the rights and protections referred
 to in paragraphs (2) and (6)(A) shall be within the exclusive jurisdiction
 of the United States Senate. The provisions of paragraphs (1), (3), (4),
 (5), (6)(B), and (6)(C) are enacted by the Senate as an exercise of the
 rule-making power of the Senate, with full recognition of the right of the
 Senate to change its rules, in the same manner, and to the same extent,
 as in the case of any other rule of the Senate.
 (b) COVERAGE OF THE HOUSE OF REPRESENTATIVES-
 (1) IN GENERAL- Notwithstanding any provision of title VII of the Civil
 Rights Act of 1964 (42 U.S.C. 2000e et seq.) or of other law, the purposes
 of such title shall, subject to paragraph (2), apply in their entirety to
 the House of Representatives.
 (2) EMPLOYMENT IN THE HOUSE-
 (A) APPLICATION- The rights and protections under title VII of the Civil
 Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall, subject to subparagraph
 (B), apply with respect to any employee in an employment position in
 the House of Representatives and any employing authority of the House of
 Representatives.
 (B) ADMINISTRATION-
 (i) IN GENERAL- In the administration of this paragraph, the remedies and
 procedures made applicable pursuant to the resolution described in clause
 (ii) shall apply exclusively.
 (ii) RESOLUTION- The resolution referred to in clause (i) is House Resolution
 15 of the One Hundred First Congress, as agreed to January 3, 1989, or
 any other provision that continues in effect the provisions of, or is a
 successor to, the Fair Employment Practices Resolution (House Resolution
 558 of the One Hundredth Congress, as agreed to October 4, 1988).
 (C) EXERCISE OF RULEMAKING POWER- The provisions of subparagraph (B) are
 enacted by the House of Representatives as an exercise of the rulemaking
 power of the House of Representatives, with full recognition of the right
 of the House to change its rules, in the same manner, and to the same extent
 as in the case of any other rule of the House.
 (c) INSTRUMENTALITIES OF CONGRESS-
 (1) IN GENERAL- The rights and protections under this Act and title VII of
 the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall, subject to
 paragraph (2), apply with respect to the conduct of each instrumentality
 of the Congress.
 (2) ESTABLISHMENT OF REMEDIES AND PROCEDURES BY INSTRUMENTALITIES- The chief
 official of each instrumentality of the Congress shall establish remedies
 and procedures to be utilized with respect to the rights and protections
 provided pursuant to paragraph (1). Such remedies and procedures shall
 apply exclusively.
 (3) REPORT TO CONGRESS- The chief official of each instrumentality of the
 Congress shall, after establishing remedies and procedures for purposes
 of paragraph (2), submit to the Congress a report describing the remedies
 and procedures.
 (4) DEFINITION OF INSTRUMENTALITIES- For purposes of this section,
 instrumentalities of the Congress include the following: the Architect of
 the Capitol, the Congressional Budget Office, the General Accounting Office,
 the Government Printing Office, the Office of Technology Assessment, and
 the United States Botanic Garden.
 (5) CONSTRUCTION- Nothing in this section shall alter the enforcement
 procedures for individuals protected under section 717 of title VII of the
 Civil Rights Act of 1964 (42 U.S.C. 2000e-16).
SEC. 17. OTHER STATUTE OF LIMITATIONS; NOTICE OF LIMITATIONS PERIOD.
 (a) CHARGE FILING LIMITATION PERIOD- Section 7(d) of the Age Discrimination
 in Employment Act of 1967 (29 U.S.C. 626(d)) is amended--
 (1)  in paragraph (1)--
 (A) by striking out `180 days' and inserting in lieu thereof `2 years'; and
 (B) by inserting `or has been applied to affect adversely the person
 aggrieved, whichever is later' after `occurred'; and
 (2) in paragraph (2), by striking out `within 300 days' and all that follows
 through `whichever is earlier' and inserting in lieu thereof `a copy of
 such charge shall be filed by the Commission with the State agency'.
 (b) NOTICE OF LIMITATIONS PERIOD FOR FILING SUIT- Section 7(e) of such Act
 (29 U.S.C. 626(e)) is amended--
 (1) by striking out paragraph (2);
 (2) by striking out the paragraph designation in paragraph (1);
 (3) by striking out `Sections 6 and' and inserting `Section'; and
 (4) by adding at the end thereof the following: `If a charge filed with
 the Commission is dismissed or the Commission's proceedings are otherwise
 terminated by the Commission, the Commission shall so notify the individual
 referred to in subsection (d) and such individual may bring an action
 against the respondent named in the charge at any time after 60 days from
 the time the charge was timely filed until the expiration of 90 days after
 the receipt of the notice provided under this subsection.'.
SEC. 18. ALTERNATIVE MEANS OF DISPUTE RESOLUTION.
 Where appropriate and to the extent authorized by law, the use of alternative
 means of dispute resolution, including settlement negotiations, conciliation,
 facilitation, mediation, factfinding, mini-trials, and arbitration, is
 encouraged to resolve disputes arising under the Acts amended by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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