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Titles (2)

Short Titles

Short Titles - Senate

Short Titles as Introduced

Equal Employment Opportunity Restoration Act of 2012

Official Titles

Official Titles - Senate

Official Titles as Introduced

A bill to restore the effective use of group actions for claims arising under title VII of the Civil Rights Act of 1964, title I of the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, section 1977 of the Revised Statutes, and the Genetic Information Nondiscrimination Act of 2008, and for other purposes.


Actions Overview (1)

Date
06/20/2012Introduced in Senate

All Actions (2)

Date
06/20/2012Read twice and referred to the Committee on the Judiciary.
Action By: Senate
06/20/2012Sponsor introductory remarks on measure. (CR S4370-4372)
Action By: Senate

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 Reports
Senate Judiciary06/20/2012 Referred to

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Latest Summary (1)

There is one summary for S.3317. View summaries

Shown Here:
Introduced in Senate (06/20/2012)


Equal Employment Opportunity Restoration Act of 2012 - Amends the federal judicial code to permit one or more members of a group seeking relief for discriminatory employment practices under specified provisions of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Rehabilitation Act of 1973, equal rights laws under the Revised Statutes, or the Genetic Information Nondiscrimination Act of 2008 to sue on behalf of all members of the group if the representative party shows, by a reasonable inference, that: (1) members of the group are so numerous that their joinder is impracticable; (2) claims of the representative party are typical of the claims of the group the representative party seeks to represent and the representative party and the representative party's counsel will fairly and adequately protect the interests of the group; and (3) members of the group are, or have been, subject to an employment practice that has adversely affected or is adversely affecting a significant portion of the group's members. (Thus establishing a new standard for employees bringing group actions for certain employment discrimination, notwithstanding the Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes, which required "convincing proof of a companywide discriminatory pay and promotion policy" as a prerequisite to class certification.)

Permits a representative party to challenge a subjective employment practice covered by any of the above-referenced employment statutes in a group action filed under this Act to the same extent as the party may challenge any other employment practice covered by such a statute in such an action.

Defines a "subjective employment practice" as: (1) an employer's policy of leaving personnel decisions to the unguided discretion of supervisors, managers, and other employees with authority to make such personnel decisions; or (2) an employment practice combining such a subjective employment practice with other types of personnel decisions.

Prohibits the fact that individual supervisors, managers, or other employees with authority to make personnel decisions may exercise discretion in different ways in applying a subjective employment practice under such a statute from precluding a representative party from filing a corresponding group action.

Allows a representative party to elect to proceed in a group action under this Act or in a class action under the Federal Rules of Civil Procedure.