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 L. 102-166), as enacted on November 21, 1991, appears below with the following alterations:

1.  The text of those sections of the CRA that amend the laws enforced by EEOC (i.e., Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990) isn't printed below.  Instead, these alterations are published elsewhere in this publication.

2.  These portions of the CRA which are not enforced by EEOC are referenced, but not reprinted here:

* Section 117 (policy of the U.S. House of Representatives and agencies of the Legislative Branch);

* Portions of Title III (Placing the Office of Senate Fair Employment Practices).

3.   L. 101-628) isn't reprinted here.

4.  Cross-references into the U.S. Code, where applicable, appear in italics following each section heading. 
An Act

To amend the Civil Rights Act of 1964 to strengthen and enhance Federal civil rights legislation, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact activities, and for other purposes.

* * *

FINDINGSSEC. 



(3) the legislation is essential to provide extra protection against unlawful discrimination in employment.

PURPOSESSEC. 

(1) to provide appropriate remedies for intentional discrimination and criminal harassment in the workplace;

(2) to codify the concepts of "business requirement " and"job-related" enunciated by the Supreme Court in Griggs v. DukePower Co., 401 U.S. 424 (1971), and in the other Supreme Court decisions prior to Wards Cove Packing Co. v. Antonio, 490 U.S. 642 (1989);

(4) to respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes to be able to provide adequate protection to victims of discrimination.

(1) by adding "(a)" before "All persons within"; and

"(b) For purposes of this section, the expression 'create and enforce contracts' includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of this contractual relationship.

 "

 102

The Revised Statutes are amended by adding after section 1977(42 U.S.C. 1981) the following new section:

 
 -

 - In an action brought by a complaining party under section 706 or 717 of the Civil Rights Act of 1964 (42 U.S.C.2000e-5) against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful due to its disparate impact) prohibited under section 703, 704, or 717 of the Act (42U.S.C.  2000e-2 or 2000e-3), and provided that the complaining party can't recover under section 1977 of the Revised Statutes (42 U.S.C. 1981), the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to some relief of the Civil Rights Act of 1964, from the respondent.

 - In an action brought by a complaining partyunder the powers, remedies, and procedures set forth in section 706 or 717of the Civil Rights Act of 1964 (as provided in section 107(a) of theAmericans with Disabilities Act of 1990 (42 U.S.C. 12117 (a)), and section505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)),respectively) against a respondent who engaged in unlawful intentionaldiscrimination (not an employment practice that is unlawful due to itsdisparate impact) under section 501 of the Rehabilitation Act of 1973 (29U.S.C.  791) and the regulations implementing section 501, or who violatedthe requirements of section 501 of the Act or the regulations implementingsection 501 regarding the provision of a reasonable accommodation, orsection 102 of the Americans with Disabilities Act of 1990 (42 U.S.C.12112), or committed a violation of section 102(b)(5) of the Act, againstan individual, the complaining party may recover compensatory and punitivedamages as permitted in subsection (b), in addition to any relief authorizedby section 706(g) of the Civil Rights Act of 1964, from the respondent.

"(3) Reasonable Accommodation and Great Faith Effort.  - In cases where a discriminatory practice involves the provision of a reasonable accommodation pursuant to section 102(b)(5) of the Americans with Disabilities Act of 1990 or regulations implementing section 501 of the Rehabilitation Act of 1973, damages may not be awarded under this section at which the covered entity demonstrates good faith efforts, in consultation with the individual with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such person with an equally effective opportunity and wouldn't cause an undue hardship on the operation of the enterprise.

 -

 - Compensatory damages given under this section shall not include backpay, interest on backpay, or some other sort of relief authorized under section 706(g) of the Civil Rights Act of 1964.

 - The amount of the Number of compensatory damages given under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the number of punitive damages awarded under this section, shall not exceed, for each complaining party -

"(A) in the case of a respondent who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or previous calendar year, $50,000;

"(B) in the case of a respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or previous calendar year, $100,000; and

"(C) in the case of a respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks from the current or preceding calendar year, $200,000; and

"(D) in the case of a respondent who has more than 500employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000.

 - Nothing in this section shall be construed to restrict the scope of, or the relief available under, section1977 of the Revised Statutes (42 U.S.C. 1981).

 
 - The expression 'complaining party' means -"(A) in the case of a person seeking to bring an action under subsection (a)(1), the Equal Employment Opportunity Commission, theAttorney General, or a person who may bring an action or proceeding under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or

of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 title I 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C.794a(a)(1)), or a person who may bring an action or proceeding under under section (a)(2), the Equal Employment Opportunity Commission, theAttorney General, someone who may bring an action or proceeding under subsection"(B) in the case of a person seeking to bring an action etseq.) .

 - The expression 'discriminatory practice' means the discrimination described in paragraph (1), or the discrimination or the breach described in paragraph (2), of subsection(a).

 1988) by including a reference to section 102 of the Civil Rights Act of 1991 to the record of civil rights activities where reasonable attorneys fees could be awarded to the prevailing party, aside from the UnitedStates.] SEC. 103

The final paragraph of section 722 of the Revised Statutes (42 U.S.C. 1988)is amended by adding ",1977A" after "1977".

DEFINITIONS SEC.  104

 2000e) by adding the following new subsections: (l)"complaining party," (m) "shows," and (n)"respondent".]

 105

(a[This subsection amends section 703 of the Civil Rights Act of 1964(42 U.S.C. 2000e-2) by adding a new subsection (k), on a load of proof in disparate impact cases.]

  Oct. 25, 1991) will be considered the legislative history of, or relied upon whatsoever legislative background in construing or applying, any provision of the Act that relates to Wards Cove - Business requirement/cumulation/alternative business clinic [42 U.S.C. 1981 note]

 106

 
 107

(a) Generally [This subsection amends section 703 of the Civil RightsAct of 1964 (42 U.S.C. 2000e-2) by adding a new subsection (m), the clarifying the prohibition against consideration of race, color, religion, gender, or national origin in employment practices.]

(b) Enforcement provisions[This subsection amends section 706(g)of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g)) by renumbering existing subsection (g), and adding at the end a new subparagraph (B) to provide a limit on available aid in "mixed motive" cases(where the employer demonstrates it would have made the same choice in the absence of discrimination).]

 108

 2000e-2) by adding a new subsection (n), on the resolution of challenges to employment practices implementing litigated or consent judgments or orders]

 109

(a) Definition of Worker [This subsection amends the definition of"worker " in section 701(f) of the Civil Rights Act of 1964 (42U.S.C.  2000e(f)) and section 101(4) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(4)) by adding a sentence to the end of each definition to include U.S. citizens employed abroad within the legislation 'protections.]

similarly amends section 102 of the Americans with DisabilitiesAct of 1990 (42 U.S.C. 12112) by This subsection of a company incorporated in a foreign state ).  the control with the statute if violative of foreign law) and (c) (on relettering the present subsections and adding a new subsection (c) "Covered Entities in foreign countries. "]oncompliance(b) Exemption[This subsection amends section 702 of the CivilRights Act of 1964 (42 U.S.C. 2000e-1) by adding new subsections (b) (n

 - The amendments made by this section shall not apply with respect to conduct occurring before the date of the enactment of the Act[42 U.S.C. 2000e note]

 110

 - The amendment made by this section shall take effect on the date of enactment of this Act[42 U.S.C. 2000e-4 notice ]

EDUCATION AND OUTREACH SPEC.  111

[This section amends section 705(h) of the Civil Rights Act of 1964 (42U.S.C.  2000e-4(h)) by renumbering the existing subsection and adding at the end a paragraph requiring the EEOC to participate in some educational and outreach activities.]

EXPANSION OF RIGHT TO CHALLENGE DISCRIMINATORYSENIORITY SYSTEMSSEC.  112

[This section amends section 706(e) of the Civil Rights Act of 1964 (42U.S.C.  2000e-5(e)) by renumbering the subsection and adding at the end a paragraph to enlarge the right of claimants to battle discriminatory seniority systems]

AUTHORIZING AWARD OF EXPERT FEESSEC.  113

(a) Revised Statutes.  - Section 722 of the Revised Statutes is amended-

(1) by designating the first and second sentences as subsections (a) and (b), respectively, and indenting accordingly; and

(2) by adding at the end the following new subsection:

"(c) In awarding a lawyer 's fee under subsection (b) in any action or proceeding to enforce a provision of section 1977 or 1977A of the Revised Statutes, the court, in its discretion, may contain expert fees as part of their lawyer 's fee. [42 U.S.C. 1988]

(b) Civil Rights Act of 1964[This section amends section 706(k)of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)) to offer for recovery of expert fees as part of a lawyer 's fees award.]

PROVIDING FOR INTEREST AND EXTENDING THE STATUTE OF LIMITATIONS IN ACTIONS AGAINST THE FEDERAL GOVERNMENTS.  114

[This section amends section 717 of the Civil Rights Act of 1964 (42U.S.C.  2000e-16) by extending the time for federal workers or applicants to file a civil action from 30 to 90 days (from receipt of notice of final action obtained by a department, agency or unit), and permitting federal employees or applicants the exact same interest to compensate for delay in payments as can be obtained in cases involving nonpublic parties.]

NOTICE OF LIMITATIONS PERIOD UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967SEC.  115

[This section amends section 7(e) of the Age Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C. 626(e)) by removing the two-and three-year statute of limitations and making ADEA lawsuit - filing requirements exactly the same as those under Title VII, and requiring the EEOC to provide notice to charging parties upon conclusion of the event.]

LAWFUL, COURT-ORDERED REMEDIES, AFFIRMATIVE ACTION, AND CONCILIATION AGREEMENTS NOT AFFECTEDSEC.  11[42 U.S.C. 1981 note]

Nothing in the amendments made by this title shall be construed to affect court-ordered remedies, affirmative action, or conciliation agreements, that are in accord with the law.

COVERAGE OF HOUSE OF REPRESENTATIVES AND THE AGENCIES OF THE LEGISLATIVE BRANCH SET.  117

(a) Coverage of the House of Representatives[This subsection extends the rights and protections of Title VII of the Civil Rights Act of 1964, as amended, to employees of the U.S. House of Representatives.  Procedures for processing discrimination complaints are handled internally by the house, not from the EEOC.]  [2 U.S.C60l]

(b) Instrumentalities of Congress[This subsection extends the rights and protections of the Civil Rights Act of 1991 and Title VII of the Civil Rights Act of 1964, as amended, to "Instrumentalities ofCongress," that are defined to include: the Architect of the capital, the Congressional Budget Office, the General Accounting Office,the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden.  Each agency is to establish its own own remedies and procedures for enforcement.]

ALTERNATIVE MEANS OF DISPUTE RESOLUTIONSEC.  11[42 U.S.C. 1981 note]

Where appropriate and to the extent authorized by law, the use of alternative way of dispute resolution, such as settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under the Acts or provisions of Federal law amended by this title.

TITLE II - GLASS CEILING

[This title sets a "Glass Ceiling Commission" into focus attention on, and complete a study pertaining to, the presence of artificial barriers to the advancement of women and minorities in the workplace, and to make recommendations for overcoming such obstacles.  The Commission is to be composed of 21 members, with the secretary of Labor serving as the Chairperson of the Commission.  This name doesn't directly impose any duties or duties on the EEOC except to give advice and technical support as requested by the new Commission.]  [42 U.S.C. 2000e note]

TITLE III - GOVERNMENT EMPLOYEE RIGHTS

GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991SEC.  30[2 U.S.C. 1201]

(a) Short title.  - This title may be cited as the "GovernmentEmployee Rights Act of 1991".

(b) Purpose.  - The intention of this name is to provide procedures to protect the right of Senate and other government workers, with respect to their public employment, to be free of discrimination on the basis of race, color, religion, gender, national origin, age, or handicap.

(c) Definitions.  - For purposes of the name:

(1) Senate employee.  - The expression "Senate employee" or"worker " means -

(A) any employee whose pay is disbursed by the Secretary of the Senate;

(B) any employee of the Architect of the Capitol who is assigned to the Senate Restaurants or to the Superintendent of the Senate office buildings;

(C) any applicant for a position that will last 90 days or more and that is to be occupied by an individual described in subparagraph (A) or(B); or

(D) any person who was formerly a worker described in subparagraph (A) or (B) and whose claim of a violation arises from the individual's Senate employment.

(2) Head of using office.  - The expression "head of employing office" means the person who has final authority to appoint, hire, discharge, and set the terms, conditions or privileges of this Senate employment of a worker.

(3) Violation.  - The expression "breach " means a practice that violates section 302 of this title.

DISCRIMINATORY PRACTICES PROHIBITEDSEC.  30[2 U.S.C. 1202]

[Sections 320 and 321 (which protect Presidential appointees and previously exempt state employees who may file complaints of discrimination with EEOC under this title) refer to the rights, protections, and remedies of this section and section 307(h).]

All personnel actions affecting employees of the Senate shall be made free from any discrimination based on -

(1) race, color, religion, gender, or national origin, within the meaning of section 717 of the Civil Rights Act of 1964 (42 U.S.C.2000e-16);

(2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or

(3) handicap or disability, within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102-104 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112-14).

[SECTIONS 303 THROUGH 306: Section 303 (2 U.S.C. 1203) establishes the office of Senate Fair Employment Practices, which will administer the procedures set forth in sections 304 through 307.  Section 304 (2 U.S.C.1204) summarizes the four-step process described in Sections 305 through309 due to alleged violations.  Section 305 (2 U.S.C. 1205)describes the Measure I counseling procedures.  Section 306 (2 U.S.C. 1206)describes the Step II mediation procedure.  Section 307 (2 U.S.C. 1207), explained fully below, sets forth the formal complaint and hearing procedures.]

STEP III: FORMAL COMPLAINT AND HEARINGS.  30[2 U.S.C. 1207]

[SECTION 307, SUBSECTIONS (a) THROUGH (g), AND (I): Subsections (a)through (g), and (I) of Section 307 describe the procedure from the formal complaint throughout the hearing stage.]

[Sections 320 and 321 (which protect Presidential appointees and previously exempt state employees who may file complaints of discrimination with EEOC under this title) refer to the rights, protections, and remedies of section 302 and the subsequent subsection.]

(h) Remedies.  - If the hearing board determines that a violation has occurred, it shall order such remedies as would be appropriate if awarded under section 706 (g) and (k) of the Civil Rights Act of 1964 (42 U.S.C.2000e-5 (g) and (k)), and may also order the award of these compensatory damages as would be appropriate if awarded under section 1977 and section1977A (a) and (b)(2) of the Revised Statutes (42 U.S.C. 1981 and 1981A (a)and (b)(2)).  In the event of a determination that a violation according to age has occurred, the hearing board shall order such remedies as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)).  Any order requiring the payment of money has to be approved by a Senate resolution reported by the committee on Rules and Administration.  The hearing board shall have no authority to award punitive damages.

a complaint could be resolved.  Section 311 (2 U.S.C. 1211) by which Circuit.  Section 310 (2 U.S.C. 1210) describes the processes the Federal for a review by the United States Court of Appeals for may petition under which a Senate employee or Member of the Senate the circumstances Section 307.  Section 309 (two U.S.C. 1209) describes issued under a review from the Select Committee on Ethics of a decision may request by which a Senate employee or head of an employing office the procedures[SECTIONS 308 THROUGH 313: Section 308 (2 U.S.C. 1208) describes enumerate reimburse able expenses of attending hearings.  Section 312 (2 U.S.C. 1212)prohibits intimidation or reprisal against any employee because of the exercise of a right under this title.  Section 313 (2 U.S.C. 1213)summarizes confidentiality requirements for counseling, mediation, hearings, final decisions, and documents.]

EXERCISE OF RULEMAKING POWERTEC.  31[2 U.S.C. 1214]

The provisions of this title, except for sections 309, 320, 321, and322, are enacted by the Senate as an exercise of the rulemaking power of the Senate, with full recognition of the right of the Senate to alter its rules, in precisely the identical fashion, and to the same extent, as in the case of any other principle of the Senate.  Notwithstanding any other provision of law, except as provided in section 309, enforcement and adjudication with respect to the discriminatory practices prohibited by section 302, and arising from Senate employment, shall be in the exclusive jurisdiction of the United States Senate.

TECHNICAL AND CONFORMING AMENDMENTS SEC.  315

[This section makes technical and conforming amendments to section 509of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12209)with respect to Senate employees.]

[SECTIONS 316 THROUGH 319: Section 316 (2 U.S.C. 1215) says that the consideration of political affiliation, domicile, and political compatibility with the employing office in an employment decision shall not be considered a breach of this title.  Section 317 (2 U.S.C. 1216)says that a Senate employee may not commence a judicial proceeding to redress a prohibited discriminatory practice, except as provided in this title.  Sec. 318 (2 U.S.C. 1217) expresses the Senate's opinion that legislation ought to be enacted to supply the exact same or comparable rights and remedies as are provided under this title to Congressional employees lacking such rights and remedies.  Section 319 (2 U.S.C. 1218) reaffirms the Senate's commitment to Rule XLII of the Standing Rules of the Senate.]

COVERAGE OF PRESIDENTIAL APPOINTEES.SEC.  32[2 U.S.C. 1219]

(a) In General.  -

(1) Application.  - The rights, protections, and remedies provided pursuant to section 302 and 307(h) of this title shall apply with respect to the employment of Presidential appointees.

(2) Enforcement by administrative action.  - Any Presidential appointee could file a complaint alleging a violation, not later than 180days after the occurrence of the alleged violation, together with the EqualEmployment Opportunity Commission, or such other entity as is designated by the President by Executive Order, which, according to the principles and processes set forth in sections 554 through 557 of title5, United States Code, shall determine whether a breach has occurred and shall put forth its determination in a final order.  If the EqualEmployment Opportunity Commission, or such other entity as is designated by the President pursuant to this section, determines that a violation has occurred, the final order shall also provide for appropriate relief.

(3) Judicial review.  -

(A) In general.  - Any party aggrieved by a final order under paragraph (2) may request a review by the United States Court ofAppeals for the Federal Circuit.

(B) Law applicable.  - Chapter 158 of title 28, United States Code, shall apply to a review under this section except that the EqualEmployment Opportunity Commission or such other entity as the President may designate under paragraph (2) will be a "bureau " as that term is used in chapter 158 of title 28, United States Code.

(C) Standard of review.  - To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law and interpret constitutional and statutory provisions.  The court shall set aside a final order under paragraph (2) if it is decided that the order was
(I) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with legislation;

(ii) not made consistent with required procedures; or

(iii) unsupported by substantial evidence.

In making the foregoing determinations, the court will review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

(D) Attorney's fees.  - When the presidential appointee is the prevailing party in a proceeding under this section, lawyer 's fees possibly permitted by the court in accordance with the criteria prescribed under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).

(b) Presidential appointee.  - For purposes of this section, the expression "Presidential appointee" means any employee or officer, or an applicant Trying to become an officer or employee, in any unit of the Executive Branch, including the Executive Office of the President, whether appointed by the President or by any other appointing authority in the Executive Branch, who is not already entitled to bring an action under any of the statutes referred to in section 302 but doesn't include any individual -

(1) whose appointment is made by and with the advice and approval of the Senate;

(2) who is appointed to an advisory committee, as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.); or

(3) who is a member of the uniformed services?

COVERAGE OF PREVIOUSLY EXEMPT STATE EMPLOYEESSEC.  32[2 U.S.C. 1220]

respect wrongful termination lawyer and employment of any person chosen or appointed, by a person elected to public office in any State or political subdivision of any State by the qualified voters -to to section 302 and 307(h) of this title shall apply with provided pursuant(a) Application.  - The rights, protections, and remedies

(1) to be a member of the elected official's personal staff;

(2) to serve the elected official on the policymaking level; or

(3) to serve the elected official as a direct adviser with respect to the exercise of the constitutional or legal powers of the office.

(b) Enforcement by administrative action.  -

(1) In general.  - Any person referred to in subsection (a) may file a complaint alleging a violation, not later than 180 days following the occurrence of the alleged violation, together with the Equal Employment OpportunityCommission, which, in accordance with the principles and processes set forth in sections 554 through 557 of title 5, United States Code, shall determine if a breach has occurred and shall set forth its determination at the last order.  If the Equal Employment OpportunityCommission decides that a breach has occurred, the final purchase shall also provide for appropriate relief.

(2) Referral to local and state governments.  -

(A) Application.  - Section 706(d) of the Civil Rights Act of 1964(42 U.S.C. 2000e-5(d)) shall apply with respect to any proceeding under this section.

(B) Definition.  - For purposes of this program described in subparagraph (A), the term "any charge filed by a member of the commission alleging an unlawful employment practice" means a complaint registered under this section.

(c) Judicial review.  - Any party aggrieved by a final order under subsection (b) may obtain a review of such order under chapter 158 of title 28, United States Code.  For the purpose of this review, the EqualEmployment Opportunity Commission shall be an "agency" as that term is used in chapter 158 of title 28, United States Code.

(d) Standard of review.  - To the extent necessary to decision and when presented, the reviewing court shall decide all relevant quest