Civil Rights Act of 2004: Section by Section
Sec. 1. Short Title.
This section provides that the bill may be cited as "Fairness and Individual Rights Necessary to Ensure a Stronger Society: the Civil Rights Act of 2004."
Sec. 2. Table of Contents.
This section lists the bill's contents.
TITLE I - NON-DISCRIMINATION IN FEDERALLY FUNDED PROGRAMS AND ACTIVITIES
SUBTITLE A - PRIVATE RIGHTS OF ACTION AND THE DISPARATE IMPACT STANDARD OF
PROOF
Sec. 101. Findings.
This section sets forth findings that the effectiveness of Title VI of the Civil Rights Act of 1964 ("Title VI"), Title IX of the Education Amendments of 1972 ("Title IX"), and the Age Discrimination Act of 1975 depends on the right of private enforcement, including the private right to enforce protections against practices having an unjustified discriminatory effect based on age, race, sex, national origin, or color.
Sec. 102. Prohibited Discrimination.
This section amends Title VI, Title IX, and the Age Discrimination Act of 1975 to prohibit practices having an unjustified discriminatory effect. This section also prohibits retaliation against individuals who oppose practices prohibited by the act, or participate in an investigation or other proceeding under the act. This section is modeled on the disparate impact and anti-retaliation provisions of Title VII of the Civil Rights Act of 1964 ("Title VII").
Sec. 103. Rights of Action.
This section amends Title VI, Title IX, and the Age Discrimination Act of 1975 to allow suits in state and federal courts by persons who suffer discrimination by recipients of federal funds.
Sec. 104. Right of Recovery.
This section amends Title VI, Title IX, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973 by providing that:
- in suits for intentional discrimination, private plaintiffs may recover equitable and legal relief including compensatory and punitive damages, as well as costs and attorney's fees including expert fees, except that punitive damages may not be recovered from a government entity; and
- in suits under the disparate impact standard of proof, private plaintiffs may recover equitable relief, costs, and attorney's fees, including expert fees.
- suits under the statute may be brought either in court or before the relevant federal department or agency, and
- a showing that a challenged practice or decision resulted from reasonable factors other than age is a defense under the statute, but not an exception to the statute's coverage.
This section provides that, beginning on the date this bill is enacted, state and federal governments may not raise the defense of sovereign immunity in suits under Title VI, Title IX, or the Age Discrimination Act of 1975.
Sec. 106. Construction.
This section provides that this title does not limit Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, or any other law. It also provides that this title does not limit the scope of the class of defendants subject to liability under Title VI, Title IX, or the Age Discrimination Act of 1975.
Sec. 107. Effective Date.
This section provides that Title I applies to all actions pending on or after April 24, 2001, except disparate impact suits against state entities. In a disparate impact suit against a state, Title I will take effect on the date it is enacted.
SUBTITLE B - HARASSMENT
Sec. 111. Findings.
This section explains that legislative action is necessary to restore the full range of remedies for harassment based on race, color, sex, national origin, age, or disability in federally funded programs and activities following the decision in Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998).
Sec. 112. Right of Recovery.
This section provides that victims of unlawful harassment may obtain equitable and legal relief (including compensatory damages and punitive damages from non-governmental employees) under Title VI, Title IX, and the Rehabilitation Act.
Sec. 113. Construction.
This section provides that Title I of the act may not be interpreted to limit Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, or any other law. It also provides that this title does not limit the scope of the class of defendants subject to liability under Title VI, Title IX, or the Age Discrimination Act of 1975.
Sec. 114. Effective Date.
This section provides that subtitle B applies to all actions pending on or after June 22, 1998, the date of the Gebser decision, except actions against a state. With respect to actions against a state, this title will take effect on the date it is enacted.
TITLE II - UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 AMENDMENT
Sec. 201. Amendment to the Uniformed Services Employment and Reemployment Rights Act of 1994.
This title amends the Uniformed Services Employment and Reemployment Rights Act ("USERRA") to give state workers in programs or activities receiving federal funds the same employment rights that federal and private sector employees enjoy under USERRA.
TITLE III - AIR CARRIER ACCESS ACT OF 1986 AMENDMENT
Sec. 301. Findings.
This section confirms Congress' intent to provide a private right of action for victims of disability denied access to air carriers in violation of the Air Carrier Access Act and explains that the availability of full equitable and legal relief is necessary to effectuate the purposes of that statute.
Sec. 302. Civil Action.
This section provides that a victim of discrimination may bring an action in federal court to enforce the provisions of the Air Carrier Access Act and regulations implementing that statute. In such an action, the court may award compensatory and punitive damages, costs, and reasonable attorney's and expert fees.
TITLE IV - AGE DISCRIMINATION IN EMPLOYMENT ACT AMENDMENTS
Sec. 401. Short title.
This section designates this title as the "Older Workers' Rights Restoration Act of 2004."
Sec. 402. Findings.
This section recognizes that age discrimination is a serious problem nationally and among state employers, which negatively affects its victims, the labor force, and the economy. This section also clarifies Congress' intent to permit disparate impact suits under the Age Discrimination in Employment Act ("ADEA").
Sec. 403. Purposes.
The purposes of this title are to provide state workers the same rights under the ADEA as other employees (including the right to enforce the ADEA in federal court), to reaffirm that state officials may be sued under the ADEA in their official capacities, and to reaffirm the availability of the disparate impact standard of proof under the ADEA.
Sec. 404. Remedies for State Employees.
This section provides that a state's use or receipt of federal financial assistance waives its sovereign immunity to suit under the ADEA and that state officials may be sued under the ADEA in their official capacities.
Sec. 405. Disparate Impact Claims.
This section amends the ADEA to prohibit polices and practices that have an unjustified discriminatory effect on persons 40 years of age or older.
Sec. 406. Effective Date.
This section provides that Title IV of this act will take effect on the date it is enacted.
TITLE V - CIVIL RIGHTS REMEDIES AND RELIEF
Subtitle A - Prevailing Party
Sec. 501. Short Title.
This section designates Title V as the "Settlement Encouragement and Fairness Act."
Sec. 502. Definition of Prevailing Party.
For purposes of statutes that allow the prevailing party in a lawsuit to recover attorney's fees (including the Civil Rights Act of 1964, the Fair Housing Amendments Act of 1988, and the Americans with Disabilities Act of 1990), this section clarifies that the definition of "prevailing party" includes a party whose lawsuit causes the opposing party to voluntarily provide all or part of the relief requested in the suit, even if the case does not result in a court decision.
Subtitle B - ARBITRATION
Sec. 511. Short Title.
This section designates this subtitle as the "Preservation of Civil Rights Protections Act of 2004."
Sec. 512. Amendment to Federal Arbitration Act.
This section amends the Federal Arbitration Act to exclude employment contracts.
Sec. 513. Unenforceability of Arbitration Clauses in Employment Contracts.
This section prohibits mandatory arbitration clauses in employment contracts that force workers to give up the right to sue in court. This section permits arbitration clauses, however, if the worker and employer knowingly and voluntarily agree to arbitration after a dispute has arisen between them.
Sec. 514. Application of Amendments.
This section provides that Subtitle B (the Preservation of Civil Rights Protections Act of 2004) and section 512 of this bill will apply to employment contracts in force before, on, or after the date of enactment of this bill.
Subtitle C - EXPERT WITNESS FEES
Sec. 521. Purpose.
This section provides that the purpose of Subtitle C is to allow prevailing parties to recover expert fees under civil rights laws that already permit prevailing parties to recover attorney's fees.
Sec. 522. Findings.
This section sets forth the findings of Congress in enacting this section and notes that expert witnesses play an important role in civil rights cases.
Sec. 523. Effective Provisions.
This section restores Congress' intent that prevailing parties may recover expert witness fees under the major civil rights and employment laws, including the Civil Rights Act of 1964, the Age Discrimination Act, the Fair Labor Standards Act of 1938, the Voting Rights Act of 1965, the Fair Housing Act, and the Age Discrimination in Employment Act of 1975.
Subtitle D - EQUAL REMEDIES ACT OF 2004
Sec. 531. Short Title.
This section designates subtitle D as the "Equal Remedies Act of 2003."
Sec. 532. Equalization of Remedies.
This section eliminates the limitations on damages in employment discrimination cases under Title VII. These limitations unfairly affect sex discrimination claims because employment discrimination claims based on race and national origin may be brought under 42 U.S.C. § 1981, which does not limit damages.
TITLE VI - PROHIBITIONS AGAINST SEX DISCRIMINATION
Sec. 601. Short Title.
This section designates Title VI as the "Paycheck Fairness Act."
Sec. 602. Findings.
This section sets forth findings that working women earn significantly less than men for work requiring equal skill, effort, and responsibility performed under similar conditions.
Sec. 603. Enhanced Enforcement of Equal Pay Requirements.
This section amends the Equal Pay Act to: require that differences in pay between men and women be based on a bona fide factor other than sex; prohibit retaliation against persons who provide or seek information under the Equal Pay Act, or participate in proceedings under that law; allow victims of wage discrimination to recover compensatory and punitive damages from employers other than the United States, and to recover expert fees; and clarify that Equal Pay Act cases may be brought as class actions.
Sec. 604. Training.
This section provides that, subject to the availability of funds under section 609 of this act, the Equal Employment Opportunity Commission ("EEOC") and Office of Federal Contract Compliance PPrograms will train EEOC employees and affected persons and entities regarding wage discrimination.
Sec. 605. Research, Education, and Outreach.
This section directs the Secretary of Labor to study ways to eliminate pay differences between men and women, and to provide employers, unions, and the public with information on this subject.
Sec. 606. Technical Assistance and Employer Recognition Program.
This section directs the Secretary of Labor to develop and publish guidelines to help employers voluntarily examine potential pay differences between men and women. This section also provides that the Secretary of Labor will give technical assistance to employers in evaluating possible gender differences in pay and formally recognize employers that voluntarily correct such pay differences.
Sec. 607. Establishment of the National Award for Pay Equity in the Workplace.
This section establishes the Secretary of Labor's Award for Pay Equity in the Workplace to recognize businesses that make substantial efforts to eliminate pay differences between men and women.
Sec. 608. Collection of Pay Information by the Equal Employment Opportunity Commission.
This section directs the EEOC to examine available data regarding differences in pay and to determine whether enhanced data collection is needed to enforce federal pay discrimination laws.
Sec. 609. Authorization of Appropriations.
This section provides for appropriation of funds to carry out Title VI of this Act.
TITLE VII - PROTECTIONS FOR WORKERS
Subtitle A - PROTECTION FOR UNDOCUMENTED WORKERS
Sec. 701. Findings.
This section sets forth Congressional findings and notes that the inability of undocumented workers to receive back pay for violations of the National Labor Relations Act undermines enforcement of that statute.
Sec. 702. Continued Application of Back Pay Remedies.
This section amends Section 274A(h) of the Immigration and Nationality Act to allow undocumented workers to receive back pay if they are the victims of unlawful employment practices.
Subtitle B - FAIR LABOR STANDARDS ACT AMENDMENTS
Sec. 711. Short Title.
This section designates this subtitle as the "Workers' Minimum Wage and Overtime Rights Restoration Act of 2004."
Sec. 712. Findings.
This section sets forth Congressional findings that wage and overtime violations in employment remain a serious problem nationally and among states and other recipients of federal funds and that such violations negatively affect their victims, the labor force, and the general welfare and economy.
Sec. 713. Purposes.
The purposes of this subtitle are to give state workers in programs or activities receiving federal funds the same rights under the Fair Labor Standards Act as other workers.
Sec. 714. Remedies for State Employees.
This section provides that a state's receipt of federal financial assistance waives that state's immunity from suits under the Fair Labor Standards Act.
February 11, 2004
