Civil Rights Act of 1991: Hearings Before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, One Hundred Second Congress, First Session, on H.R. 1 ... February 7, 28, and March 7, 1991U.S. Government Printing Office, 1994 - 335 pages |
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administration adverse events affirmative action applied attorneys believe bill burden business necessity Chairman Civil Rights Act civil rights laws claims clients Committee compensatory and punitive compensatory damages complaints CONGRESS THE LIBRARY CONYERS corporations counsel Daniel Lamp defend disparate impact DUNNE economic EDWARDS EEOC effect employer employment discrimination employment practices Equal Employment Opportunity fact FASMAN federal courts fees filed GILLETTE GLASBERG going Griggs hiring Hispanics HYDE individual injury intentional job performance jury trials KOPETSKI law firm lawsuit lawyers legislation liability LIBRARY OF CONGRESS litigation malpractice ment minorities negligence percent persons plaintiff position prepared statement President problem punitive and compensatory punitive damages question quotas remedies result reverse discrimination Section sexual harassment SHATTUCK standard statute subcommittee supervisor Supreme Court talking testimony Thank thing tion Title VII tort system victims Wards Cove WASHINGTON WELBEL women workforce workplace
Popular passages
Page 318 - Nothing in the Act precludes the use of testing or measuring procedures; obviously they are useful. What Congress has forbidden is giving these devices and mechanisms controlling force unless they are demonstrably a reasonable measure of job performance. Congress has not commanded that the less qualified be preferred over the better qualified simply because of minority origins. Far from disparaging job qualifications as such, Congress has made such qualifications the controlling factor, so that race,...
Page 20 - SEC. 719. CONGRESSIONAL COVERAGE. 17 "Notwithstanding any other provision of this title, the 18 provisions of this title shall apply to the Congress of the 19 United States, and the means for enforcing this title as such 20 applies to each House of Congress shall be as determined by 21 such House of Congress.".
Page 156 - ... bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise...
Page 36 - ... should not be the privilege of wealth. They are the birthright of every American. Civil rights are also crucial to protecting equal opportunity. Every one of us has a responsibility to speak out against racism, bigotry, and hate. We will continue our vigorous enforcement of existing statutes, and I will once again press the Congress to strengthen the laws against employment discrimination without resorting to the use of unfair preferences.
Page 14 - ... (2) No consent order or judgment settling a claim 18 under this title shall be entered, and no stipulation of dismis19 sal of a claim under this title shall be effective, unless the 20 parties or their counsel attest to the court that a waiver of all 21 or substantially all attorney's fees was not compelled as a 22 condition of the settlement. 23 "(3) In any action or proceeding in which any judgment 24 or order granting relief under this title is challenged, the 25 court, in its discretion and...
Page 12 - (3) Any action, not precluded under this subsection, 24 that challenges an employment practice that implements and 25 is within the scope of a litigated or consent judgment or order •HR 1 IH 11 1 of the type referred to in paragraph (1) shall be brought in 2 the court, and if possible before the judge, that entered such 3 judgment or order. Nothing in this subsection shall preclude a 4 transfer of such action pursuant to section 1404 of title 28, 5 United States Code.".
Page 37 - civil rights" in the title of S. 2104, the bill actually employs a maze of highly legalistic language to introduce the destructive force of quotas into our Nation's employment system.
Page 137 - ... that an employment practice has a disparate or screening impact on the employment opportunities of minorities, the employer must justify the practice by proving that the selection practice has a manifest relationship to the employment in question. In Wards Cove Packing Co. v. Atonio. 109 S. Ct. 2115 (1989), the Supreme Court explained that in cases involving subjective employment criteria, that are not susceptible to objective justification under social science standards, an employer can justify...
Page 2 - The Civil Rights Act of 1990,* S.2140/HR4000, 101st Cong. , 2d Sess. (1990) (the 1990 Act). The purpose of the 1990 Act was to 'amend the Civil Rights Act of 1964 to restore and strengthen civil rights laws that ban discrimination in employment . . ." Preamble to the 1990 Act. In Title VII cases Involving Intentional discrimination, Section 8 of the 1990 Act states...
Page 35 - The temptation to support a bill — any bill — simply because its title includes the words "civil rights" is very strong. This impulse is not entirely bad. Presumptions have too often run the other way, and our Nation's history on racial questions cautions against complacency. But when our efforts, however well intentioned, result in quotas, equal opportunity is not advanced but thwarted. The very commitment to justice and equality that is offered as the reason why this bill should be signed requires...