Civil Rights Act of 1991

Civil Rights Act of 1991
U.S. Government · Public domain · source
Shorttitle	Civil Rights Act of 1991
Longtitle	An Act to amend the Civil Rights Act of 1964 to strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact actions, and for other purposes.
Enacted by	102nd
Effective date	November 21, 1991
Public law url	https://www.govinfo.gov/link/plaw/102/public/166
Cite public law	102-166
Cite statutes at large	105 Stat. 1071
Acts amended	Civil Rights Act of 1964
Title amended	42
Introducedin	House
Introducedbill	H.R. 1
Introducedby	Jack Brooks (D–TX)
Introduceddate	January 3, 1991
Committees	House Judiciary
Passedbody1	House
Passeddate1	June 5, 1991
Passedvote1	273–158
Passedbody2	Senate
Passeddate2	October 30, 1991
Passedvote2	93–5
Agreedbody3	House
Agreeddate3	November 7, 1991
Agreedvote3	381–38
Agreedbody4	Senate
Agreeddate4	November 7, 1991
Agreedvote4	Voice vote
Signedpresident	George H. W. Bush
Signeddate	November 21, 1991

Contents

Background and legislative history
Provisions and key amendments
Impact on employment discrimination law
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Civil Rights Act of 1991 The Civil Rights Act of 1991 is a significant piece of United States federal law that amended and strengthened key provisions of the landmark Civil Rights Act of 1964. Enacted to overturn several Supreme Court decisions from the late 1980s that had narrowed the scope and effectiveness of federal employment discrimination protections, the Act expanded the remedies available to victims of intentional discrimination. It represents a pivotal legislative response to judicial retrenchment and a reaffirmation of congressional commitment to equal opportunity in the workplace.

Background and legislative history

The impetus for the Civil Rights Act of 1991 stemmed directly from a series of Supreme Court rulings during the tenure of Chief Justice William Rehnquist that significantly weakened existing civil rights statutes. Key cases included Wards Cove Packing Co. v. Atonio (1989), which made it more difficult for plaintiffs to prove disparate impact discrimination, and Price Waterhouse v. Hopkins (1989), which limited the standard for proving that discrimination was a motivating factor in an employment decision. Other decisions, such as Patterson v. McLean Credit Union (1989), restricted the application of post-Civil War Reconstruction-era statutes in modern employment contexts. These rulings sparked intense criticism from civil rights organizations, including the NAACP Legal Defense Fund and the Leadership Conference on Civil and Human Rights, and led to calls for a legislative correction. President George H. W. Bush had initially vetoed a similar bill, the Civil Rights Act of 1990, citing concerns over employment quotas, but after protracted negotiations involving figures like Senator Edward Kennedy and Congressman Jack Brooks, a compromise version was passed with bipartisan support in the 102nd United States Congress.

Provisions and key amendments

The Act introduced several crucial modifications to Title VII of the Civil Rights Act of 1964 and other antidiscrimination laws. Its most prominent provision allowed for the recovery of compensatory and punitive damages in cases of intentional employment discrimination based on race, religion, sex, disability, and national origin, where previously only back pay and equitable relief were available. It statutorily codified the disparate impact theory of discrimination, effectively overturning Wards Cove, and clarified the burden of proof in such cases. The Act also expanded the right to a jury trial when damages are sought. Furthermore, it extended the coverage of Section 1981 of the Civil Rights Act of 1866 to all phases of employment, not just hiring, nullifying the Patterson decision. Additional provisions addressed "mixed-motive" cases, stating that an employer is liable if discrimination was a motivating factor, even if other factors also contributed to the decision.

Impact on employment discrimination law

The Act fundamentally altered the legal landscape for employment discrimination by providing powerful new tools for plaintiffs. The availability of damages and jury trials made litigation a more potent and financially viable option for victims of harassment and other forms of intentional bias, particularly in cases involving sexual harassment or racial discrimination. This change is widely seen as having increased the willingness of employees to file suits and the incentive for employers to implement stronger EEO policies and training programs to avoid liability. The law's clarification of disparate impact theory preserved the ability to challenge employment practices—such as well-Employment testing, or the United States Act of 1964 The Act of uths, such as a|employment testing|Employment law in the United States|employment testing|employment testing|employment testing|United States|United States|employment testing|United States of 1991 The Civil Rights Act of 1991 The Civil Rights Act of 1991 1991, 1991 1991|employment law in the United States|Employment Opportunity|employment testing|employment discrimination law and key amendments|United States of the United States|employment law|Employment discrimination law|Employment discrimination law in the United States|employment testing|United States|Title VII of 1991 1991. The Act of 1991 The Civil Rights Act of the United States|title of 1991 The Civil Rights Movement|employment law in the United States|employment law|employment law and Human Rights Act of the United States|Employment Opportunity|United States|employment law in the United States|employment law in the United States|Employment Opportunity|employment law in the United States|employment law in the United States|United States|employment law and Human Rights Act of 1991

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