Page:United States Statutes at Large Volume 105 Part 2.djvu/119

 PUBLIC LAW 102-166—NOV. 21, 1991 105 STAT. 1071 Public Law 102-166 102d Congress An Act To amend the Civil Rights Act of 1964 to strengthen and improve Federal civil rights -Q.^ laws, to provide for damages in cases of intentional employment discrimination, to JNov. c, — clarify provisions regarding disparate impact actions, and for other purposes. [S- 1745] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Civil Rights Act of 1991. SECTION 1. SHORT TITLE. 42 USC 1981 This Act may be cited as the "Civil Rights Act of 1991". note. SEC. 2. FINDINGS. .„i 42 USC 1981 The Congress finds that— "°*®- (1) additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace; (2) the decision of the Supreme Court in Wards Cove Packing Co. V. Atonio, 490 U.S. 642 (1989) has weakened the scope and effectiveness of Federal civil rights protections; and (3) legislation is necessary to provide additional protections against unlawful discrimination in employment. SEC. 3. PURPOSES. 42 USC 1981 The purposes of this Act are— (1) to provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace; (2) to codify the concepts of "business necessity" and "job related" enunciated by the Supreme Court in Griggs v. Duke Power Co., 401 U.S. 424 (1971), and in the other Supreme Court decisions prior to Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989); (3) to confirm statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and (4) to respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination. TITLE I—FEDERAL CIVIL RIGHTS REMEDIES SEC. 101. PROHIBITION AGAINST ALL RACIAL DISCRIMINATION IN THE MAKING AND ENFORCEMENT OF CONTRACTS. Section 1977 of the Revised Statutes (42 U.S.C. 1981) is amended— (1) by inserting "(a)" before "All persons within"; and (2) by adding at the end the following new subsections:

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