Page:United States Statutes at Large Volume 105 Part 2.djvu/124

 105 STAT. 1076 PUBLIC LAW 102-166—NOV. 21, 1991 onstrated to be directly attributable only to the pursuit of a claim under section 703(m); and "(ii) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (A).". SEC. 108. FACILITATING PROMPT AND ORDERLY RESOLUTION OF CHAL- , LENGES TO EMPLOYMENT PRACTICES IMPLEMENTING LITI- GATED OR CONSENT JUDGMENTS OR ORDERS. Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) (as amended by sections 105, 106, and 107 of this title) is further amended by adding at the end the following new subsection: "(n)(l)(A) Notwithstanding any other provision of law, and except as provided in paragraph (2), an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the Constitution or Federal civil rights laws may not be challenged under the circumstances described in subparagraph (B). "(B) A practice described in subparagraph (A) may not be challenged in a claim under the Constitution or Federal civil rights laws— "(i) by a person who, prior to the entry of the judgment or order described in subparagraph (A), had— "(I) actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain; and "(II) a reasonable opportunity to present objections to such judgment or order; or "(ii) by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation, unless there has been an intervening change in law or fact. "(2) Nothing in this subsection shall be construed to— "(A) alter the standards for intervention under rule 24 of the Federal Rules of Civil Procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened; "(B) apply to the rights of parties to the action in which a litigated or consent judgment or order was entered, or of members of a class represented or sought to be represented in such action, or of members of a group on whose behalf relief was sought in such action by the Federal Government; "(C) prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud, or is transparently invalid or was entered by a court lacking subject matter jurisdiction; or "(D) authorize or permit the denial to any person of the due process of law required by the Constitution. "(3) Any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph (1) shall be brought in the court, and if possible before the judge, that entered such judgment or order. Nothing in this subsec-

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