What is the Civil Rights Act of 1991?
The Civil Rights Act of 1991 was a landmark legislation signed into law by President George H.W. Bush on November 21, 1991. The act aimed to address concerns that the judicially-created "mixed-motive" defense, which was established in the 1989 Supreme Court case of Price Waterhouse v. Hopkins, was hindering the ability of victims of employment discrimination to seek justice. Mixed-motive refers to situations where an employer takes action against an employee due to both lawful and unlawful reasons.
Background
Prior to the Civil Rights Act of 1991, the legal landscape surrounding employment discrimination was complex. The Civil Rights Act of 1964 and the Equal Pay Act of 1963 had established a framework for preventing discrimination based on race, color, religion, sex, or national origin in the workplace. However, the courts had interpreted the laws in a way that made it difficult for plaintiffs to prove that discrimination had occurred.
The Price Waterhouse v. Hopkins case highlighted the problem. In this case, the Supreme Court held that an employer could defeat a claim of sex discrimination if they could show that they had acted for a mixed motive, even if discrimination was a contributing factor. This created a burden for plaintiffs to prove that discrimination was the sole motive for the employer’s action.
Key Provisions
The Civil Rights Act of 1991 addressed the issues created by the Price Waterhouse v. Hopkins decision by:
- Repealing the Mixed-Motive Defense: The act removed the mixed-motive defense, making it easier for plaintiffs to prove that discrimination had occurred.
- Creating a Clearer Standard for Discrimination: The act established a but-for test, which held that an employer could not discriminate against an employee if the discriminatory motive was a substantial or motivating factor in the decision.
- Increasing Damages for Intentional Discrimination: The act increased the caps on damages for intentional discrimination, allowing victims to recover more substantial awards.
- Protecting the Right to Sue: The act ensured that employees had the right to sue for damages and equitable relief, making it easier for them to seek justice.
Other Key Provisions
In addition to the key provisions above, the Civil Rights Act of 1991 also:
- Mandated Employer Training: The act required employers with 15 or more employees to provide training on sexual harassment and discrimination.
- Increased Enforcement: The act increased funding for the Equal Employment Opportunity Commission (EEOC) to investigate and enforce employment discrimination claims.
- Prohibited Age Discrimination: The act expanded the protections against age discrimination, making it illegal to discriminate against individuals based on age in hiring, firing, and other employment decisions.
Impact
The Civil Rights Act of 1991 has had a significant impact on employment law and the enforcement of employment discrimination claims. The act has:
- Made it Easier for Victims to Sue: By repealing the mixed-motive defense and creating a clearer standard for discrimination, the act has made it easier for victims of employment discrimination to seek justice.
- Increased Damages for Intentional Discrimination: The act’s increased caps on damages for intentional discrimination have provided more substantial awards for victims.
- Enhanced Employer Accountability: The act’s requirements for employer training and increased enforcement have encouraged employers to take a more proactive approach to preventing discrimination and ensuring a fair and equitable workplace.
Conclusion
The Civil Rights Act of 1991 was a significant milestone in the evolution of employment law in the United States. The act addressed the problems created by the Price Waterhouse v. Hopkins decision and has made it easier for victims of employment discrimination to seek justice. The act’s provisions have had a lasting impact on the enforcement of employment discrimination claims and continue to play a critical role in ensuring that all employees have an equal opportunity to succeed in the workplace.
Table: Key Provisions of the Civil Rights Act of 1991
| Provision | Description |
|---|---|
| Repeal of Mixed-Motive Defense | Removed the mixed-motive defense, making it easier for plaintiffs to prove that discrimination had occurred |
| But-For Test | Established a but-for test, holding that an employer could not discriminate against an employee if the discriminatory motive was a substantial or motivating factor |
| Increased Damages for Intentional Discrimination | Increased caps on damages for intentional discrimination |
| Protected Right to Sue | Ensured that employees had the right to sue for damages and equitable relief |
| Mandated Employer Training | Required employers with 15 or more employees to provide training on sexual harassment and discrimination |
| Increased Enforcement | Increased funding for the EEOC to investigate and enforce employment discrimination claims |
| Prohibited Age Discrimination | Expanded protections against age discrimination, making it illegal to discriminate against individuals based on age |
Bullets List: Impact of the Civil Rights Act of 1991
• Made it easier for victims to sue
• Increased damages for intentional discrimination
• Enhanced employer accountability
• Increased funding for the EEOC to investigate and enforce employment discrimination claims
• Provided more substantial awards for victims of employment discrimination
