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Civil Rights Act of 1991

1991

Pub. L. 102–166; codified in scattered sections of 2 U.S.C., 29 U.S.C., and 42 U.S.C.

πŸ“Œ Link to the Text of the Act

Read the statute (Public Law 102–166)

πŸ“Œ Why It Was Done

The Act was passed to strengthen and expand federal civil rights laws, particularly in response to Supreme Court decisions that had narrowed protections against employment discrimination under Title VII of the 1964 Civil Rights Act.

πŸ“Œ Pre-existing Law or Constitutional Rights

The Civil Rights Act of 1964 and Voting Rights Act of 1965 established foundational protections. However, Supreme Court rulings in the 1980s (e.g., *Wards Cove Packing Co. v. Atonio*, 1989) limited plaintiffs’ ability to prove discrimination, prompting congressional action.

πŸ“Œ Overreach or Proper Role?

Supporters argue it was necessary to restore and expand protections for workers facing discrimination. Critics claimed it tilted too far toward employees, increasing litigation and costs for employers.

πŸ“Œ Who or What It Controls

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    Employers (expanded liability for intentional discrimination and harassment)
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    Employees and job applicants (gained expanded remedies and rights)
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    Courts (directed to apply broader interpretations of discrimination laws)

πŸ“Œ Key Sections / Citations

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    Expanded Title VII remedies to include compensatory and punitive damages
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    Allowed jury trials in intentional discrimination cases
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    Clarified burden of proof standards in disparate impact claims
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    Extended protections to U.S. employees working abroad for American companies

πŸ“Œ Recent Changes or Live Controversies

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    Continues to be central in workplace discrimination and harassment lawsuits
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    Key in shaping modern sexual harassment law and retaliation claims
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    Intersects with ongoing debates over LGBTQ+ protections, pregnancy discrimination, and religious accommodations

πŸ“Œ Official Sources