S 3209 ISCommentsClose CommentsPermalink

To amend title VII of the Civil Rights Act of 1964 to clarify the filing period applicable to charges of discrimination, and for other purposes.CommentsClose CommentsPermalink

June 26, 2008CommentsClose CommentsPermalink

Mrs. HUTCHISON (for herself, Mr. ENZI, Mr. STEVENS, Mr. VOINOVICH, Ms. MURKOWSKI, Mrs. DOLE, and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

To amend title VII of the Civil Rights Act of 1964 to clarify the filing period applicable to charges of discrimination, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Title VII Fairness Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) Filing limitations periods serve important functions. They ensure that all claims are promptly raised and investigated, and, when remediation is warranted, that the violations involved are promptly remediated.CommentsClose CommentsPermalink





(2) Limitations periods are particularly important in employment situations, where unresolved grievances have a singularly corrosive and disruptive effect.CommentsClose CommentsPermalink





(3) Limitations periods are also particularly important for a statutory process that favors the voluntary resolution of claims through mediation and conciliation. Promptly raised issues are invariably more susceptible to such forms of voluntary resolution.CommentsClose CommentsPermalink





(4) In instances in which that voluntary resolution is not possible, a limitations period ensures that claims will be adjudicated on the basis of evidence that is available, reliable, and from a date that is proximate in time to the adjudication.CommentsClose CommentsPermalink





(5) Limitations periods, however, should not be construed to foreclose the filing of a claim by a reasonable person who exercises due diligence regarding the person’s rights but who did not have, and should not have been expected to have, a reasonable suspicion that the person was the object of unlawful discrimination. Such a person should be afforded the full applicable limitation period to commence a claim from the time the person has, or should be expected to have, a reasonable suspicion of discrimination.CommentsClose CommentsPermalink

SEC. 3. FILING PERIOD FOR CHARGES ALLEGING UNLAWFUL EMPLOYMENT PRACTICES.

Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(e)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(3)(A) This paragraph shall apply to a charge if--CommentsClose CommentsPermalink





‘(i) the charge alleges an unlawful employment practice involving discrimination in violation of this title; andCommentsClose CommentsPermalink





‘(ii) the person aggrieved demonstrates that the person did not have, and should not have been expected to have, enough information to support a reasonable suspicion of such discrimination, on the date on which the alleged unlawful employment practice occurred.CommentsClose CommentsPermalink





‘(B) In the case of such a charge, the applicable 180-day or 300-day filing period described in paragraph (1) shall commence on the date when the person aggrieved has, or should be expected to have, enough information to support a reasonable suspicion of such discrimination.CommentsClose CommentsPermalink





‘(C) Nothing in this paragraph shall be construed to change or modify the provisions of subsection (g)(1).CommentsClose CommentsPermalink





‘(D) Nothing in this paragraph shall be construed to apply to a charge alleging an unlawful employment practice relating to the provision of a pension or a pension benefit.’.CommentsClose CommentsPermalink

SEC. 4. FILING PERIOD FOR CHARGES ALLEGING UNLAWFUL PRACTICES BASED ON AGE.

Section 7(d) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(d)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;CommentsClose CommentsPermalink





(2) by striking ‘(d)’ and inserting ‘(d)(1)’;CommentsClose CommentsPermalink





(3) in the third sentence, by striking ‘Upon’ and inserting the following:CommentsClose CommentsPermalink





‘(2) Upon’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(3)(A) This paragraph shall apply to a charge if--CommentsClose CommentsPermalink





‘(i) the charge alleges an unlawful practice involving discrimination in violation of this Act; andCommentsClose CommentsPermalink





‘(ii) the person aggrieved demonstrates that the person did not have, and should not have been expected to have, enough information to support a reasonable suspicion of such discrimination, on the date on which the alleged unlawful practice occurred.CommentsClose CommentsPermalink





‘(B) In the case of such a charge, the applicable 180-day or 300-day filing period described in paragraph (1) shall commence on the date when the person aggrieved has, or should be expected to have, enough information to support a reasonable suspicion of such discrimination.CommentsClose CommentsPermalink





‘(C) Nothing in this paragraph shall be construed to change or modify any remedial provision of this Act.CommentsClose CommentsPermalink





‘(D) Nothing in this paragraph shall be construed to apply to a charge alleging an unlawful practice relating to the provision of a pension or a pension benefit.’.CommentsClose CommentsPermalink

SEC. 5. APPLICATION TO OTHER LAWS.

(a) Americans With Disabilities Act of 1990- Section 706(e)(3) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(e)(3)) shall apply (in the same manner as such section applies to a charge described in subparagraph (A)(i) of such section) to claims of discrimination brought under title I and section 503 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203), pursuant to section 107(a) of such Act (42 U.S.C. 12117(a)), which adopts the powers, remedies, and procedures set forth in section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5).CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) CIVIL RIGHTS ACT OF 1964- Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(f)(1) Subject to paragraph (2), section 706(e)(3) shall apply (in the same manner as such section applies to a charge described in subparagraph (A)(i) of such section) to complaints of discrimination under this section.CommentsClose CommentsPermalink





‘(2) For purposes of applying section 706(e)(3) to a complaint under this section, a reference in section 706(e)(3)(B) to a filing period shall be considered to be a reference to the applicable filing period under this section.’.CommentsClose CommentsPermalink





(2) AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967-CommentsClose CommentsPermalink





(A) IN GENERAL- Section 15(f) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(f)) is amended by striking ‘of section’ and inserting ‘of sections 7(d)(3) and’.CommentsClose CommentsPermalink





(B) APPLICATION- For purposes of applying section 7(d)(3) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(d)(3)) to a complaint under section 15 of that Act (29 U.S.C. 633a), a reference in section 7(d)(3)(B) of that Act to a filing period shall be considered to be a reference to the applicable filing period under section 15 of that Act.CommentsClose CommentsPermalink