A substitute amendment, similar to the provisions of H.R. 4000, as reported by the Committee on Education and Labor. The amendment provides for unlimited punative damages for intentional job discrimination, and removes language contained in the bill specifically prohibiting the use of quotas and "race norming" of employment tests results. The amendment would also define particular hiring practices as a " business necessity" only if those practices are demonstrated to have a clear and substantial relationship to the effective performance of the job, whereas the bill defines such practices as necessary if they bear a significant relationship to the successful performance of the job. Further, the amendment amends existing law banning racial discrimination to also ban sex discrimination in private contracts.

Ask AI
Amendment Number
91
Description
A substitute amendment, similar to the provisions of H.R. 4000, as reported by the Committee on Education and Labor. The amendment provides for unlimited punative damages for intentional job discrimination, and removes language contained in the bill specifically prohibiting the use of quotas and "race norming" of employment tests results. The amendment would also define particular hiring practices as a " business necessity" only if those practices are demonstrated to have a clear and substantial relationship to the effective performance of the job, whereas the bill defines such practices as necessary if they bear a significant relationship to the successful performance of the job. Further, the amendment amends existing law banning racial discrimination to also ban sex discrimination in private contracts.
Purpose
Amendment in the nature of a substitute sought to provide unlimited compensatory and punative damages for intentional job discrimination based on sex, religion, or disability; set a difference in the definition of " business necessity" as a defense against disparate impact practices; exclude provisions in the bill establishing a Glass Ceiling Commission, and a Labor Department program regarding pay equity technical assistance; exclude language regarding hiring or promotion quotas; and amend exisiting law banning sex discrimination in all aspects of private contracts.
Congress
102
Type
HAMDT
Latest Action Date
Jun 4, 1991
Latest Action Text
On agreeing to the Towns amendment (A001) Failed by recorded vote: 152 - 277 (Roll no. 127).
Latest Action Time
19:47:26
Submitted Date
Jun 4, 1991
Chamber
House of Representatives
Update Date
Jun 7, 2021
Amendment 91 — Informed