An amendment which overturns five 1989 Supreme Court decisions, a function also addressed in the original text of H.R. 1. The amendment in the nature of a substitute also parallels other provisions of H.R. 1, including the clarification of awarding of attorneys' fees in Title VII cases. The amendment also introduces several changes from H.R. 1. Some of those changes deal with the prohibition of using hiring quotas by employers; the prohibition of "race norming" (the adjustment of test scores based on race, sex, religion, or national origin); the placement of a $150,000 cap on punitive damages in Title VII cases, or the amount of compensatory damages; statements which point out that the legislation's provisions, in place of a finding of "manifest injustice", may not be applied retroactively to vacate final court orders; and revisions of the standard of "business necessity" for businesses to justify an employment practice having a discriminatory impact.

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Amendment Number
93
Description
An amendment which overturns five 1989 Supreme Court decisions, a function also addressed in the original text of H.R. 1. The amendment in the nature of a substitute also parallels other provisions of H.R. 1, including the clarification of awarding of attorneys' fees in Title VII cases. The amendment also introduces several changes from H.R. 1. Some of those changes deal with the prohibition of using hiring quotas by employers; the prohibition of "race norming" (the adjustment of test scores based on race, sex, religion, or national origin); the placement of a $150,000 cap on punitive damages in Title VII cases, or the amount of compensatory damages; statements which point out that the legislation's provisions, in place of a finding of "manifest injustice", may not be applied retroactively to vacate final court orders; and revisions of the standard of "business necessity" for businesses to justify an employment practice having a discriminatory impact.
Purpose
Amendment in the nature of a substitute provides a cap on punitive damages in cases of intentional discrimination of $150,000, or the amount of compensatory damages, whichever is greater; provides that victims of unintentional discrimination will receive equitable relief; restores the definition of "business necessity" in defending employment practices to that of the 1971 Griggs decision; places the burden of proof in defending employment practices on the employer; prohibits the use of quotas by employers as an unlawful employment practice; and prohibits the practice of adjusting test scores based on race, sex, religion, or national origin ("race norming").
Congress
102
Type
HAMDT
Latest Action Date
Jun 5, 1991
Latest Action Text
On agreeing to the Brooks amendment (A003) Agreed to by recorded vote: 264 - 166 (Roll no. 130).
Latest Action Time
12:30:38
Submitted Date
Jun 5, 1991
Chamber
House of Representatives
Update Date
Jun 7, 2021
Amendment 93 — Informed