Backgrounder on the Civil Rights Act of 2008
Congress has enacted bipartisan laws to ensure that federal tax dollars are not used to subsidize discrimination, and that Americans have real remedies when their civil rights are violated. Recent court decisions have weakened these basic protections in ways that Congress never intended. The Civil Rights Act of 2008 will strengthen accountability when civil rights and workers’ rights are violated by:
Ensuring that Federal Funds are not Used to Subsidize Discrimination
- Allowing individuals to seek relief when federal funds subsidize practices that have an unjustified discriminatory effect. Federal laws prohibit discrimination by recipients of federal funds based on race, national origin, disability, age, or gender. In 2001, however, the Supreme Court held that individuals may no longer challenge federally-funded programs that have an unjustified discriminatory effect, unless they also can meet the heavy burden of proving discriminatory intent. Thus, currently, only the federal government can bring such suits. This bill restores the individual right to challenge practices that have an unjustified discriminatory effect based on race, color, national origin, disability, age or gender.
- Protecting students from harassment in schools that receive federal funds. It gives students the same protection from unlawful harassment in our schools as adults have on the job. Currently, schools that receive federal funds cannot be held accountable if a teacher or classmate harasses a child unless the school had actual notice of the abuse and did virtually nothing to correct the problem. This is true even if the school has turned a blind eye to clear signs of harassment.
Holding Employers Accountable for Age Discrimination
- Making state employers fully accountable for age discrimination. Under a recent Supreme Court decision, state employers do not have to provide back pay or other monetary damages when they discriminate against workers based on age in violation of the Age Discrimination in Employment Act. The bill would require state employers to give workers full relief for age discrimination, including backpay.
- Clarifying the standard for challenging employment practices that have a discriminatory effect based on age. It makes clear that the standard of proof in cases alleging an unjustified discriminatory effect based on age is the same as in cases alleging an unjustified discriminatory effect based on race, color, gender, national origin, or religion.
Improving Accountability for Other Violations of Civil Rights and Workers' Rights
- Prohibiting employers from requiring workers to give up the right to enforce employment laws in court in order to get a job or keep a job.
- Providing attorney's fees and expert fees in major civil rights and labor cases.
- Providing full, effective remedies for victims of discrimination based on gender and religion paralleling those available for race and national origin discrimination claims.
- Prohibiting employers from requiring workers to give up the right to enforce employment laws in court in order to get a job or keep a job.
- Providing relief for undocumented workers who are victims of labor and employment law violations.
(Courtesty of Sen. Kennedy's Office)
See also:
Juan Carlos Astudillo's Story
Arcenio Sanango's Story
Fonza Luke's Story
St. Clair Adam's Story
Douglas King's Story
Sherri Warner's Story
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