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Essay / Research Paper Abstract
A 7 page research paper/essay that discusses the Civil Rights Act of 1991, which amended the Civil Rights Act of 1964, in order to provide damages in regards to employment discrimination cases and to make it clear how provisions of the 1964 Civil Rights Act pertain to “’disparate impact’ actions. The writer discusses how its provisions affect the workplace. Bibliography lists 6 sources.
Page Count:
7 pages (~225 words per page)
File: D0_khcra91.rtf
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Unformatted sample text from the term paper:
clear how provisions of the 1964 Civil Rights Act pertain to "disparate impact actions."1 This legal phrase gives the provisions of the law a broader scope as they pertain not
only to acts of overt discrimination, but also to practices that seem fair in form but result in discriminatory practices. After months of debate over the issues associated with the
topic of civil rights, President George H.W. Bush (father of the current president) signed the act into law on November 21, 1991. The following examination of the Civil Rights
Act of 1991 focuses specifically on how its provisions affect the workplace. Background The passage of the 1991 Civil Rights Act was largely in response to the rulings of
the Rehnquist-led Supreme Court to diminish the scope of federally imposed civil rights protections.2 For example, in the case of Wards Cove Packing Company v. Atonio (1989), the Court ruled
that, if plaintiffs were successful in meeting the burden of proof of discrimination, employers could justify their actions is they could show that a discriminatory practice as a "business necessity."3
The Civil Rights Act of 1991 essentially reversed this Supreme Court decision due to the fact that its provisions eliminated the loophole provided by the defense of business necessity against
charges of intentional discrimination.4 Furthermore, the 1991 Act broadened the language of the 1866 Civil Rights Act and extended the protection of the law to employee claims of post-hiring racial
harassment. Additionally, while the Supreme Court, in cases such as Martin v. Wilks (1989) provided greater leeway to those who wished to challenge affirmative action policies, the 1991 Act restricted
opportunities for instigating such litigation.5 As this indicates, the purpose of the 1991 law was largely intended as a reaction to the efforts of the Supreme Court to limit civil
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