S 2088 · 108th Congress 2003–2005, ended

Fairness and Individual Rights Necessary to Ensure a Stronger Society: Civil Rights Act of 2004

Latest action · Feb 12, 2004 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S1297-1308)

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 12, 2004
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Fairness and Individual Rights Necessary to Ensure a Stronger Society: Civil Rights Act of 2004 - Amends the Civil Rights Act of 1964, the Education Amendments of 1972, and the Age Discrimination Act of 1975 to set forth requirements for: (1) establishing discrimination based on disparate impact; and (2) rights of action and recovery for unlawful discrimination (intentional or based on disparate impact) and harassment.

Amends the Uniformed Services Employment and Reemployment Rights Act of 1994, the Age Discrimination in Employment Act of 1967, and the Fair Labor Standards Act of 1938 (FLSA) to provide that a State's receipt or use of Federal financial assistance for a State program or activity shall constitute a waiver of sovereign immunity to a suit under such Acts by a program employee.

Amends the Air Carrier Access Act of 1986 to authorize civil actions in Federal court for discrimination based on disability.

Settlement Encouragement and Fairness Act - Modifies the definition of "prevailing party" for purposes of provisions governing the recovery of attorney's fees to include a party whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought.

Preservation of Civil Rights Protections Act of 2004 - Makes arbitration clauses in employment contracts unenforceable, with exceptions. Authorizes recovery of expert fees by prevailing parties in civil rights actions.

Equal Remedies Act of 2004 - Repeals provisions limiting the amount of compensatory and punitive damages that may be awarded in cases of intentional discrimination in employment.

Paycheck Fairness in Employment - Amends FLSA to revise provisions governing discrimination in the payment of wages, including equal pay requirements. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace.

Amends the Immigration and Nationality Act to prohibit denying back-pay or other monetary relief for unlawful employment practices against undocumented immigrant workers.

Cosponsors 26

Members who signed on, in the order they did. Signatures ran from Feb 12, 2004 to Jun 25, 2004; 18 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MDBarbara A. MikulskiOriginalFeb 12, 2004
D-NYCharles E. SchumerOriginalFeb 12, 2004
D-CTChristopher J. DoddOriginalFeb 12, 2004
D-NJFrank R. LautenbergOriginalFeb 12, 2004
D-NVHarry ReidOriginalFeb 12, 2004
D-NYHillary Rodham ClintonOriginalFeb 12, 2004
D-NCJohn EdwardsOriginalFeb 12, 2004
D-MAJohn F. KerryOriginalFeb 12, 2004
D-NJJon S. CorzineOriginalFeb 12, 2004
D-WAMaria CantwellOriginalFeb 12, 2004
D-LAMary L. LandrieuOriginalFeb 12, 2004
D-VTPatrick J. LeahyOriginalFeb 12, 2004
D-WAPatty MurrayOriginalFeb 12, 2004
D-MDPaul S. SarbanesOriginalFeb 12, 2004
D-ILRichard J. DurbinOriginalFeb 12, 2004

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateHealth, Education, Labor, and Pensions Committee
Referred Feb 13, 2004

Actions 3

Everything that happened, newest first.

  1. Feb 12, 2004Introduced in Senate
  2. Feb 12, 2004Sponsor introductory remarks on measure. (CR S1296-1297)
  3. Feb 12, 2004Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S1297-1308)

In the Congressional Record 1

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S1296, S1308Text printed S1297–S1308Edward M. Kennedy D-MA (text), Tom Harkin D-IAFeb 12, 2004

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
S. Hrg. 108-280TRANSPORTATION AND AIR QUALITY: CMAQ AND CONFORMITY PROGRAMS143 pagesEnvironment and Public Works CommitteeMar 13, 2003

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 3809Fairness and Individual Rights Necessary to Ensure a Stronger Society: Civil Rights Act of 2004Identical billMar 11, 2004

Titles 9

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to restore, reaffirm, and reconcile legal rights and remedies under civil rights statutes.
Short Titles as Introduced
Fairness and Individual Rights Necessary to Ensure a Stronger Society: Civil Rights Act of 2004
Short Titles as Introduced for portions of this bill
Paycheck Fairness Act
Equal Remedies Act of 2004
Preservation of Civil Rights Protections Act of 2004
Older Workers' Rights Restoration Act of 2004
Settlement Encouragement and Fairness Act
Workers' Minimum Wage and Overtime Rights Restoration Act of 2004
Popular Titles
Civil Rights Act of 2004

Subjects

Assigned by the Library of Congress. Policy area: Civil Rights and Liberties, Minority Issues.

Text 1

Each version as it was printed, newest first.

  1. Feb 12, 2004Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.