3.0.0 3317 2022-02-03T05:54:25Z 2022-02-03T05:54:25Z Senate S S 2012-06-20 112 ssju00 Judiciary Committee Senate Standing Referred to 2012-06-20T16:24:16Z Equal Employment Opportunity Restoration Act of 2012 112 5978 HR 2012-06-28 Referred to the Subcommittee on the Constitution. Identical bill CRS 2012-06-20 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2012-06-20 Sponsor introductory remarks on measure. (CR S4370-4372) IntroReferral B00100 9 Library of Congress 2012-06-20 Introduced in Senate IntroReferral 10000 9 Library of Congress F000457 Sen. Franken, Al [D-MN] Al Franken D MN N L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT 2012-06-20 True M001111 Sen. Murray, Patty [D-WA] Patty Murray D WA 2012-06-20 True H000206 Sen. Harkin, Tom [D-IA] THOMAS HARKIN D IA RICHARD 2012-06-20 True W000802 Sen. Whitehouse, Sheldon [D-RI] Sheldon Whitehouse D RI 2012-06-20 True B001277 Sen. Blumenthal, Richard [D-CT] Richard Blumenthal D CT 2012-06-20 True M000702 Sen. Mikulski, Barbara A. [D-MD] BARBARA MIKULSKI D MD ANN 2012-06-20 True S000033 Sen. Sanders, Bernard [I-VT] Bernard Sanders I VT 2012-06-20 True B000711 Sen. Boxer, Barbara [D-CA] BARBARA BOXER D CA 2012-06-20 True A000069 Sen. Akaka, Daniel K. [D-HI] DANIEL AKAKA D HI KOHIKINA 2012-06-20 True C001088 Sen. Coons, Christopher A. [D-DE] Christopher Coons D DE A. 2012-06-20 True I000025 Sen. Inouye, Daniel K. [D-HI] DANIEL INOUYE D HI KEN 2012-06-20 True K000148 Sen. Kerry, John F. [D-MA] JOHN KERRY D MA FORBES 2012-06-20 True S001181 Sen. Shaheen, Jeanne [D-NH] Jeanne Shaheen D NH 2012-06-20 True B000468 Sen. Bingaman, Jeff [D-NM] JESSE BINGAMAN D NM FRANCIS 2012-06-20 True B000944 Sen. Brown, Sherrod [D-OH] Sherrod Brown D OH 2012-06-20 True G000555 Sen. Gillibrand, Kirsten E. [D-NY] Kirsten Gillibrand D NY E. 2012-06-20 True U000039 Sen. Udall, Tom [D-NM] TOM UDALL D NM 2012-06-20 True D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. 2012-06-20 True W000779 Sen. Wyden, Ron [D-OR] Ron Wyden D OR 2012-06-20 True M001176 Sen. Merkley, Jeff [D-OR] Jeff Merkley D OR 2012-06-20 True C000127 Sen. Cantwell, Maria [D-WA] Maria Cantwell D WA 2012-06-20 True U000038 Sen. Udall, Mark [D-CO] MARK UDALL D CO 2012-06-20 True L000123 Sen. Lautenberg, Frank R. [D-NJ] FRANK LAUTENBERG D NJ R. 2012-06-20 True M000639 Sen. Menendez, Robert [D-NJ] Robert Menendez D NJ 2012-07-09 False Civil Rights and Liberties, Minority Issues Civil actions and liability Disability and health-based discrimination Employment discrimination and employee rights Genetics Judicial procedure and administration Judicial review and appeals Civil Rights and Liberties, Minority Issues 00 2012-06-20 Introduced in Senate 2012-08-14T15:55:21Z

Equal Employment Opportunity Restoration Act of 2012 - Amends the federal judicial code to permit one or more members of a group seeking relief for discriminatory employment practices under specified provisions of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Rehabilitation Act of 1973, equal rights laws under the Revised Statutes, or the Genetic Information Nondiscrimination Act of 2008 to sue on behalf of all members of the group if the representative party shows, by a reasonable inference, that: (1) members of the group are so numerous that their joinder is impracticable; (2) claims of the representative party are typical of the claims of the group the representative party seeks to represent and the representative party and the representative party's counsel will fairly and adequately protect the interests of the group; and (3) members of the group are, or have been, subject to an employment practice that has adversely affected or is adversely affecting a significant portion of the group's members. (Thus establishing a new standard for employees bringing group actions for certain employment discrimination, notwithstanding the Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes, which required "convincing proof of a companywide discriminatory pay and promotion policy" as a prerequisite to class certification.)

Permits a representative party to challenge a subjective employment practice covered by any of the above-referenced employment statutes in a group action filed under this Act to the same extent as the party may challenge any other employment practice covered by such a statute in such an action.

Defines a "subjective employment practice" as: (1) an employer's policy of leaving personnel decisions to the unguided discretion of supervisors, managers, and other employees with authority to make such personnel decisions; or (2) an employment practice combining such a subjective employment practice with other types of personnel decisions.

Prohibits the fact that individual supervisors, managers, or other employees with authority to make personnel decisions may exercise discretion in different ways in applying a subjective employment practice under such a statute from precluding a representative party from filing a corresponding group action.

Allows a representative party to elect to proceed in a group action under this Act or in a class action under the Federal Rules of Civil Procedure.

]]> Equal Employment Opportunity Restoration Act of 2012 Short Titles as Introduced Equal Employment Opportunity Restoration Act of 2012 Display Title Equal Employment Opportunity Restoration Act of 2012 Official Title as Introduced A bill to restore the effective use of group actions for claims arising under title VII of the Civil Rights Act of 1964, title I of the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, section 1977 of the Revised Statutes, and the Genetic Information Nondiscrimination Act of 2008, and for other purposes. Introduced in Senate 2012-06-20T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s3317is/xml/BILLS-112s3317is.xml 2012-06-20 Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.