[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2787 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2787

 To amend title VII of the Civil Rights Act of 1964 to specify certain 
  evidentiary matters relating to establishing an unlawful employment 
                 practice based on disparate treatment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 1993

   Mr. Mann introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To amend title VII of the Civil Rights Act of 1964 to specify certain 
  evidentiary matters relating to establishing an unlawful employment 
                 practice based on disparate treatment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employment Discrimination 
Evidentiary Amendment of 1993''.

SEC. 2. AMENDMENT.

    Section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5) is 
amended by adding at the end the following:
    ``(l)(1) An unlawful employment practice based on disparate 
treatment is established if--
            ``(A) the complaining party proves by a preponderance of 
        the evidence a prima facie case that the respondent engaged in 
        such practice; and
            ``(B) either--
                    ``(i) the respondent fails to produce any evidence 
                to rebut such case; or
                    ``(ii)(I) the respondent articulates, and produces 
                evidence of, one or more legitimate, nondiscriminatory 
                reasons for the conduct alleged to be the unlawful 
                employment practice; and
                    ``(II) the complaining party demonstrates that each 
                of such reasons is not true, but a pretext for 
                discrimination that is the unlawful employment 
                practice.
    ``(2) Paragraph (1) shall not be construed to specify the only mean 
by which an unlawful employment practice based on disparate treatment 
may be established.''.

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