[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 254 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 254

  To amend title VII of the Civil Rights Act of 1964 with respect to 
    establishing an unlawful employment practice based on disparate 
                               treatment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

   Mr. Hastings of Florida introduced the following bill; which was 
    referred to the Committee on Economic Educational Opportunities

_______________________________________________________________________

                                 A BILL


 
  To amend title VII of the Civil Rights Act of 1964 with respect 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 ``Disparate Treatment Employment 
Discrimination Amendment of 1995''.

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, by a preponderance of the 
        evidence, proves a prima facie case that the respondent engaged 
        in conduct that constitutes unlawful disparate treatment based 
        on race, color, religion, sex, or national origin; and
            ``(B) either--
                    ``(i) the respondent fails to produce any evidence 
                to rebut such case; or
                    ``(ii)(I) the respondent clearly articulates, and 
                produces evidence of, one or more legitimate, 
                nondiscriminatory reasons for the conduct alleged to be 
                the unlawful disparate treatment; and
                    ``(II) the complaining party demonstrates that each 
                of such reasons is not true, but a pretext for 
                discrimination that is the unlawful disparate practice.
    ``(2) Paragraph (1) shall not be construed to specify the only 
method by which an unlawful employment practice based on disparate 
treatment may be established.''.
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