[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2080 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2080

    To amend title VII of the Civil Rights Act of 1964 to establish 
   criminal liability for unlawful discrimination based on disparate 
                               treatment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 1997

  Mr. Campbell (for himself and Mr. Canady of Florida) introduced the 
 following bill; which was referred to the Committee on Education and 
the Workforce, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend title VII of the Civil Rights Act of 1964 to establish 
   criminal liability for unlawful discrimination 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 ``Anti-Discrimination Act of 1997''.

SEC. 2. AMENDMENT.

    Title VII of the Civil Rights Act of 1964 is amended by inserting 
after section 706 the following:

                          ``criminal liability

    ``Sec. 706A. A defendant who purposefully engages in an employment 
practice defined as unlawful in section 703 or 704 of this Act by 
intentionally treating a covered person worse than another because of 
that covered person's race, gender, religion, or national origin shall, 
upon a first conviction, be guilty of a misdemeanor and punishable by a 
fine not to exceed $10,000 if an individual or $100,000 if a 
corporation. A subsequent conviction of a defendant under this section 
regarding conduct within five years of the first conviction shall be a 
felony punishable by a fine not to exceed $20,000 if an individual or 
$200,000 if a corporation, imprisonment not to exceed six months, or 
both, if that subsequent conviction is determined by the court to 
involve conduct substantially similar to the conduct of the first 
offense.''.

SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendment made by this Act shall take effect on the date of the 
enactment of this Act.
    (b) Application of Amendment.--The amendment made by this Act shall 
apply only with respect to conduct occurring after the date of the 
enactment of this Act.

SEC. 4. SENTENCING COMMISSION.

    The United States Sentencing Commission may propose to Congress 
amendments to the United States Sentencing Guidelines altering the 
sentences imposed under section 706A of the Civil Rights Act of 1964, 
as provided in section 994(p) of title 28, United States Code.
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