[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 188 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 188

To amend the Civil Rights Act of 1964 to make preferential treatment an 
         unlawful employment practice, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 1997

   Mr. Helms introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Civil Rights Act of 1964 to make preferential treatment an 
         unlawful employment practice, and for other purposes.

    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 ``Civil Rights Restoration Act of 
1997''.

SEC. 2. PREFERENTIAL TREATMENT.

    (a) Unlawful Employment Practice.--Section 703(j) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e-2(j)) is amended to read as 
follows:
    ``(j)(1) It shall be an unlawful employment practice for any entity 
that is an employer, employment agency, labor organization, or joint 
labor-management committee subject to this title to grant preferential 
treatment to any individual or group with respect to selection for, 
discharge from, compensation for, or the terms, conditions, or 
privileges of, employment or union membership, on the basis of the 
race, color, religion, sex, or national origin of such individual or 
group, for any purpose, except as provided in subsection (e) or 
paragraph (2).
    ``(2) It shall not be an unlawful employment practice for an entity 
described in paragraph (1) to recruit individuals of an 
underrepresented race, color, religion, sex, or national origin, to 
expand the applicant pool of the individuals seeking employment or 
union membership with the entity.''.
    (b) Construction.--Nothing in the amendment made by subsection (a) 
shall be construed to limit the authority of courts to remedy, under 
section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g)), 
intentional discrimination under title VII of such Act (42 U.S.C. 2000e 
et seq.).
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