[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 166 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 166

   To amend title VII of the Civil Rights Act of 1964 to clarify the 
 filing period applicable to charges of discrimination, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2009

 Mrs. Hutchison (for herself, Mr. Cornyn, Mr. Burr, Mr. Alexander, Mr. 
Enzi, and Mr. Voinovich) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend title VII of the Civil Rights Act of 1964 to clarify the 
 filing period applicable to charges of discrimination, 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 ``Title VII Fairness Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Filing limitations periods serve important functions. 
        They ensure that all claims are promptly raised and 
        investigated, and, when remediation is warranted, that the 
        violations involved are promptly remediated.
            (2) Limitations periods are particularly important in 
        employment situations, where unresolved grievances have a 
        singularly corrosive and disruptive effect.
            (3) Limitations periods are also particularly important for 
        a statutory process that favors the voluntary resolution of 
        claims through mediation and conciliation. Promptly raised 
        issues are invariably more susceptible to such forms of 
        voluntary resolution.
            (4) In instances in which that voluntary resolution is not 
        possible, a limitations period ensures that claims will be 
        adjudicated on the basis of evidence that is available, 
        reliable, and from a date that is proximate in time to the 
        adjudication.
            (5) Limitations periods, however, should not be construed 
        to foreclose the filing of a claim by a reasonable person who 
        exercises due diligence regarding the person's rights but who 
        did not have, and should not have been expected to have, a 
        reasonable suspicion that the person was the object of unlawful 
        discrimination. Such a person should be afforded the full 
        applicable limitation period to commence a claim from the time 
        the person has, or should be expected to have, a reasonable 
        suspicion of discrimination.

SEC. 3. FILING PERIOD FOR CHARGES ALLEGING UNLAWFUL EMPLOYMENT 
              PRACTICES.

    Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
5(e)) is amended by adding at the end the following:
    ``(3)(A) This paragraph shall apply to a charge if--
            ``(i) the charge alleges an unlawful employment practice 
        involving discrimination in violation of this title; and
            ``(ii) the person aggrieved demonstrates that the person 
        did not have, and should not have been expected to have, enough 
        information to support a reasonable suspicion of such 
        discrimination, on the date on which the alleged unlawful 
        employment practice occurred.
    ``(B) In the case of such a charge, the applicable 180-day or 300-
day filing period described in paragraph (1) shall commence on the date 
when the person aggrieved has, or should be expected to have, enough 
information to support a reasonable suspicion of such discrimination.
    ``(C) Nothing in this paragraph shall be construed to change or 
modify the provisions of subsection (g)(1).
    ``(D) Nothing in this paragraph shall be construed to apply to a 
charge alleging an unlawful employment practice relating to the 
provision of a pension or a pension benefit.''.

SEC. 4. FILING PERIOD FOR CHARGES ALLEGING UNLAWFUL PRACTICES BASED ON 
              AGE.

    Section 7(d) of the Age Discrimination in Employment Act of 1967 
(29 U.S.C. 626(d)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by striking ``(d)'' and inserting ``(d)(1)'';
            (3) in the third sentence, by striking ``Upon'' and 
        inserting the following:
    ``(2) Upon''; and
            (4) by adding at the end the following:
    ``(3)(A) This paragraph shall apply to a charge if--
            ``(i) the charge alleges an unlawful practice involving 
        discrimination in violation of this Act; and
            ``(ii) the person aggrieved demonstrates that the person 
        did not have, and should not have been expected to have, enough 
        information to support a reasonable suspicion of such 
        discrimination, on the date on which the alleged unlawful 
        practice occurred.
    ``(B) In the case of such a charge, the applicable 180-day or 300-
day filing period described in paragraph (1) shall commence on the date 
when the person aggrieved has, or should be expected to have, enough 
information to support a reasonable suspicion of such discrimination.
    ``(C) Nothing in this paragraph shall be construed to change or 
modify any remedial provision of this Act.
    ``(D) Nothing in this paragraph shall be construed to apply to a 
charge alleging an unlawful practice relating to the provision of a 
pension or a pension benefit.''.

SEC. 5. APPLICATION TO OTHER LAWS.

    (a) Americans With Disabilities Act of 1990.--Section 706(e)(3) of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(e)(3)) shall apply (in 
the same manner as such section applies to a charge described in 
subparagraph (A)(i) of such section) to claims of discrimination 
brought under title I and section 503 of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203), pursuant to 
section 107(a) of such Act (42 U.S.C. 12117(a)), which adopts the 
powers, remedies, and procedures set forth in section 706 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e-5).
    (b) Conforming Amendments.--
            (1) Civil rights act of 1964.--Section 717 of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at 
        the end the following:
    ``(f)(1) Subject to paragraph (2), section 706(e)(3) shall apply 
(in the same manner as such section applies to a charge described in 
subparagraph (A)(i) of such section) to complaints of discrimination 
under this section.
    ``(2) For purposes of applying section 706(e)(3) to a complaint 
under this section, a reference in section 706(e)(3)(B) to a filing 
period shall be considered to be a reference to the applicable filing 
period under this section.''.
            (2) Age discrimination in employment act of 1967.--
                    (A) In general.--Section 15(f) of the Age 
                Discrimination in Employment Act of 1967 (29 U.S.C. 
                633a(f)) is amended by striking ``of section'' and 
                inserting ``of sections 7(d)(3) and''.
                    (B) Application.--For purposes of applying section 
                7(d)(3) of the Age Discrimination in Employment Act of 
                1967 (29 U.S.C. 626(d)(3)) to a complaint under section 
                15 of that Act (29 U.S.C. 633a), a reference in section 
                7(d)(3)(B) of that Act to a filing period shall be 
                considered to be a reference to the applicable filing 
                period under section 15 of that Act.
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