Statement Of Sen. Patrick
Leahy (D-Vt.),
Chairman, Senate Judiciary
Committee,
On Introduction Of The Civil
Rights Act Of 2008
January 24, 2008
Our great Nation was founded on the fundamental principle that all
persons are created equal. We have long committed, and
re-committed, ourselves to ensuring that all persons have the right
to prosper through hard work and ingenuity. However, for many
Americans, those rights still remain illusory. Today, we introduce
a comprehensive bill to vindicate our founding principles and make
the promise of equal opportunity in the workplace a reality for all
Americans.
I am proud to cosponsor the Civil Rights Act of 2008, and I thank
Senator Ted Kennedy for his leadership in the Senate on this issue,
and Representative John Lewis and for his leadership in the House.
I have been a long-time supporter of efforts to rid the workplace of
unlawful discrimination, and I believe the Civil Rights Act of 2008
is critical to achieving that important goal. We must continue to
fight to end all workplace discrimination, including discrimination
based on sexual orientation.
This legislation we are introducing today responds to several
disappointing decisions by conservative courts. These court rulings
have misconstrued Congressional intent, and have had the effect of
limiting important civil rights protections provided by Congress.
A 2000 decision from the Supreme Court of the United States greatly
restricted the capacity of workers who suffer age discrimination to
sue for full relief. In Kimel
v. Florida Board of Regents,
the Supreme Court ruled that, contrary to Congress’s
original intent, state employers do not have to provide back pay or
other monetary damages when workers are discriminated against based
on age. As a result, millions of state workers who are 40 or over
lost the right to back pay. This bill would restore Congress’s
original intent that state employers give workers full relief for
age discrimination, including back pay.
The bill would clarify the standard for challenging employment
practices that have an unjustified discriminatory impact on older
workers. It would make clear that the standard of proof in cases
alleging a disparate impact based on age is the same as in cases
alleging a disparate impact based on race, color, gender, national
origin, or religion.
The bill would also restore the rights of victims of discrimination
– in the workplace or otherwise – to challenge practices that have a
disparate impact on certain communities based on race, national
origin, sex, age, or disability. Since the Supreme Court’s decision
seven years ago in Alexander v.
Sandoval, individuals can no longer challenge
discrimination by entities that receive federal funding without
facing the high burden of proving purposeful discrimination.
Currently, only the federal government has the right to challenge
sophisticated forms of discrimination – by federally funded entities
– that falls disproportionately on certain minority groups. So if a
state decided to administer a driver’s license exam only in English,
rather than administering the exam in multiple languages, a
non-English speaker would be denied his or her right to have their
day in court. This measure returns the federal law to our original
intentions by allowing individuals a right to challenge such
practices.
These added protections provide a significant step forward in the
fulfillment of our goal to eliminate the footprint of unlawful
discrimination from the workplace and broader society. Civil rights
legislation over the last 44 years – including anti-discrimination
in the workplace laws – represents some of Congress’s greatest
achievements. With the passage of the Civil Rights Acts of 1964 and
1991, the Age Discrimination Act of 1975, and the Rehabilitation Act
of 1973, Congress gave victims of discrimination a way to address
the wrongs that they have suffered and put teeth into the sanctions
faced by those who unlawfully discriminate against their victims.
Despite these gains, efforts to eliminate bias from the workplace
and larger society have been largely eroded by decisions from
conservative jurists on the Supreme Court and other federal courts.
Year after year, conservative courts have roll backed rights by
denying certain types of relief and taking certain tools – designed
to fight intentional and sophisticated forms of workplace
discrimination – from individual workers. This bill would reverse
that roll back, and restore the rights of victims to have their day
in court and to have meaningful remedies when those rights are
violated.
Discrimination on the basis of certain personal characteristics has
no place in any workplace or in any state in America. It is long
overdue for Congress to reinforce Americans protections against bias
in the workplace and eradicate
barriers to full and equal participation
in our society.
The time for this bill is now. It is particularly important that,
on the week our Nation observes and honors the legacy of Dr. Martin
Luther King, Jr., Congress has introduced this bill. We must remain
vigilant in ensuring our precious civil rights, which generations of
Americans fought and bled to protect, remain available for our
children and grandchildren.
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