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Text of Employment Discrimination Evidentiary Amendment of 1993

This bill was introduced on July 28, 1993, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 28, 1993 (Introduced).

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HR 2787 IH

103d CONGRESS

1st Session

H. R. 2787

To amend title VII of the Civil Rights Act of 1964 to specify certain evidentiary matters relating to establishing an unlawful employment practice based on disparate treatment.

IN THE HOUSE OF REPRESENTATIVES

July 28, 1993

Mr. MANN introduced the following bill; which was referred to the Committee on Education and Labor


A BILL

To amend title VII of the Civil Rights Act of 1964 to specify certain evidentiary matters relating 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 ‘Employment Discrimination Evidentiary Amendment of 1993’.

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 proves by a preponderance of the evidence a prima facie case that the respondent engaged in such practice; and

      ‘(B) either--

        ‘(i) the respondent fails to produce any evidence to rebut such case; or

        ‘(ii)(I) the respondent articulates, and produces evidence of, one or more legitimate, nondiscriminatory reasons for the conduct alleged to be the unlawful employment practice; and

        ‘(II) the complaining party demonstrates that each of such reasons is not true, but a pretext for discrimination that is the unlawful employment practice.

    ‘(2) Paragraph (1) shall not be construed to specify the only mean by which an unlawful employment practice based on disparate treatment may be established.’.