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S. 2298: Economic Inclusion Civil Rights Act of 2021

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jun 24, 2021.

Economic Inclusion Civil Rights Act of 2021

This bill modifies the prohibition against intentional racial discrimination in the context of economic activity such as employment, contracts, or other commercial transactions.

Specifically, the bill makes an action that has a discriminatory effect a violation of section 1977 of the Revised Statutes. It also states that all non-White persons within U.S. jurisdiction shall have the same right in every state and territory as is enjoyed by White citizens in certain respects.

No person shall use a criterion, method of administration, practice, or policy that has a disparate impact in violation of that provision.

Further, a plaintiff may prove intentional discrimination by showing only that the discriminatory intent was a motivating factor in the alleged violation. Under current law, a plaintiff must prove that the harm would not have occurred but for the defendant's unlawful conduct.

Additionally, standing shall not be limited to victims who were parties to, or third-party beneficiaries of, a contract with the defendant.

The bill provides for a right to jury trial and no joint-action waiver or pre-dispute arbitration agreement shall be enforceable with respect to any alleged violation.

The bill provides for a four-year statute of limitations.