Legal news and tips for employees, by Law Office of Eugene Lee

Civil Rights Act of 2008?

Good news for employees. Workplace Prof Blog reports on a new Democrat bill introduced in the House and Senate, the Civil Rights Act of 2008, H.R. 2159 & S. 2554, which will significantly expand employees’ rights under federal law. With a Democrat likely to be occupying the presidency for the next term, I think this bill has got a good chance of being passed in some form. Workplace Prof Blog gives the highlights of the bill as follows:

* eliminate the 1991 Civil Rights Act damage caps under Title VII and the Americans with Disabilities Act (ADA),
* amend the Equal Pay Act (EPA) to allow the “bona fide factor other than sex” defense only if an employer shows that the factor was job-related was actually used and further legitimate business purposes,
* adds compensatory and punitive damages to the Fair Labor Standards Act’s (FLSA) remedial framework (which includes the EPA),
* amends the Federal Arbitration Act (FAA) to prohibit clauses requiring arbitration of federal constitution or statutory claims, unless parties knowingly and voluntarily consented after the dispute arises, or as part of a collective bargaining agreement,
* allow winning plaintiffs to recover expert fees and expand the definition of prevailing party,
* give the NLRB authority to award backpay to undocumented workers,
* provide individuals the right to sue federally funded programs under Title VI, Title IX, the Rehabilitation Act, and the ADA,
* require that ADEA disparate impact claims be analyzed the same as Title VII claims,
* condition states’ receipts of federal funds on states’ waiver of sovereign immunity against individual claims for monetary damages under the Age Discrimination in Employment Act (ADEA), the FLSA, and Uniformed Services Employment and Reemployment Rights Act (USERRA).

Let’s keep our fingers crossed for this bill.

Facebooktwittergoogle_pluslinkedin

Leave a reply

Law Office of Eugene Lee
555 W 5th St, Ste 3100
Los Angeles, CA

Law Office of Eugene Lee
6 Centerpointe Dr, Ste 700
La Palma, CA 90623

T: (213) 992-3299
F: (213) 596-0487

Disclaimer: This website is an advertisement. The information and material contained in this website are for general informational purposes only. They do not constitute legal advice and should not be used or relied on as such. Any liability that might arise from any use or reliance on the contents of this site is expressly disclaimed. Your use of such contents does not create an attorney-client relationship – only an express signed agreement can do that. The content of any communication you send to us via the Internet or through e-mail may not be considered confidential. Eugene D. Lee is licensed to practice law in the States of New York and California only.

Creative Commons License

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. You are free to Share — to copy, distribute, display, and perform the work under the following conditions: 1. Attribution. You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). 2. Noncommercial. You may not use this work for commercial purposes. 3. No Derivative Works. You may not alter, transform, or build upon this work.