Overt race discrim rare, but
subtle, Disp Impact discrim still
See DOL Glass Ceiling findings
Consequence: Potential Liability
Racial Harassment also
Same race discrim. possible?
Mixed Motive cases: What
happens when other, legal
reasons motivated the action?
• See 1991 amend. to the ‘64 Act.
CIVIL RIGHTS ACTS
Only apply to intentional
discrim. (unlike Title VII)
Drawback: No free EEOC admve
action; must hire your own
attorney & sue in court
Bans public & private emp. discrim.
1991 C.R.A. adds comp & puni
damages, but w/o caps for front pay
(in lieu of reinstatement)
Title VII $ limits on employers &
short SL inapplic. Sec. 1981 = 4 yrs.
Covered Eees often include w. their
Title VII claim
1991 Civil Rights Act
Greater BP on Eor after Eee
makes PF case of Disp. Impact
Adds comp. & puni. Dams for Int
Discrim. (Exs: P & S, emot. dist.)
Adds jury trials
Estab. Glass Ceiling Comm.
Extends to actions depriving P
of any legal rts.*
Ltd to acts by gov’t Ees or those
claiming to act under gov’t auth.
• Thus, inapplic to private Eors
• Ex: Rodney King suit ag. LAPD
• See Quinn v. Nassau County Police
Dept., 53 F.Supp. 2d 347 (E.D.N.Y.