Issue: Does the legislative history of the Civil Rights Act of 1991, in particular the committee reports, provide any guidance on whether the damage caps of 42 U.S.C. ‘ 1981a were intended to apply to awards of front pay?
| Area of Law: | Constitutional Law, Employee Law |
| Keywords: | Damage caps of 42 U.S.C. ' 1981a; Front pay award; Legislative history of the Civil Rights Act |
| Jurisdiction: | Federal |
| Cited Cases: | 853 F.3d 375; 511 U.S. 244 |
| Cited Statutes: | 42 U.S.C. ' 1981a; 2 U.S.C. ' 1981a(3)(b)(2); 42 U.S.C. 2000e-5(g); Section 706(g) |
| Date: | 00/01/2001 |
The Civil Rights Act of 1991, which includes the damages provisions codified at 42 U.S.C. ‘ 1981a, was a long time in coming. The Act is unusual, however, in that despite its long and complicated path, it comes with little in the way of traditional legislative history. Similar to the original Civil Rights Act of 1964, which the 1991 Act was intended to amend, the latter Act was a quickly adopted compromise that ended extensive legislative debate over earlier rejected proposals.
In fact, there were no committee hearings, no reports, and only limited floor debate on the final version of the Act that ultimately became law.
There are, however, several sources that can be looked to in order to understand the legislative history of ‘ 1981a. First, the language of the various earlier versions of the Act, including those referenced as the Civil Rights Act of 1990, can be contrasted with that of the enacted bill. In addition, these earlier versions were accompanied by greater commentary. There are several House and Senate Committee Reports relating to earlier, but similar, versions of the Act, which may help shed light on the history of the terms that remained the same, while at the same time providing some understanding of the subsequent changes.
The Congressional Record also includes interpretive statements offered by various Senators and Representatives relating to Senate Bill 1745, which was the version of the legislation enacted. The weight to be given to these memoranda is uncertain. […]