Sponsors (18)
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Restores and strengthens private civil‑rights enforcement across federal law by clarifying when disparate‑impact claims can be proved, expanding protected categories and public accommodations, and increasing remedies (equitable relief, compensatory damages, attorney/expert fees). It also bars many pre‑dispute arbitration clauses for employment, consumer, and civil‑rights claims, tightens employer and official liability (including strict employer liability for employee discrimination and limits on qualified immunity), and creates a private right of action and fee awards for profiling and other violations. The Act takes effect on enactment, applies to pending actions and new claims, and makes broad changes to the Civil Rights Act, Education Amendments, Fair Housing Act, 42 U.S.C. 1983 rules, arbitration law (Title 9), and related statutes — producing major procedural, substantive, and financial effects for employers, governments, law enforcement, courts, businesses that serve the public, and people asserting discrimination claims.
Amend Section 1003(a)(1) of the Rehabilitation Act Amendments of 1986 (42 U.S.C. 2000d–7(a)(1)) by inserting additional language before the period at the end of that paragraph. The provided text indicates an insertion but does not show the inserted language.
The Act (including any amendments it makes) must not be read to limit the scope of, or the relief available under, section 504 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or any other provision of law.
The Act (including any amendments it makes) must not be read to limit the scope of the class of persons who may be subjected to civil actions under the covered civil rights provisions.
If any provision of the Act, or the application of a provision to any person or circumstance, is held unconstitutional, the rest of the Act and its application to other persons or circumstances remain in effect.
The Act and its amendments must not be read to prohibit the use of arbitration on a voluntary basis after a dispute arises.
Who is affected and how:
Employees and private plaintiffs: The Act substantially lowers barriers to suing for discrimination (both intentional and disparate impact), expands recoverable relief (compensatory damages, equitable relief, attorney and expert fees), and increases incentives for litigation and settlement. Plaintiffs bringing claims based on race, sex (including gender identity), disability, age, sexual orientation, hairstyles, and other covered traits will have clearer paths to litigate and recover.
Employers and businesses that serve the public: Employers face stricter exposure — strict liability for employee misconduct and the removal of common affirmative defenses — and must revise policies, training, and dispute‑resolution clauses. Businesses that are public accommodations will face expanded nondiscrimination obligations and potentially more litigation risk.
Law enforcement agencies and officers: Profiling is explicitly prohibited with an enforceable private right of action; changes to §1983 increase potential liability for officials and contracting entities providing public functions. The removal of qualified immunity increases civil exposure for officials who violate the Act.
State and local governments / political subdivisions: These entities may face more lawsuits, compensatory liabilities, and fee awards under the revised statutes and §1983 regime; punitive damages are limited against governments, but compensatory awards and fee obligations can be substantial. This creates budgetary exposure and potential unfunded fiscal impacts.
Courts and litigation system: Anticipate more civil‑rights filings, class and collective actions (since arbitration/class waivers are curtailed), increased demand for expert witnesses, and higher attorney‑fee awards. Federal and state courts will need to apply new definitions and burdens in disparate‑impact and §1983 litigation.
Arbitration and alternative dispute‑resolution providers: The ban on many pre‑dispute arbitration clauses for employment/consumer/civil‑rights matters will reduce mandatory arbitration volumes and shift disputes to courtrooms; parties and vendors must update contracts and policies.
Secondary effects:
Overall, the Act materially expands civil‑rights enforcement tools for plaintiffs while increasing legal and financial exposure for employers, public entities, and law enforcement, and shifting many disputes away from pre‑dispute arbitration toward judicial resolution.
Inserts into 42 U.S.C. §1983 a set of "Rules for application" that (a) defines the term "State" to include persons or entities undertaking action under color of State/Territory law or the District of Columbia; (b) expands the circumstances in which a private person or entity is considered to be acting "under color of law" (enumerating bases (A)–(H)); (c) creates a presumption that private persons or entities are acting under color of law when performing specified public functions under contract or legally binding agreement; (d) provides that qualified immunity is not a defense in actions under the statute; and (e) makes political subdivisions liable for acts of their officials (respondeat superior).
Amends Section 201 of the Civil Rights Act of 1964 by (1) inserting additional text into subsection (a) (specific inserted text not shown in excerpt) and (2) revising subsection (b): replacing paragraph (3) with wording that covers a 'stadium or other place or establishment that provides exhibition, entertainment, recreation, exercise, amusement, gathering, or display;', redesignating existing paragraph (4) as paragraph (6), and inserting new paragraphs (4) and (5) that list numerous types of establishments (stores, shopping centers, online retailers or service providers, salons, banks, gas stations, food banks, service or care centers, shelters, travel agencies, funeral parlors, establishments that provide health care, accounting, or legal services) and transportation services (train, bus, car, taxi, airline services, stations, depots, or other transportation establishments).
Amends Section 202 of the Civil Rights Act of 1964 by inserting additional text before an existing portion of the section (the excerpt indicates insertion but does not include the inserted text or the exact insertion point).
Inserts a new section 602A into Title VI establishing a private right of action for persons aggrieved to recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs for unlawful intentional discrimination and for disparate-impact discrimination; provides that punitive damages are not available against governments, government agencies, or political subdivisions; requires inclusion of plaintiff attorney’s fees in settlement agreements or consent decrees.
Inserts a new section 902A into Title IX establishing a private right of action for persons aggrieved to recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs for unlawful intentional discrimination and for disparate-impact discrimination; provides that punitive damages are not available against governments, government agencies, or political subdivisions; requires inclusion of plaintiff attorney’s fees in settlement agreements or consent decrees.
Adds a new subsection (g) to section 305 (42 U.S.C. 6104) providing that persons aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs for intentional discrimination and disparate-impact claims; states punitive damages are not available against governments, government agencies, or political subdivisions; requires inclusion of plaintiff attorney’s fees in settlement agreements or consent decrees.
Amends section 305(e)(1) by replacing the phrase 'to enjoin a violation' with 'to redress a violation' and by striking the second sentence (removing that sentence) and inserting no replacement text.
Revises section 305(f) to remove language that began 'With respect to actions brought for relief based on an alleged violation of the provisions of this title,' and replaces it with text stating that actions for relief based on an alleged violation may be initiated in a court of competent jurisdiction, pursuant to section 305(e), or before the relevant Federal department or agency; and that, with respect to actions brought initially before the relevant Federal department or agency, certain provisions apply (as rewritten).
Amends section 304(b)(1) (codified at 42 U.S.C. 6103(b)(1) as cited) by striking language beginning with 'involved—' through the period and inserting new language stating that involved actions reasonably take into account age as a factor necessary to the normal operation or achievement of any statutory objective of the program or activity.
Adds a new subsection (e) to section 504 (29 U.S.C. 794) establishing that persons aggrieved by discrimination on the basis of disability may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs for intentional discrimination and disparate-impact discrimination; makes remedies available for failures to provide reasonable accommodations/modifications and other ADA-related requirements; states punitive damages are not available against governments, government agencies, or political subdivisions; and requires inclusion of plaintiff attorney’s fees in settlement agreements or consent decrees.
And 14 more affected sections...
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Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced February 13, 2025 by Rashida Tlaib · Last progress February 13, 2025
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House