Independence from Inequality : Passage of the 1990 Civil Rights Act Would Reinforce Liberty

After decades of prodding and pushing this nation in the direction of equality, the U.S. Supreme Court issued a series of controversial decisions that make it more difficult for minorities and women to prove discrimination at work. But by approving the Civil Rights Act of 1990, Congress and President Bush can reaffirm this nation’s absolute commitment to liberty and justice for all.

The Senate is expected to vote next Tuesday on this important civil-rights legislation, which enjoys strong support from Democrats and Republicans. In spite of that bipartisan backing, President Bush has expressed reservations. His advisers have raised the specter of quotas in a provision that would shift the burden of proof from the alleged victim back to where it belongs--the employer.

Compromise language worked out between Sens. John C. Danforth (R-Mo.) and Edward M. Kennedy (D-Mass.) should reassure Bush. It would allow employers to meet that burden of proof by demonstrating that employee qualifications “bear a substantial and demonstrable relationship” to effective job performance. If an employer could prove that certain jobs require great physical strength, for instance, he or she could legally exclude most women and some men.

Another controversial provision would allow victims of intentional sexual or religious discrimination to collect monetary damages. But there are safeguards: To collect punitive damages, victims would have to prove that the discrimination was malicious or demonstrated a reckless and callous disregard for the law.

Federal law allows damages only in racial discrimination cases. Huge awards are the exception. No damages were awarded in 85% of racial bias cases, according to the National Women’s Law Center. The average award was $40,000 and damages topped $200,000 in only three cases over a 10-year period.

This nation has made great progress on civil rights, but strong federal protections are still warranted. The President and the Congress should approve the civil-rights act.