The following is a summary of the Civil Rights Act of 2004, also referred to as the “FAIRNESS ACT.” This summary was provided by the Leadership Conference on Civil Rights.
FAIRNESS AND INDIVIDUAL RIGHTS NECESSARY TO ENSURE A STRONGER SOCIETY: THE CIVIL RIGHTS ACT OF 2004 (“THE FAIRNESS ACT”)
Civil rights laws enacted over the last 40 years have strengthened our nation and brought us closer to the fundamental American principle of equal treatment for all. Recent court decisions have weakened these basic protections in ways that were never intended by Congress. This bill helps to keep the promise of equality by guaranteeing access to the courts to enforce the civil rights protections Congress intended all of us to have.
Protection for Older Workers
· Under court decisions, many older workers have lost the right to bring suit under federal age discrimination law. Older workers should be judged by their abilities, not their age. This bill reaffirms Congress’ intent to allow the millions of state workers who are 40 or older to seek protection in court for violation of federal age discrimination law. This bill would also ensure that older workers who are victims of practices that have an unjustified discriminatory effect on the basis of age can seek relief in court.
Fair Treatment for Workers and the Military
· A state hospital nurse and other state workers have no federal remedy if their employers violate minimum wage and overtime laws. The bill confirms Congress’ intent that millions of state employees have a remedy in court.
· In addition, state employees have no federal remedy if they suffer discrimination because they join the military. This means that a state police officer fired while on active or reserve military duty has no federal remedy. This bill gives state workers who serve in the military appropriate remedies under the Uniformed Services Employment and Reemployment Rights Act.
Equal Pay for Equal Work
· This bill closes loopholes in the Equal Pay Act and makes it easier for a working woman to obtain relief when there is no legitimate reason for denying her the same pay as a male co-worker.
Ensure Access to the Courts
Under recent cases, employers can require workers to give up their right to bring their claims to court. No worker should have to surrender the right to a day in court in order to obtain or keep a job. This bill prohibits employers from requiring workers to sign away their right to enforce civil rights and employment laws in court.
Prevention of Discrimination in Access to Public Services
· Individuals can no longer enforce Title VI regulations prohibiting practices that have an unjustified discriminatory effect. For example, children attending heavily minority public schools that are underfunded compared to other public schools cannot seek relief in court under Title VI. The bill provides a remedy when entities receiving federal funds engage in practices that have an unjustified discriminatory effect.