No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4183 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4183
To amend section 1977 of the Revised Statutes to protect equal rights
under law.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2023
Mr. Raskin (for himself, Mr. Ivey, Mr. Bowman, Mr. Green of Texas, Mr.
Jackson of Illinois, Ms. Lee of California, Mr. Moskowitz, Ms. Norton,
Mr. Thompson of Mississippi, Ms. Tlaib, and Mrs. Watson Coleman)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend section 1977 of the Revised Statutes to protect equal rights
under law.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Inclusion Civil Rights Act
of 2023''.
SEC. 2. EQUAL RIGHTS.
Section 1977 of the Revised Statutes (42 U.S.C. 1981) is amended to
read as follows:
``SEC. 1977. EQUAL RIGHTS UNDER LAW.
``(a) Finding.--Congress finds that the decisions of the Supreme
Court of the United States in Comcast Corp. v. National Ass'n of
African American-Owned Media, 140 S. Ct. 1009 (2020), and General
Building Contractors Ass'n v. Pennsylvania, 458 U.S. 375 (1982), have
weakened the scope and effectiveness of Federal civil rights
protections.
``(b) Purpose and Authority.--
``(1) Authority.--This section is an exercise of
congressional authority under section 5 of the 14th Amendment,
section 2 of the 13th Amendment, and the Commerce Clause of
section 8 of article I, of the Constitution of the United
States.
``(2) Purpose.--The purpose of this section is to protect
civil rights, including to enact into law key principles set
forth in portions of the concurring opinion of Justice Ginsburg
in Comcast Corp. v. National Ass'n of African American-Owned
Media, 140 S. Ct. 1009 (2020), and the dissenting opinion of
Justice Marshall in General Building Contractors Ass'n v.
Pennsylvania, 458 U.S. 375 (1982).
``(c) Definitions.--In this section:
``(1) Economic activity.--The term `economic activity'
shall have the broadest meaning permissible under the
Constitution, including--
``(A) making, performing, and enforcing contracts;
``(B) producing, consuming, browsing for, shopping
for, or waiting for goods or services;
``(C) soliciting, selecting, hiring, or dealing
with a vendor, supplier, contractor, or subcontractor;
``(D) dealing with or serving (including refusing
to serve) a shopper, patron, or customer;
``(E) accessing, processing, or granting (including
denying) access to loans, credit, bonding, or
insurance; and
``(F) purchasing, leasing, selling, holding, or
conveying real or personal property,
whether the activities described in this paragraph occur on the
internet, at a physical location, or through any other medium.
``(2) Full and equal benefit and enjoyment of economic
activity.--The term `full and equal benefit and enjoyment of
economic activity' means the benefit or enjoyment,
respectively, of the same benefits, privileges, advantages,
preferences, opportunities, terms, conditions, goods, services,
facilities, accommodations, service and treatment, employment,
and rights to make, enforce, perform, modify, and terminate
contracts, and freedom from intimidation, harassment, and
profiling as white citizens benefit from or enjoy,
respectively.
``(3) Security of person and property.--The term
`security', used with respect to person and property, includes
protection from physical harm and a threat of harm to one's
body or property, and protection against exposure to or a
disproportionate burden from the negative human health and
environmental impacts of pollution or an environmental hazard.
``(d) Statement of Equal Rights.--All persons within the
jurisdiction of the United States shall have the same right in every
State and territory as is enjoyed by white citizens to the full and
equal benefit and enjoyment of economic activity, to security of their
persons and property, to make and enforce contracts, including carrying
out the contract formation process, and to sue, be parties, and give
evidence, and to the full and equal benefit of all laws and
proceedings, and shall be subject, in comparison to white citizens, to
like punishment, pains, penalties, taxes, licenses, and exactions of
every kind, and to no other.
``(e) Discriminatory Effects Also Prohibited.--
``(1) In general.--No person shall use a criterion, method
of administration, practice, or policy that has the effect of
unjustifiably subjecting an individual to discrimination in
violation of subsection (d).
``(2) Demonstration.--A challenged criterion, method of
administration, practice, or policy that has an effect
described in paragraph (1) shall be unjustifiable unless its
user demonstrates that--
``(A) the use serves a legitimate purpose, which is
both required by a substantial business necessity and
not a pretext for discrimination; and
``(B) if the complaining party proffers an
alternative, that that alternative is either
inconsistent with substantial business necessity or
would produce an equal or greater discriminatory effect
on the basis of a classification protected by
subsection (d).
``(3) Limitation on substantial business necessity
defense.--A demonstration that a criterion, method of
administration, practice, or policy is required by a
substantial business necessity may not be used as a defense
against a claim of intentional discrimination under this
section.
``(f) Protection Against Impairment.--All rights protected by this
section are protected against impairment by nongovernmental
discrimination and impairment under color of State law.
``(g) Burden of Proof for Discriminatory Treatment Actions.--The
equal rights guaranteed under subsection (d) shall be considered to be
denied when the complaining party demonstrates that race was a
motivating factor for the denial of such rights even though other
factors also motivated the denial. A denial of equal rights guaranteed
under subsection (d) may be established with comparator evidence or any
other evidence that sufficiently demonstrates a denial of such rights,
including evidence of conduct that a reasonable person would find
racially hostile.
``(h) Standing.--Any person suffering injury in fact as a result of
the alleged violation of this section may bring a cause of action for
damages, or for equitable or for declaratory relief, under this
section. Standing shall not be limited to victims who were parties to,
or third-party beneficiaries of, a contract with the defendant.
``(i) Respondeat Superior Liability.--Principals shall be liable
for violations of this section by their agents, and local governments
shall be liable for violations of this section by their employees,
acting within the scope of their duties.
``(j) Jury Trial Right.--All persons within the jurisdiction of the
United States shall have the right to enforce a right provided under
this section in a court of law and before a jury of their peers, and no
joint-action waiver or pre-dispute arbitration agreement shall be valid
or enforceable with respect to any alleged violation of this section.
``(k) Statute of Limitations.--All causes of action under this
section shall be governed by the 4-year statute of limitations provided
by section 1658(a) of title 28, United States Code.
``(l) Remediating Past Discrimination.--Nothing in this section
shall be construed to prohibit or limit a lawful effort, under a
provision other than this section, to remedy the effects of
discrimination that has occurred or is occurring.''.
SEC. 3. APPLICATION TO PENDING ACTIONS.
This Act, and the amendment made by this Act, shall apply to any
cause of action for a violation of section 1977 of the Revised Statutes
that is pending on or after the date of enactment of this Act.
SEC. 4. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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