S2343-119

1. Short title This Act may be cited as the Restoring Equal Opportunity Act.

2. Sense of the Senate It is the sense of the Senate that it is the policy of the United States to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible to avoid violating the Constitution of the United States, Federal civil rights laws, and basic American ideals.

3. Disparate-impact claims prohibited for employment practices Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended by striking subsection (k) and inserting the following: No person may bring an action or proceeding under this title for a claim alleging an unlawful employment practice based on disparate impact. In this subsection, the term disparate impact, used with respect to an employment practice, means the result of an employment practice that— is neutral on its face, and does not result from an intention to discriminate in a manner prohibited under this title; but may have a disproportionate effect on certain groups, including protected classes under this title. (k)(1)No person may bring an action or proceeding under this title for a claim alleging an unlawful employment practice based on disparate impact.(2)In this subsection, the term disparate impact, used with respect to an employment practice, means the result of an employment practice that—(A)is neutral on its face, and does not result from an intention to discriminate in a manner prohibited under this title; but(B)may have a disproportionate effect on certain groups, including protected classes under this title..

4. Disparate-impact claims prohibited for housing practices Section 807 of the Fair Housing Act (42 U.S.C. 3607) is amended by adding at the end the following: No person may bring an action or proceeding under this title for a claim alleging a discriminatory housing practice based on disparate impact. In this subsection, the term disparate impact, used with respect to a housing practice, means the result of a housing practice that— is neutral on its face, and does not result from an intention to discriminate in a manner prohibited under this title; but may have a disproportionate effect on certain groups, including protected classes under this title. (c)(1)No person may bring an action or proceeding under this title for a claim alleging a discriminatory housing practice based on disparate impact.(2)In this subsection, the term disparate impact, used with respect to a housing practice, means the result of a housing practice that—(A)is neutral on its face, and does not result from an intention to discriminate in a manner prohibited under this title; but(B)may have a disproportionate effect on certain groups, including protected classes under this title..

5. Nullifying regulations The following Presidential approvals of the regulations promulgated under section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–1), and the regulations so approved, shall have no force and effect: The Presidential approval of regulations issued by the Equal Employment Opportunity Commission relating to title VII of the Civil Rights Act of 1964 (31 Fed. Reg. 10269 (July 29, 1966)), as applied to section 42.104(b)(2) of title 28, Code of Federal Regulations, in full. The Presidential approval of regulations issued by the Department of Justice relating to Regulations To Implement Title VI of the Civil Rights Act of 1964 With Respect to Federal Assistance Administered by the Department of Justice (38 Fed. Reg. 17955 (July 5, 1973)), as applied to the words or effect in both places they appear in section 42.104(b)(3) of title 28, Code of Federal Regulations, and as applied to section 42.104(b)(6)(ii) of title 28, Code of Federal Regulations and section 42.104(c)(2) of title 28, Code of Federal Regulations, in full.