On the recordSeptember 7, 2016
Mr. Chairman, my amendment would exempt from the legislation settlement agreements that provide payments to third parties as general relief for violations of title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination in employment on the basis of race, color, sex, religion, or national origin. Plaintiffs in employment discrimination cases typically seek payment and other relief for economic losses that result from unlawful employer conduct. These cases often involve multiple victims who are subjected to the same widespread discriminatory employment practice or policy that violate the Civil Rights Act. They also tend to affect the interests of persons who are not parties to the civil action or who are otherwise unlikely to receive compensation for unlawful conduct. Given the often systemic nature of discriminatory conduct, settlement agreements should be able to provide relief for non-identifiable victims through such means as requiring payments to address generalized harm or to prevent future discriminatory acts. Examples include workplace monitoring and training programs. Nevertheless, H.R. 5063 would prohibit these types of payment remedies unless they provide restitution for actual harm directly and proximately caused by the party making the payment.…





