II 

111TH CONGRESS 

1ST SESSION S. 166 

To amend title VII of the Civil Rights Act of 1964 to clarify the filing 

period applicable to charges of discrimination, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 7, 2009 

Mrs. HUTCHISON (for herself, Mr. CORNYN, Mr. BURR, Mr. ALEXANDER, Mr. 

ENZI, and Mr. VOINOVICH) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To amend title VII of the Civil Rights Act of 1964 to 

clarify the filing period applicable to charges of discrimination, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Title VII Fairness 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Filing limitations periods serve important 

9 functions. They ensure that all claims are promptly 


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1 raised and investigated, and, when remediation is 

2 warranted, that the violations involved are promptly 

3 remediated. 

4 (2) Limitations periods are particularly impor5 tant in employment situations, where unresolved 

6 grievances have a singularly corrosive and disruptive 

7 effect. 

8 (3) Limitations periods are also particularly im9 portant for a statutory process that favors the vol10 untary resolution of claims through mediation and 

11 conciliation. Promptly raised issues are invariably 

12 more susceptible to such forms of voluntary resolu13 tion. 

14 (4) In instances in which that voluntary resolu15 tion is not possible, a limitations period ensures that 

16 claims will be adjudicated on the basis of evidence 

17 that is available, reliable, and from a date that is 

18 proximate in time to the adjudication. 

19 (5) Limitations periods, however, should not be 

20 construed to foreclose the filing of a claim by a rea21 sonable person who exercises due diligence regarding 

22 the person’s rights but who did not have, and should 

23 not have been expected to have, a reasonable sus24 picion that the person was the object of unlawful 

25 discrimination. Such a person should be afforded the 


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1 full applicable limitation period to commence a claim 

2 from the time the person has, or should be expected 

3 to have, a reasonable suspicion of discrimination. 

4 SEC. 3. FILING PERIOD FOR CHARGES ALLEGING UNLAW5 FUL EMPLOYMENT PRACTICES. 

6 Section 706(e) of the Civil Rights Act of 1964 (42 

7 U.S.C. 2000e–5(e)) is amended by adding at the end the 

8 following: 

9 ‘‘(3)(A) This paragraph shall apply to a charge if— 

10 ‘‘(i) the charge alleges an unlawful employment 

11 practice involving discrimination in violation of this 

12 title; and 

13 ‘‘(ii) the person aggrieved demonstrates that 

14 the person did not have, and should not have been 

15 expected to have, enough information to support a 

16 reasonable suspicion of such discrimination, on the 

17 date on which the alleged unlawful employment 

18 practice occurred. 

19 ‘‘(B) In the case of such a charge, the applicable 180- 

20 day or 300-day filing period described in paragraph (1) 

21 shall commence on the date when the person aggrieved 

22 has, or should be expected to have, enough information 

23 to support a reasonable suspicion of such discrimination. 

24 ‘‘(C) Nothing in this paragraph shall be construed to 

25 change or modify the provisions of subsection (g)(1). 


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1 ‘‘(D) Nothing in this paragraph shall be construed 

2 to apply to a charge alleging an unlawful employment 

3 practice relating to the provision of a pension or a pension 

4 benefit.’’. 

5 SEC. 4. FILING PERIOD FOR CHARGES ALLEGING UNLAW6 FUL PRACTICES BASED ON AGE. 

7 Section 7(d) of the Age Discrimination in Employ8 ment Act of 1967 (29 U.S.C. 626(d)) is amended— 

9 (1) by redesignating paragraphs (1) and (2) as 

10 subparagraphs (A) and (B), respectively; 

11 (2) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 

12 (3) in the third sentence, by striking ‘‘Upon’’ 

13 and inserting the following: 

14 ‘‘(2) Upon’’; and 

15 (4) by adding at the end the following: 

16 ‘‘(3)(A) This paragraph shall apply to a charge if— 

17 ‘‘(i) the charge alleges an unlawful practice in18 volving discrimination in violation of this Act; and 

19 ‘‘(ii) the person aggrieved demonstrates that 

20 the person did not have, and should not have been 

21 expected to have, enough information to support a 

22 reasonable suspicion of such discrimination, on the 

23 date on which the alleged unlawful practice occurred. 

24 ‘‘(B) In the case of such a charge, the applicable 180- 

25 day or 300-day filing period described in paragraph (1) 


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1 shall commence on the date when the person aggrieved 

2 has, or should be expected to have, enough information 

3 to support a reasonable suspicion of such discrimination. 

4 ‘‘(C) Nothing in this paragraph shall be construed to 

5 change or modify any remedial provision of this Act. 

6 ‘‘(D) Nothing in this paragraph shall be construed 

7 to apply to a charge alleging an unlawful practice relating 

8 to the provision of a pension or a pension benefit.’’. 

9 SEC. 5. APPLICATION TO OTHER LAWS. 

10 (a) AMERICANS WITH DISABILITIES ACT OF 1990.— 

11 Section 706(e)(3) of the Civil Rights Act of 1964 (42 

12 U.S.C. 2000e–5(e)(3)) shall apply (in the same manner 

13 as such section applies to a charge described in subpara14 graph (A)(i) of such section) to claims of discrimination 

15 brought under title I and section 503 of the Americans 

16 with Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 

17 12203), pursuant to section 107(a) of such Act (42 U.S.C. 

18 12117(a)), which adopts the powers, remedies, and proce19 dures set forth in section 706 of the Civil Rights Act of 

20 1964 (42 U.S.C. 2000e–5). 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) CIVIL RIGHTS ACT OF 1964.—Section 717 of 

23 the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) 

24 is amended by adding at the end the following: 


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1 ‘‘(f)(1) Subject to paragraph (2), section 706(e)(3) 

2 shall apply (in the same manner as such section applies 

3 to a charge described in subparagraph (A)(i) of such sec4 tion) to complaints of discrimination under this section. 

5 ‘‘(2) For purposes of applying section 706(e)(3) to 

6 a complaint under this section, a reference in section 

7 706(e)(3)(B) to a filing period shall be considered to be 

8 a reference to the applicable filing period under this sec9 tion.’’. 

10 (2) AGE DISCRIMINATION IN EMPLOYMENT ACT

11 OF 1967.— 

12 (A) IN GENERAL.—Section 15(f) of the 

13 Age Discrimination in Employment Act of 1967 

14 (29 U.S.C. 633a(f)) is amended by striking ‘‘of 

15 section’’ and inserting ‘‘of sections 7(d)(3) 

16 and’’. 

17 (B) APPLICATION.—For purposes of apply18 ing section 7(d)(3) of the Age Discrimination in 

19 Employment Act of 1967 (29 U.S.C. 626(d)(3)) 

20 to a complaint under section 15 of that Act (29 

21 U.S.C. 633a), a reference in section 7(d)(3)(B) 

22 of that Act to a filing period shall be considered 

23 to be a reference to the applicable filing period 

24 under section 15 of that Act. 

Æ 


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