Economic Inclusion Civil Rights Act of 2021

To amend section 1977 of the Revised Statutes to protect equal rights under law. 1. Short title This Act may be cited as the Economic Inclusion Civil Rights Act of 2021 2. Equal rights Section 1977 of the Revised Statutes ( 42 U.S.C. 1981 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 (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 (3) Security of person and property The term security (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. . 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. 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.

Summary: Economic Inclusion Civil Rights Act of 2021 This bill modifies the prohibition against intentional racial discrimination in the context of economic activity such as employment, contracts, or other commercial transactions. Specifically, the bill makes an action that has a discriminatory effect a violation of section 1977 of the Revised Statutes. Further, a plaintiff may prove intentional discrimination by showing only that the discriminatory intent was a motivating factor in the alleged violation. Under current law, a plaintiff must prove that the harm would not have occurred but for the defendant's unlawful conduct. Additionally, standing shall not be limited to victims who were parties to, or third-party beneficiaries of, a contract with the defendant. The bill provides for a right to jury trial and no joint-action waiver or pre-dispute arbitration agreement shall be enforceable with respect to any alleged violation. The bill provides for a four-year statute of limitations.