Civil Rights Act of 1991: What Does It Do? Is It Retroactive?

Prior to the Supreme Court's 1989 term, the law under Title VII of the Civil Rights Act of 1964 had become fairly well settled with respect to procedures, damages, burden of proof, and other aspects. During that term, however, the Court unraveled a number of propositions and cast aside many of its own decisions. In 1991, after protacted debate, an agreement was reached between the president and Congress, and the Civil Rights Act of 1991 (CRA91) became law. In addition to restoring rights taken away by Court decisions, CRA91 establishes new liability for compensatory and punitive damages and accords the right of trail by jury. For example, as originally enacted, Title VII and the Americans with Disabilities Act (ADA) provided only equitable relief, which included back pay, reinstatement, and orders for promotion. Damages for emotional distress or mental anguish were not available. Under Section 102 of CRA91, claimants may now recover compensatory and punitive damages.