Connecticut Employment Lawyer & Attorney : Daniel Schwartz : Stamford, Hartford New Haven, CT

Workplace Prof has the lowdown on a new bill that's been introduced in both the Senate and House called the Civil Rights Act of 2008.  Senator Chris Dodd (D-Conn.) is a sponsor of the Senate bill.  As the Workplace Prof said, it looks like an "employee discrimination wish-list".  As drafted, it would: 

• eliminate the 1991 Civil Rights Act damage caps under Title VII and the Americans with Disabilities Act (ADA),
• amend the Equal Pay Act (EPA) to allow the "bona fide factor other than sex" defense only if an employer shows that the factor was job-related was actually used and further legitimate business purposes,
• add compensatory and punitive damages to the Fair Labor Standards Act's (FLSA) remedial framework (which includes the EPA),
• amend the Federal Arbitration Act (FAA) to prohibit clauses requiring arbitration of federal constitution or statutory claims, unless parties knowingly and voluntarily consented after the dispute arises, or as part of a collective bargaining agreement,
• allow winning plaintiffs to recover expert fees and expand the definition of prevailing party,
• give the NLRB authority to award backpay to undocumented workers.

The Profs believe that the bill likely won't go anywhere unless there is a "President Clinton or Obama" but it will certainly provide fodder for the campaign trail.  Given that the Ledbetter Fair Pay bill didn't go very far last year, I would tend to agree here.

For those who are curious, Senator Dodd issued a statement regarding his support for the bill here:

“The best way to honor the memory of Dr. Martin Luther King, Jr. is to continue his work to ensure that America lives up to its promise of treating all citizens equally,” said Dodd. “The fight for civil rights will not be won or lost in a single battle, but instead is an ongoing struggle taking place in our workplaces, schools, and communities across the nation. I am honored to join Senator Kennedy and my colleagues in the Senate and Congressman John Lewis in the House of Representatives in introducing a bill that will give Americans the tools and support they need to defend themselves and others when their civil rights have been violated.” 

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On Friday, Congress passed the first significant amendments to the Family and Medical Leave Act (FMLA) in over a decade.  The Bill still needs to be signed by President Bush in order for it to become effective. 

The new bill, which has yet to be signed by President Bush, creates an additional category for the traditional 12 week leave. Specifically, an employee may take 12 weeks leave, where the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation and there is a "qualifying exigency" which is to be defined by the Secretary of Labor by regulation.

In addition, and in an unique approach to leave issues, Congress has also created a "Servicemember Family Leave" where an eligible employee who is the spouse, son, daughter, parent, or next of kin of an injured servicemember needs to take care of them. The employee in this situation is entitled to 26 weeks leave.  This appears to be a one-time only leave. 

For Connecticut employers, this new bill will only add to the confusion over which leave (state or federal) applies. For the time being (and when signed by President Bush), this new leave will only apply to those employers covered under the Federal FMLA laws, not the state. 

Note that this expanded leave section is part of an overall military spending package.  There remains the possibility of a veto on it so employers should keep checking back for final approval and an effective date.

The legislation had been introduced by Senator Chris Dodd (D-Conn.) and he expressed his pleasure with its passage in a statement on Friday. 

"By passing this important legislation we will protect family members' rights to keep their jobs when they are providing important care and we will ensure that our injured troops receive the comfort and attention that they need," he said. 

According to the roll call, Dodd was absent from the final vote on the conference report on Friday. 

(Hat Tip: Jottings by an Employer's Lawyer)

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