In the nature of a substitute.

SA 25. Mrs. HUTCHISON (for herself, Mr. Martinez, Mr. Grassley, Mr.
Cornyn, Mr. Alexander, Mr. Voinovich, Mr. Enzi, Mr. Thune, Ms.
Murkowski, Mr. Burr, and Mr. Corker) proposed an amendment to the bill
S. 181, to amend title VII of the Civil Rights Act of 1964 and the Age
Discrimination in Employment Act of 1967, and to modify the operation
of the Americans with Disabilities Act of 1990 and the Rehabilitation
Act of 1973, to clarify that a discriminatory compensation decision or
other practice that is unlawful under such Acts occurs each time
compensation is paid pursuant to the discriminatory compensation
decision or other practice, and for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Title VII Fairness Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Filing limitations periods serve important functions.
They ensure that all claims are promptly raised and
investigated, and, when remediation is warranted, that the
violations involved are promptly remediated.
(2) Limitations periods are particularly important in
employment situations, where unresolved grievances have a
singularly corrosive and disruptive effect.
(3) Limitations periods are also particularly important for
a statutory process that favors the voluntary resolution of
claims through mediation and conciliation. Promptly raised
issues are invariably more susceptible to such forms of
voluntary resolution.
(4) In instances in which that voluntary resolution is not
possible, a limitations period ensures that claims will be
adjudicated on the basis of evidence that is available,
reliable, and from a date that is proximate in time to the
adjudication.
(5) Limitations periods, however, should not be construed
to foreclose the filing of a claim by a reasonable person who
exercises

[[Page S629]]

due diligence regarding the person's rights but who did not
have, and should not have been expected to have, a reasonable
suspicion that the person was the object of unlawful
discrimination. Such a person should be afforded the full
applicable limitation period to commence a claim from the
time the person has, or should be expected to have, a
reasonable suspicion of discrimination.

SEC. 3. FILING PERIOD FOR CHARGES ALLEGING UNLAWFUL
EMPLOYMENT PRACTICES.

Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-5(e)) is amended by adding at the end the following:
``(3)(A) This paragraph shall apply to a charge if--
``(i) the charge alleges an unlawful employment practice
involving discrimination in violation of this title; and
``(ii) the person aggrieved demonstrates that the person
did not have, and should not have been expected to have,
enough information to support a reasonable suspicion of such
discrimination, on the date on which the alleged unlawful
employment practice occurred.
``(B) In the case of such a charge, the applicable 180-day
or 300-day filing period described in paragraph (1) shall
commence on the date when the person aggrieved has, or should
be expected to have, enough information to support a
reasonable suspicion of such discrimination.
``(C) Nothing in this paragraph shall be construed to
change or modify the provisions of subsection (g)(1).
``(D) Nothing in this paragraph shall be construed to apply
to a charge alleging an unlawful employment practice relating
to the provision of a pension or a pension benefit.''.

SEC. 4. FILING PERIOD FOR CHARGES ALLEGING UNLAWFUL PRACTICES
BASED ON AGE.

Section 7(d) of the Age Discrimination in Employment Act of
1967 (29 U.S.C. 626(d)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``(d)'' and inserting ``(d)(1)'';
(3) in the third sentence, by striking ``Upon'' and
inserting the following:
``(2) Upon''; and
(4) by adding at the end the following:
``(3)(A) This paragraph shall apply to a charge if--
``(i) the charge alleges an unlawful practice involving
discrimination in violation of this Act; and
``(ii) the person aggrieved demonstrates that the person
did not have, and should not have been expected to have,
enough information to support a reasonable suspicion of such
discrimination, on the date on which the alleged unlawful
practice occurred.
``(B) In the case of such a charge, the applicable 180-day
or 300-day filing period described in paragraph (1) shall
commence on the date when the person aggrieved has, or should
be expected to have, enough information to support a
reasonable suspicion of such discrimination.
``(C) Nothing in this paragraph shall be construed to
change or modify any remedial provision of this Act.
``(D) Nothing in this paragraph shall be construed to apply
to a charge alleging an unlawful practice relating to the
provision of a pension or a pension benefit.''.

SEC. 5. APPLICATION TO OTHER LAWS.

(a) Americans With Disabilities Act of 1990.--Section
706(e)(3) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
5(e)(3)) shall apply (in the same manner as such section
applies to a charge described in subparagraph (A)(i) of such
section) to claims of discrimination brought under title I
and section 503 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12111 et seq., 12203), pursuant to section
107(a) of such Act (42 U.S.C. 12117(a)), which adopts the
powers, remedies, and procedures set forth in section 706 of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-5).
(b) Conforming Amendments.--
(1) Civil rights act of 1964.--Section 717 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding
at the end the following:
``(f)(1) Subject to paragraph (2), section 706(e)(3) shall
apply (in the same manner as such section applies to a charge
described in subparagraph (A)(i) of such section) to
complaints of discrimination under this section.
``(2) For purposes of applying section 706(e)(3) to a
complaint under this section, a reference in section
706(e)(3)(B) to a filing period shall be considered to be a
reference to the applicable filing period under this
section.''.
(2) Age discrimination in employment act of 1967.--
(A) In general.--Section 15(f) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 633a(f)) is amended by
striking ``of section'' and inserting ``of sections 7(d)(3)
and''.
(B) Application.--For purposes of applying section 7(d)(3)
of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 626(d)(3)) to a complaint under section 15 of that Act
(29 U.S.C. 633a), a reference in section 7(d)(3)(B) of that
Act to a filing period shall be considered to be a reference
to the applicable filing period under section 15 of that Act.
______