WoMM LM CENTER
1616 i» Street, NW Washington, DC 20036 (202) 328-5160 FAX (202) 328-5137
June 20, 1990
Board of Directors *
Brooksley Born, Chairperson
Arnold & Porter
Duane Robina Bonds, M.O.
Associate Professor of Obstetrics
& Gynecology
Howard University
Nancy Duff Campbell
Managing Attorney
National Women's Law Center
Beatrice Coleman
Chairman, Maidenform, Inc.
Honorable John Heinz
United States Senate
277 Senate Russell Office Bldg.
Washington, D.C.
20510
Dear Senator Heinz:
Wilbur Daniels
Executive Director
S. H. and Helen R. Scheuer
Family Foundation
Donna de Varona
Chair
Women's Sports Foundation
Colleen Dewhurst
Actress
Jamie Gorelick
As you know, right now there is a great deal of
interest in and activity surrounding S.2104, The
Civil Rights Act of 1990. Prompt passage of the
proposed Civil Rights Act is a high priority for
civil rights, women's rights, labor, religious and
other organizations dedicated to the achievement of
equal rights for all.
The section of the Civil Rights Act which would
make a damages remedy available to all victims of
intentional employment discrimination prohibited by
Title VII of the Civil Rights Act of 1964 is of
particular importance to those individuals and
groups who strive for equal opportunity in the
workplace. The proposed damages remedy is the same
as that which is available to victims of intentional
race discrimination under 42 U.S.C. § 1981. The
creation of a damages remedy for all victims of
discrimination is vitally important to ensure that
women and members of certain religious and ethnic
groups who suffer discrimination are not "secondclass" citizens when it comes to obtaining relief in
the courtroom.
Opponents of the Civil Rights Act of 1990 claim
that businesses will have to pay enormous damage
awards if all victims of intentional discrimination
have the right to seek damages, thereby distorting
the way Title VII operates. These claims are
entirely unfounded. We have enclosed a study of all
§ 1981 race discrimination cases reported in the
1980s, completed by the Washington D.C. law firm of
Shea & Gardner at the request of the National
Women's Law Center. This study is highly
informative, as it shows that damage awards to
victims of proven intentional race discrimination
have been, on the whole, infrequent and quite
reasonable. They have not distorted in any way
Title VII's conciliatory mechanism. This study
Miller Cassidy Larroca & Lewin
Marcia D. Greenberger
Managing Attorney
National Women's Law Center
Antonia Hernandez
President and General Counsel
Mexican American Legal Defense
and Educational Fund
Elaine R. Jones
NAACP Legal Defense &
Education Fund, Inc.
Margaret A. Kohn
Bogin & Eig
Judith A. Maynes
Vice President and
Assistant General Counsel
AT&T
Gerald W. McEntee
President
American Federation of State,
County and Municipal Employees
Patsy Takemoto Mink
Former Member of Congress
Donna E. Shalala
Chancellor
University of Wisconsin
Marna S. Tucker
Fcldesman, Tucker, Liefer, Fidell
& Bank
Aida Waserstein
Waserstein & Dempsey
Network Committee*
Sandra Shapiro
Foley, Hoag & Eliot
Boston Network
Edna Selan Epstein
Law Offices of Edna Selan Epstein
Chicago Network
Maria D. Hummer
Manatt, Phelps, Rothenberg &
Phillips
Los Angeles Network
Jo Harriet Strickler
LeBlanc, Strickler & Woodhandler
New Orleans Network
Sheila Birnhaum
Skadden, Arps, Slate, Meagher
& Flom
and
Judith A. Maynes
AT&T
New York Network
Pamela Jacklin
Stoel, Rives, Boley, Fraser
& Wiley
Portland Network
Karen Hastie Williams
Crowell & Moring
Washington, DC Network
'Affiliations listed for identification
purposes only.
Honorable John Heinz
June 20, 1990
Page 2
provides the best available predictor of the result of adding a
damages remedy to Title VII. We have also enclosed a summary of
other reasons why the damages remedy deserves your support.
I hope this information will be helpful to you in your
consideration of S.2104. The National Women's Law Center is, of
course, available to answer any questions that you or your staff
might have about the damages provision or S.2104 in general.
Sincerely,
rc6 - A p
C
Marcia D. Greenberger
Managing Attorney
Enclosures