# Economic Inclusion Civil Rights Act of 2021

This bill strengthens federal civil rights protections by expanding what counts as illegal discrimination in economic dealings. It responds to two Supreme Court decisions that the bill's sponsors believe weakened civil rights protections, and it aims to make it easier for people to challenge discriminatory practices in everyday economic life.

The bill defines "economic activity" very broadly to include almost everything involved in buying, selling, and doing business—from shopping and hiring to getting loans, renting apartments, or buying property. It applies whether these activities happen in person, online, or anywhere else. The core protection says that all people should have equal rights to participate in economic life compared to white citizens, including freedom from harassment and unfair treatment. This matters because it means discrimination isn't just about someone explicitly refusing service; it also covers policies or practices that have a discriminatory effect, even if that wasn't the stated intent. For example, if a company uses a screening method that disproportionately harms people of a particular race, they'd need to prove it's genuinely necessary for their business and that no better alternative exists.

The bill makes it easier for people to sue for discrimination by allowing them to go to court and have a jury hear their case—it blocks companies from forcing disputes into private arbitration instead. It also holds employers and business owners responsible for discrimination by their employees or agents, and it gives people four years to file a lawsuit. The bill applies to discrimination by both private businesses and government officials, and it allows broader types of evidence to prove discrimination occurred, including evidence of racially hostile conduct that a reasonable person would recognize as such.

Economic Inclusion Civil Rights Act of 2021

Raskin, Jamie

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.