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H.R.5129 / 110th Congress

Civil Rights Act of 2008

Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Official summary

Version 00 · Introduced in House · Jan 23, 2008

Civil Rights Act of 2008 - Amends the Civil Rights Act of 1964, the Education Amendments of 1972, and the Age Discrimination Act of 1975 to set forth requirements for: (1) establishing discrimination based on disparate impact; and (2) rights of action and recovery for unlawful discrimination (intentional or based on disparate impact). Amends those Acts and the Rehabilitation Act of 1973 to set forth requirements regarding a right of recovery for harassment. Amends the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), the Age Discrimination in Employment Act of 1967 (ADEA), and the Fair Labor Standards Act of 1938 (FLSA) to provide that a state's receipt or use of federal financial assistance for a state program or activity constitutes a waiver of sovereign immunity for a suit by a program employee.

Amends the Air Carrier Access Act of 1986 to authorize civil actions in federal court for discrimination based on disability.

Settlement Encouragement and Fairness Act - Modifies the definition of "prevailing party" for purposes of provisions governing the recovery of attorney's fees to include a party whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought.

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Preservation of Civil Rights Protections Act of 2008 - Makes arbitration clauses in employment contracts unenforceable, with exceptions.

Authorizes recovery of expert fees by prevailing parties in civil rights actions.

Equal Remedies Act of 2008 - Repeals provisions limiting the amount of compensatory and punitive damages that may be awarded in cases of intentional discrimination in employment.

Amends the FLSA to revise provisions governing discrimination in the payment of wages, including equal pay requirements.

Amends the Immigration and Nationality Act to prohibit denying back-pay or other monetary relief for unlawful employment practices against undocumented immigrant workers.

Applies specified provisions of this act to violations pending as of enactment or occurring prior to enactment.

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Who introduced it

Rep. Lewis, John [D-GA-5] · D–GA

Committees

  • Judiciary Committee
  • Transportation and Infrastructure Committee
  • Education and Workforce Committee
33 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

  2. Referred to the Subcommittee on Aviation.

  3. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  4. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  5. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  6. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  7. Sponsor introductory remarks on measure. (CR E73)

  8. Introduced in House

  9. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Dec 5, 2025. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.5129 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.5129 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.R.5129 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.R.5129 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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