,,ii #aagth ,,congress #ast ,session ,s4 #bbih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjba,mr4 ,blumenthal 7for himself1 ,mr4 ,booker1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #aigg of the ,revised ,statutes to protect equal rights under law4 #a4 ,short title ,this ,act may be cited as the ,economic ,inclusion ,civil ,rights ,act of #bjba4 #b4 ,equal rights ,section #aigg of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha7 is amended to read as follows3 #aigg4 ,equal rights under law 7a7 ,finding ,congress finds that the decisions of the ,supreme ,court of the ,united ,states in ,comcast ,corp4 v4 ,national ,ass'n of ,african ,american-,owned ,media1 #adj ,s4 ,ct4 #ajji 7#bjbj71 and ,general ,building ,contractors ,ass'n v4 ,pennsylvania1 #deh ,u4,s4 #cge 7#aihb71 have weakened the scope and effectiveness of ,federal civil rights protections4 7b7 ,purpose and authority 7#a7 ,authority ,this section is an exercise of congressional authority under section #e of the #adth ,amendment1 section #b of the #acth ,amendment1 and the ,commerce ,clause of section #h of article ,i1 of the ,constitution of the ,united ,states4 7#b7 ,purpose ,the purpose of this section is to protect civil rights1 including to enact into law key portions of the concurring opinion of ,justice ,ginsburg in ,comcast ,corp4 v4 ,national ,ass'n of ,african ,american-,owned ,media1 #adj ,s4 ,ct4 #ajji 7#bjbj71 and the dissenting opinion of ,justice ,marshall in ,general ,building ,contractors ,ass'n v4 ,pennsylvania1 #deh ,u4,s4 #cge 7#aihb74 7c7 ,definitions ,in this section3 7#a7 ,demonstrates ,the term demonstrates means meets the burdens of production and persuasion4 7#b7 ,economic activity ,the term economic activity shall have the broadest meaning permissible under the ,constitution1 including-- 7,a7 making1 performing1 and enforcing contracts2 7,b7 producing1 consuming1 browsing for1 shopping for1 or waiting for goods or services2 7,c7 soliciting1 selecting1 hiring1 or dealing with a vendor1 supplier1 contractor1 or subcontractor2 7,d7 dealing with or serving 7including refusing to serve7 a shopper1 patron1 or customer2 7,e7 accessing1 processing1 or granting 7including denying7 access to loans1 credit1 bonding1 or insurance2 and 7,f7 purchasing1 leasing1 selling1 holding1 or conveying real or personal property1 whether the activities described in this paragraph occur on the internet1 at a physical location1 or through any other medium4 7#c7 ,full and equal benefit and enjoyment of economic activity ,the term full and equal benefit and enjoyment of economic activity means the benefit or enjoyment1 respectively1 of the same benefits1 privileges1 advantages1 preferences1 opportunities1 terms1 conditions1 goods1 services1 facilities1 accommodations1 service and treatment1 employment1 and rights to make1 enforce1 perform1 modify1 and terminate contracts1 and freedom from intimidation1 harassment1 and profiling as white citizens benefit from or enjoy1 respectively4 7#d7 ,including ,the term including means including1 but not limited to1 consistent with the term's standard meaning in ,federal law4 7#e7 ,security of person and property ,the term security1 used with respect to person and property1 includes protection from physical harm and a threat of harm to one's body or property1 and protection against exposure to or a disproportionate burden from the negative human health and environmental impacts of pollution or an environmental hazard4 7d7 ,statement of equal rights ,all non,white persons within the jurisdiction of the ,united ,states shall have the same right in every ,state and territory as is enjoyed by ,white citizens to the full and equal benefit and enjoyment of economic activity1 to security of their persons and property1 to make and enforce contracts1 including carrying out the contract formation process1 and to sue1 be parties1 and give evidence1 and to the full and equal benefit of all laws and proceedings1 and shall be subject1 in comparison to ,white citizens1 to like punishment1 pains1 penalties1 taxes1 licenses1 and exactions of every kind1 and to no other4 7e7 ,discriminatory effects also prohibited 7#a7 ,in general ,no person shall use a criterion1 method of administration1 practice1 or policy that has a disparate impact in violation of subsection 7d74 7#b7 ,demonstration ,a challenged criterion1 method of administration1 practice1 or policy that has an impact described in paragraph 7#a7 shall be unjustifiable unless its user demonstrates that-- 7,a7 the use serves a legitimate purpose1 which is both required by a substantial business necessity and not a pretext for discrimination2 and 7,b7 if the complaining party proffers an alternative1 that that alternative is either inconsistent with substantial business necessity or would produce an equal or greater disparate impact on the basis of a classification protected by subsection 7d74 7#c7 ,limitation on substantial business necessity defense ,a demonstration that a criterion1 method of administration1 practice1 or policy is required by a substantial business necessity may not be used as a defense against a claim of intentional discrimination under this section4 7f7 ,protection against impairment ,all rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of ,state law4 7g7 ,burden of proof for discriminatory treatment actions 7#a7 ,protected classification ,in this subsection1 the term protected classification means a classification protected by subsection 7d74 7#b7 ,demonstration ,the equal rights guaranteed under subsection 7d7 shall be considered to be denied when the complaining party demonstrates that race or a protected classification was a motivating factor for the denial of such rights even though other factors also motivated the denial4 ,a denial of equal rights guaranteed under subsection 7d7 may be established with comparator evidence or any other evidence that sufficiently demonstrates a denial of such rights1 including evidence of conduct that a reasonable person would find racially hostile4 7h7 ,standing ,any person suffering injury in fact as a result of the alleged violation of this section may bring a claim or cause of action for damages1 or for equitable or for declaratory relief1 under this section4 ,standing shall not be limited to victims who were parties to1 or third-party beneficiaries of1 a contract with the defendant4 7i7 ,respondeat superior liability ,principals shall be liable for violations of this section by their agents1 and local governments shall be liable for violations of this section by their employees1 acting within the scope of their duties4 7j7 ,jury trial right ,all persons within the jurisdiction of the ,united ,states shall have the right to enforce a right provided under this section in a court of law and before a jury of their peers1 and no joint-action waiver or pre-dispute arbitration agreement shall be valid or enforceable with respect to any alleged violation of this section4 7k7 ,statute of limitations ,all causes of action under this section shall be governed by the #d-year statute of limitations provided by section #afeh7;a7 of title #bh1 ,united ,states ,code4 7l7 ,remediating past discrimination ,nothing in this section shall be construed to prohibit or limit a lawful effort1 under a provision other than this section1 to remedy the effects of discrimination that has occurred or is occurring4 4 #c4 ,application to claims ,this ,act1 and the amendment made by this ,act1 shall apply to all claims of violations of section #aigg of the ,revised ,statutes that are pending on or after the date of enactment of this ,act4 #d4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 and the application of such provision or amendment to any person or circumstance shall not be affected thereby4