CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE CONSIDERATION OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN IN EMPLOYMENT PRACTICES.

SEC. 107. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE CONSIDERATION OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN IN EMPLOYMENT PRACTICES. (a) In General.— Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) (as amended by sections 105 and 106) is further amended by adding at the end the following new subsection: “(m) Except as otherwise provided in this title, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice.”. (b) Enforcement Provisions.— Section 706(g) of such Act (42 U.S.C. 2000e–5(g)) is amended— (1) by designating the first through third sentences as paragraph (1); (2) by designating the fourth sentence as paragraph (2)(A) and indenting accordingly; and (3) by adding at the end the following new subparagraph: “(B) On a claim in which an individual proves a violation under section 703(m) and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court— “(i) may grant declaratory relief, injunctive relief (except as provided in clause (ii)), and attorney’s fees and costs dem-105 STAT. 1076onstrated to be directly attributable only to the pursuit of a claim under section 703(m); and “(ii) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (A).”.