The Civil Rights Act of 1991.

In 1991, Title VII was amended 96 in response to the United States Supreme Court's decision in Ward's Cove Packing Co. v. Antonio.97 In Wards Cove, the Court weakened the scope and effectiveness of federal civil rights protections by requiring an employment discrimination plaintiff to identify the specific employment practice that is challenged, and to illustrate how that practice creates a "disparate impact."98 After the plaintiff satisfies this burden, the Court explained that the employer would receive …

…eliminate employment discrimination. Therefore the Court should take this into consideration when encountering affirmative action cases involving the federal government. The overall intent behind these important civil rights statutes, and the federal government's ability to realize its goal of equal employment, should be paramount. Therefore, courts should relax the level of scrutiny, depending on the amount of federal involvement, thereby providing greater deference to congressional intent to be more proactive where federal funds are involved.