The Unresolved Dilemma: The Specter of the Retroactive Application of the Civil Rights Act of 1991

Robert K. Robinson
H. Shelton Morrisette
Joseph G. P. Paolillo

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DOI: 10.2190/UXVC-KLJN-BDRU-W9PD

Abstract

Since the enactment of the Civil Rights Act of 1991 the question has arisen as to the statute's effective date. This is an extremely important question which is at the core of determining when actions prohibited by the new law can result in litigation. The dilemma now confronting federal courts is whether cases pending appeal, but initiated for workplace behavior occurring before the new statute's enactment, should be governed by the law that was in effect at the time these cases were filed, or under the provisions of the new act. A case involving this issue, Landgraf v. USI Film Products, has recently been granted a writ of certiorari and arguments will be heard by the Supreme Court during its October 1993 term. This article examines the Landgraf case, and related cases, as they relate to the retroactive application of the Civil Rights Act of 1991.

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