The Economic Inclusion Civil Rights Act of 2023 strengthens federal civil rights protections by expanding the scope of anti-discrimination laws to cover economic activity, broadly defined to include contracts, hiring, lending, property transactions, and services across all platforms. The bill targets what its sponsors view as weakened protections from recent Supreme Court decisions, prohibiting both intentional discrimination and policies that have discriminatory effects unless the defendant can prove substantial business necessity. The legislation applies to discrimination by private businesses and state actors alike, allows anyone harmed to sue for damages or equitable relief without being a direct party to a contract, and guarantees jury trials while blocking mandatory arbitration agreements in civil rights cases. The bill uses a four-year statute of limitations for lawsuits and holds employers and government entities responsible for discrimination by their agents and employees. The legislation would apply retroactively to cases pending at the time of enactment, if passed.
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