Title VII, passed in the 1960s when it was assumed that Southern juries could not render a fair verdict, allowed only trial by the court and provided for only traditional equitable remedies: back pay, reinstatement, and injunctions against future acts of discrimination.

It was moved to overhaul Title VII in 1991 and to harmonize it with Section 1981 jurisprudence, as a result of a series of controversial Supreme Court decisions: Patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of Section 1981 and could rarely show any wage losses that they could recover under Title VII.

In addition, the Court's narrow reading of the phrase "make or enforce contracts" eliminated any liability under Section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color.

Congress amended the Act to provide that the employer's proof that it would have made the same decision in any case was a defense to back pay, reinstatement and other remedies but not to liability per se.

The 1991 Act also made technical changes affecting the length of time allowed to challenge unlawful seniority provisions, to sue the federal government for discrimination, and to bring age discrimination claims, but it allowed successful plaintiffs to recover expert witness fees as part of an award of attorney's fees and to collect interest on any judgment against the federal government.