European Stars and Stripes (Newspaper) - June 11, 1991, Darmstadt, Hesse                                Page 4 the stars and stripes tuesday,june.11, 1991 civil Richow House Bills compare with court rulings by James h. Rubin the associate press Washington employers would have to prove that there was a Good reason for relegating non Whites to Low level jobs. Women the disabled and religious minorities would have More tools to fight discrimination. That a the vision of the democratic civil rights Bill that the House passed wednesday a but without enough votes to override a promised presidential veto. A a. 1. A b a a a. V. The final version that emerges from Congress is not Likely to be As far reaching. Already talks Are under Way with republicans to find a Compromise acceptable to president hush. Clues to what that Compromise might look like can be. Found by examining the House passed democratic Bill and the Republican alternative and the Impact that they would have had on the supreme court cases that spawned them. The supreme court ruled in 1989 against minority workers at alaskan Salmon canneries saying  was up to them to prove that their under representation in skilled jobs was a direct result of discrimination. A. A v. A a the canneries had argued that there were legit male reasons for the disparities. For example they said most higher paying jobs require skill and prior experience that non Whites had a hard time acquiring because they were seasonal workers from Remote regions of Alaska. A the democratic civil rights Bill would negate that ruling by requiring businesses to prove that practices resulting in such Job stratification a Bear a significant and Manifest relationship to Job performance. The Republican alternative would allow employers such As the Salmon canneries to fight discrimination suits by showing their a legitimate employment goals Are significantly served by. The challenged  a a it a. In a second 1989 Case the supreme court ruled in favor of Ann Hopkins who said she was denied a partnership at the accounting firm of Price waterhouse because she acted too much like a Man. The court ordered Hopkins discrimination suit reinstated. But the apparent Victory was blunted because there were fewer than five signatures on the main opinion which said it was up to the employer to prove that it did not illegally discriminate. Sandra Day of Connor was one of two justices who voted to reinstate the suit but did not sign the main opinion. She said that to shift the Burden of proof to the employer the plaintiff must show that sexual Ste. Retyping or another illegitimate act was a a sub Stan Lizul factors in the employers decision  House passed legislation would make it illegal Tor intentional discrimination to play any part in the employment process a even if there Are other legitimate contributing factors. The Republican alternative does not directly address. The Issue raised by Hopkins Case. Also the democratic Bill for the first time would authorize punitive damages of up to $ 150,000 for sex discrimination although damage awards could be much higher to compensate victims for actual losses. The Law now permits Only reinstatement with Hack pay for the victims of such Bias. Another 1989 High court ruling threatened Many. Affirmative action plans when it said White men May Challenge court approved plans years after they Are. Adopted. The ruling permitted a suit by White Birmingham ala., firefighters who said they were victims of re verse discrimination. They had not been a party to the 1981 court approved settlement Between City officials and Blacks. The current democratic civil rights Bill would insulate such court approved plans from attack by out sidle parties. The Republican approach would permit such challenges. In a separate decision announced the same Day in 1989, the High court limited the time allowed for Fil ing some  employers of illegal Bias. The court killed a suit by three women who said a seniority plan adopted by american Telephone amp Telegraph co. In Illinois discriminated against the the Issue was whether the women waited too Long to sue. They said they met the deadline because fewer than 300 Days elapsed from the time they were. Demoted under a revised seniority system. The court ruled otherwise holding the 300-Day clock began to tick when at amp to adopted the new sys tern.��. T a \. T a  1 1 he women in the at amp to Case would be allowed to sue under the Republican Bill but Only because they were alleged victims of a seniority plan. The democratic measure goes further stating that the clock begins to tick Only when a worker is affected by any Al log Cidy discriminatory practice. A another 1989 supreme court ruling held that a key 1896 civil rights Law a designed to help freed slaves and permitting punitive damages for racial Bias a does not apply to on Lac Job harassment. The court said the Law protects Only those who can prove they were not hired or promoted because of racial discrimination. A a a Quot the justices killed a suit by a North Carolina Bank Teller Brenda Patterson who said she was harassed at work because she is Black. K she would fare better under the democratic and Republican versions of the current civil rights Bill. Both would permit such suits hot Only for discriminatory hiring but for racially motivated harassment and firings As Well a a a. A. A a year memories remain in Eastern by Bob Lewis the associated press a Shadyside Ohio a Rich Kellner leaned against the Fence behind first base and cheered As his 10-year-old son John scored the tying run and exchanged High lives with his learn  a it s Good to have this Back a baseball and All a Kellner said. A everybody was so in Shock and involved with the flood last summer we just suspended it. This helps us led Normal  nearly one year ago on the night of june 14, 1990, Flash floods killed.26 people and wiped out scores of Homes in these rugged Hills of Eastern Ohio. One of John Kellner a teammates 8-year-old Danny Humphrey died with his 12-year-old brother David and their Mother sue when their Home was swept Down pipe Creek five Miles South of Shad Home and business owners totalled More than. $3.7 million. Government cleanup costs and estimates of damage to Public structures such As roads and Bridges came to $6.4 million. The Ohio National guard did $3,3 million in cleanup work us its summer training project. Counselor still work in a three room Mobile Home to help ease the psychological pain people fee As they rebuild their lives. A Danny would be out there with hem now. It la be with us the rest of our lives a Rich Kellner said Ray Ponzo said flood victims haunt him every time he strikes up the Junior High school hand "1 he Humphrey boy David was the Only saxophonist i had in that sixth Grade band last year. Kerri Polivka she was my drummer in that band and just Tomboy enough to do it Well Quot Ponzo said. A i look out this year Over our seventh Grade hand and those spots arc  five inches of rain fell in less than two hours and sent a wait of water up to 2.v feet High crashing Down through we gee and pipe crocks about 9 that night Quot the Flash flood destroyed 87 houses severely damaged 48 and caused lesser damage to 44 More according to the Ohio emergency management Agency. Trees were uprooted and twisted and cars were knocked about like Bathtub toys. In May Federal and state Aid to local  have to lose family to Hurt. Some people Felt guilty that they lost property while others lost lives. But a loss is a loss pain is pain Quot said Nancy Olexick w to works for the regional mental health  a y a a children use toys and Art to Deal with their feelings. One creation is a plaster impression of a child s face with one Side painted yellow and the other a Muddy Orange sequins and Clear plastic baubles glued beneath one Eye represent tears. Art therapist Diane Stern said the mask represents the child before and after the flood. For 10-year-old Amber Colvin the memories May fade but they will never go away. A Amber was playing with 13-year-old Kerri Polivka the band s drummer when the Wall of water crashed Down the Valley destroying the Colvins Mobile Home and most everything else in its path. Amber survived Only by clinging to some debris. A i have this picture of Kerri and when id look at it id have nightmares a said Amber who remembers trying in vain to save her Friend. The nightmares subsided after amberts parents put the photo out of sight. But other problems Are not so easily remedied they said. A a it a been a hard struggle a said her father Denny Colvin. Quot there does no to a night or a morning go by when we done to think about the  rough rider a sunday a itt Merican cowboys heart. In a rollicking ride  Irh to in w1� it in bavarian of racing championships in l n "0? of Munich it was the sixth time that people have climbed aboard their mounts for a run at the championship