RETROACTIVITY OF THE CIVIL-RIGHTS-ACT OF 1991

Supreme Court precedent is unclear concerning whether a statute will be presumed to apply retroactively where Congressional intent is lacking. Because the Civil Rights Act of 1991 does not indicate whether it should be so applied, a number of federal courts have issued conflicting rulings on that matter. However, a careful review of case precedent, statutory construction principles, and the provisions of Title VII suggests that the Civil Rights Act of 1991 should be applied retroactively to those provisions that merely made procedural changes or were remedial as long as injustice does not arise.