<Li> Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer . </Li> <Li> Martin v. Wilks, 490 U.S. 755 (1989), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the Birmingham, Alabama, Fire Department, to bring suit to challenge the decree . </Li> <P> The Patterson case had attracted much criticism since it appeared to leave employees who had been 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 and that was the end to hire or a discharge on the basis of race or color . </P> <P> Congress addressed the issue by redefining the phrase "make and enforce contracts" to include "the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship ." Congress also clarified that Section 1981 applied to both governmental and private discrimination, the issue that the Supreme Court originally announced it would decide in Patterson . </P>

Section 102 and 103 of the civil rights act of 1991