result of a series of controversial Supreme Court decisions: Patterson v. McLean Credit Union, , which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the "same right... to make and enforce contracts... as is enjoyed by white citizens," the language that Congress chose in passing the law in 1866. Wards Cove Packing Co. v. Atonio, , which made it more difficult for employees of Wards Cove Packing Company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. Price Waterhouse v. Hopkins, , 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. Martin v. Wilks, , 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. United Automobile Workers v. Johnson Controls, Inc., , which held that Title VII prohibits gender-specific fetal protection policies. Changes 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 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