[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1573 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1573

         To provide equal leave benefits for adoptive parents.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 20 (legislative day, October 13), 1993

   Mr. Simon introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
         To provide equal leave benefits for adoptive parents.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Leave Equity for Adoptive Families 
Act of 1993''.

SEC. 2. NONDISCRIMINATION.

    It shall be an unlawful employment practice for an employer to 
discriminate against an employee with respect to a term or condition of 
any leave benefit on the basis of the fact that a son or daughter of an 
employee is not a biological child of the employee.

SEC. 3. CIVIL ACTION.

    (a) In General.--Subject to the limitations contained in this 
section, any person may bring a civil action against an employer to 
enforce the provisions of section 2 in any appropriate court of the 
United States or in any State court of competent jurisdiction.
    (b) Timing of Commencement of Civil Action.--No civil action may be 
commenced under subsection (a) later than 1 year after the date of the 
last event that constitutes the alleged violation of section 2.
    (c) Venue.--An action brought under subsection (a) in a district 
court of the United States may be brought in any appropriate judicial 
district under section 1391 of title 28, United States Code.
    (d) Relief.--In any civil action brought under subsection (a), the 
court may--
            (1) grant as relief against any respondent that violates 
        section 2--
                    (A) any permanent or temporary injunction, 
                temporary restraining order, or other equitable relief 
                as the court determines appropriate, and
                    (B) damages in an amount equal to any wages, 
                salary, employment benefits, or other compensation 
                denied or lost to the employee bringing the action by 
                reason of the violation of section 2, plus interest on 
                the total monetary damages calculated at the prevailing 
                rate and
            (2) award to a prevailing party (other than the United 
        States) in the action a reasonable attorney's fee.

SEC. 4. CONSTRUCTION.

    Nothing in this Act shall be construed to require an employer to 
provide any leave benefit that the employer would not otherwise have 
provided to an employee with a biological child.

SEC. 5. DEFINITIONS.

    As used in this Act:
            (1) Commerce.--The terms ``commerce'' and ``industry or 
        activity affecting commerce'' mean any activity, business, or 
        industry in commerce or in which a labor dispute would hinder 
        or obstruct commerce or the free flow of commerce, and include 
        ``commerce'' and any ``industry affecting commerce'', as 
        defined in paragraphs (3) and (1), respectively, of section 120 
        of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (3) 
        and (1)).
            (2) Employ.--The term ``employ'' has the meaning given the 
        term in section 3(g) of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 203(g)).
            (3) Employee.--The term ``employee'' means any individual 
        employed by an employer.
            (4) Employer.--The term ``employer'' means any person 
        engaged in commerce or in any industry or activity affecting 
        commerce.
            (5) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to employees by 
        an employer, including health insurance, sick leave, and annual 
        leave, regardless of whether such benefits are provided by a 
        policy or practice of an employer or through an ``employee 
        welfare benefit plan'', as defined in section 3(3) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(1)).
            (6) Leave benefit.--The term ``leave benefit'' means--
                    (A) any leave provided by the employer to enable a 
                parent to prepare for the arrival of a son or daughter 
                or to care for a son or daughter;
                    (B) any right to reemployment with the employer 
                after the leave described in subparagraph (A); and
                    (C) any right to the receipt of pay or employment 
                benefits, or the accrual of seniority, during the leave 
                described in subparagraph (A).
            (7) Parent.--The term ``parent'' means the biological 
        parent, adoptive parent, prospective adoptive parent, legal 
        guardian, or stepparent, of the child.
            (8) Son or daughter.--The term ``son or daughter'' means a 
        biological or adopted child, a stepchild, a legal ward, or a 
        child placed for adoption.

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