[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2238 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2238

     To prohibit employment discrimination on the basis of sexual 
                              orientation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 23 (legislative day, June 7), 1994

  Mr. Kennedy (for himself, Mr. Chafee, Mr. Akaka, Mr. Jeffords, Mr. 
    Bingaman, Mr. Packwood, Mrs. Boxer, Mr. Bradley, Mr. Dodd, Mr. 
Feingold, Mrs. Feinstein, Mr. Glenn, Mr. Harkin, Mr. Inouye, Mr. Kerry, 
 Mr. Lautenberg, Mr. Leahy, Mr. Levin, Mr. Lieberman, Mr. Metzenbaum, 
 Ms. Mikulski, Ms. Moseley-Braun, Mr. Moynihan, Mrs. Murray, Mr. Pell, 
   Mr. Riegle, Mr. Robb, Mr. Sarbanes, Mr. Simon, and Mr. Wellstone) 
introduced the following bill; which was read twice and referred to the 
                 Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
     To prohibit employment discrimination on the basis of sexual 
                              orientation.

    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 ``Employment Non-Discrimination Act of 
1994''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) an individual's sexual orientation bears no 
        relationship to the individual's ability to contribute fully to 
        the economic and civic life of society;
            (2) historically, American society has tended to isolate, 
        stigmatize, and persecute gay men, lesbians, and bisexuals;
            (3) one of the main areas in which gay men, lesbians, and 
        bisexuals face discrimination is employment;
            (4) employment discrimination on the basis of sexual 
        orientation violates fundamental American values of equality 
        and fairness;
            (5) the continuing existence of employment discrimination 
        on the basis of sexual orientation denies gay men, lesbians, 
        and bisexuals equal opportunity in the workplace and affects 
        interstate commerce;
            (6) individuals who have experienced employment 
        discrimination on the basis of sexual orientation often lack 
        recourse under Federal law; and
            (7) gay men, lesbians, and bisexuals have historically been 
        excluded from full participation in the political process, 
        comprise a discrete and insular minority, and have historically 
        been subjected to purposeful unequal treatment based on 
        characteristics not indicative of their ability to participate 
        in or contribute to society.
    (b) Purposes.--It is the purpose of this Act--
            (1) to provide a comprehensive Federal prohibition of 
        employment discrimination on the basis of sexual orientation;
            (2) to provide meaningful and effective remedies for 
        employment discrimination on the basis of sexual orientation; 
        and
            (3) to invoke congressional powers, including the powers to 
        enforce the 14th amendment to the Constitution and to regulate 
        commerce, in order to prohibit employment discrimination on the 
        basis of sexual orientation.

SEC. 3. DISCRIMINATION PROHIBITED.

    A covered entity, in connection with employment or employment 
opportunities, shall not--
            (1) subject an individual to different standards or 
        treatment on the basis of sexual orientation;
            (2) discriminate against an individual based on the sexual 
        orientation of persons with whom such individual is believed to 
        associate or to have associated; or
            (3) otherwise discriminate against an individual on the 
        basis of sexual orientation.

SEC. 4. BENEFITS.

    This Act does not apply to the provision of employee benefits to an 
individual for the benefit of his or her partner.

SEC. 5. NO DISPARATE IMPACT.

    The fact that an employment practice has a disparate impact, as the 
term ``disparate impact'' is used in section 703(k) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation 
does not establish a prima facie violation of this Act.

SEC. 6. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.

    (a) Quotas.--A covered entity shall not adopt or implement a quota 
on the basis of sexual orientation.
    (b) Preferential Treatment.--A covered entity shall not give 
preferential treatment to an individual on the basis of sexual 
orientation.

SEC. 7. RELIGIOUS EXEMPTION.

    (a) In General.--Except as provided in subsection (b), this Act 
shall not apply to religious organizations.
    (b) For-Profit Activities.--This Act shall apply to a religious 
organization's for-profit activities subject to taxation under section 
511(a) of the Internal Revenue Code of 1986 as in effect on the date of 
the enactment of this Act.

SEC. 8. NON-APPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' 
              PREFERENCES.

    (a) Armed Forces.--
            (1) For purposes of this Act, the term ``employment or 
        employment opportunities'' does not apply to the relationship 
        between the United States and members of the Armed Forces.
            (2) As used in paragraph (1), the term ``Armed Forces'' 
        means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
    (b) Veterans' Preferences.--This Act does not repeal or modify any 
Federal, State, territorial, or local law creating special rights or 
preferences for veterans.

SEC. 9. ENFORCEMENT.

    (a) Enforcement Powers.--With respect to the administration and 
enforcement of this Act--
            (1) the Commission and the Librarian of Congress shall have 
        the same powers, respectively, as the Commission and the 
        Librarian of Congress have to administer and enforce title VII 
        of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
            (2) the Attorney General of the United States shall have 
        the same powers as the Attorney General has to administer and 
        enforce such title; and
            (3) the district courts of the United States shall have the 
        same jurisdiction and powers as such courts have to enforce 
        such title and section 309 of the Civil Rights Act of 1991 (2 
        U.S.C. 1209).
    (b) Procedures and Remedies.--The procedures and remedies 
applicable to a claim for a violation of this Act are as follows:
            (1) For a violation alleged by an individual, other than an 
        individual specified in paragraph (2) or (3), the procedures 
        and remedies applicable to a claim brought by an individual for 
        a violation of title VII of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e et seq.) shall apply.
            (2) For a violation alleged by an employee of the House of 
        Representatives or of an instrumentality of the Congress, the 
        procedures and remedies applicable to a claim by such employee 
        for a violation of section 117 of the Civil Rights Act of 1991 
        (2 U.S.C. 60l) shall apply.
            (3) For a violation alleged by an employee of the Senate, 
        the procedures and remedies applicable to a claim by such 
        employee for a violation of section 302 of the Civil Rights Act 
        of 1991 (2 U.S.C. 1202) shall apply.

SEC. 10. STATE AND FEDERAL IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the 11th 
amendment to the Constitution of the United States from an action in a 
Federal court of competent jurisdiction for a violation of this Act. In 
an action against a State for a violation of this Act, remedies 
(including remedies at law and in equity) are available for the 
violation to the same extent as such remedies are available in an 
action against any public or private entity other than a State.
    (b) Liability of the United States.--The United States shall be 
liable for all remedies under this Act to the same extent as a private 
person and shall be liable to the same extent as a nonpublic party for 
interest to compensate for delay in payment.

SEC. 11. ATTORNEYS' FEES.

    In any action or administrative proceeding commenced pursuant to 
this Act, the court or the Commission, in its discretion, may allow the 
prevailing party, other than the United States, a reasonable attorneys' 
fee, including expert fees and other litigation expenses, and costs. 
The United States shall be liable for the foregoing the same as a 
private person.

SEC. 12. RETALIATION AND COERCION PROHIBITED.

    (a) Retaliation.--A covered entity shall not discriminate against 
an individual because such individual opposed any act or practice 
prohibited by this Act or because such individual made a charge, 
assisted, testified, or participated in any manner in an investigation, 
proceeding, or hearing under this Act.
    (b) Coercion.--A person shall not coerce, intimidate, threaten, or 
interfere with any individual in the exercise or enjoyment of or on 
account of his or her having exercised, enjoyed, assisted, or 
encouraged the exercise or enjoyment of, any right protected by this 
Act.

SEC. 13. POSTING NOTICES.

    A covered entity shall post notices for employees, applicants for 
employment, and members describing the applicable provisions of this 
Act, in the manner prescribed by, and subject to the penalty provided 
under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
10).

SEC. 14. REGULATIONS.

    The Commission shall have the authority to issue regulations to 
carry out this Act.

SEC. 15. RELATIONSHIP TO OTHER LAWS.

    This Act shall not invalidate or limit the rights, remedies, or 
procedures available to an individual claiming discrimination 
prohibited under any other Federal law or any law of a State or 
political subdivision of a State.

SEC. 16. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held to be invalid, the remainder of 
this Act and the application of such provision to other persons or 
circumstances shall not be affected thereby.

SEC. 17. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment 
of this Act, and shall not apply to conduct occurring before such 
effective date.

SEC. 18. DEFINITIONS.

    As used in this Act--
            (1) the term ``commerce'' has the meaning given such term 
        in section 701(g) of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e(g));
            (2) the term ``Commission'' means the Equal Employment 
        Opportunity Commission established by section 705 of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-4);
            (3) the term ``covered entity'' means an employer, 
        employment agency, labor organization, joint labor-management 
        committee, an entity to which section 717(a) of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing 
        authority of the House of Representatives, an employing office 
        of the Senate, or an instrumentality of the Congress;
            (4) the term ``employee of the Senate'' has the meaning 
        given such term in section 301(c) of the Civil Rights Act of 
        1991 (2 U.S.C. 1201(c));
            (5) the term ``employer'' has the meaning given such term 
        in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e(b));
            (6) the term ``employment agency'' has the meaning given 
        such term in section 701(c) of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e(c));
            (7) the term ``employment or employment opportunities'' 
        includes job application procedures, hiring, advancement, 
        discharge, compensation, job training, or any other term, 
        condition, or privilege of employment;
            (8) the term ``instrumentalities of the Congress'' has the 
        meaning given such term in section 117(b)(4) of the Civil 
        Rights Act of 1991 (2 U.S.C. 60l(b)(4));
            (9) the term ``labor organization'' has the meaning given 
        such term in section 701(d) of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e(d));
            (10) the term ``person'' has the meaning given such term in 
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e(a));
            (11) the term ``religious organization'' means--
                    (A) a religious corporation, association, or 
                society; or
                    (B) a college, school, university, or other 
                educational institution, not otherwise a religious 
                organization, if--
                            (i) it is in whole or substantial part 
                        controlled, managed, owned, or supported by a 
                        religious corporation, association, or society; 
                        or
                            (ii) its curriculum is directed toward the 
                        propagation of a particular religion;
            (12) the term ``sexual orientation'' means lesbian, gay, 
        bisexual, or heterosexual orientation, real or perceived, as 
        manifested by identity, acts, statements, or associations; and
            (13) the term ``State'' has the meaning given such term in 
        section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e(i)).

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