[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1863 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1863

     To prohibit employment discrimination on the basis of sexual 
                              orientation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 1995

Mr. Studds (for himself, Mr. Frank of Massachusetts, Mrs. Morella, Mr. 
Torkildsen, Mr. Abercrombie, Mr. Ackerman, Mr. Boehlert, Mr. Flanagan, 
Mr. Baldacci, Mr. Barrett of Wisconsin, Mr. Gilman, Mr. Gunderson, Mr. 
  Becerra, Mr. Beilenson, Mr. Horn, Mrs. Johnson of Connecticut, Mr. 
Berman, Mr. Bonior, Mrs. Kelly, Mr. Shays, Mr. Brown of California, Mr. 
Cardin, Mr. Clay, Mrs. Clayton, Mr. Clyburn, Mr. Coleman, Miss Collins 
  of Michigan, Mr. Conyers, Mr. Coyne, Mr. DeFazio, Ms. DeLauro, Mr. 
Dellums, Mr. Deutsch, Mr. Dicks, Mr. Dixon, Mr. Durbin, Mr. Engel, Ms. 
Eshoo, Mr. Evans, Mr. Faleomavaega, Mr. Farr, Mr. Fazio of California, 
  Mr. Filner, Mr. Flake, Mr. Foglietta, Ms. Furse, Mr. Gejdenson, Mr. 
   Gonzalez, Mr. Gutierrez, Ms. Harman, Mr. Hastings of Florida, Mr. 
 Hinchey, Mr. Hoyer, Ms. Jackson-Lee, Mr. Jefferson, Ms. Eddie Bernice 
 Johnson of Texas, Mr. Kennedy of Massachusetts, Mr. Kennedy of Rhode 
Island, Mrs. Kennelly, Mr. Kildee, Mr. Lantos, Mr. Levin, Mr. Lewis of 
    Georgia, Ms. Lofgren, Mrs. Lowey, Mrs. Maloney, Mr. Markey, Mr. 
 Martinez, Mr. Matsui, Ms. McCarthy, Mr. McDermott, Ms. McKinney, Mr. 
 Meehan, Mrs. Meek of Florida, Mr. Menendez, Mr. Mfume, Mr. Miller of 
 California, Mr. Mineta, Mrs. Mink of Hawaii, Mr. Moran, Mr. Moakley, 
   Mr. Nadler, Mr. Neal of Massachusetts, Ms. Norton, Mr. Olver, Mr. 
 Owens, Mr. Pallone, Mr. Pastor, Mr. Payne of New Jersey, Ms. Pelosi, 
  Mr. Rangel, Mr. Reed, Mr. Reynolds, Mr. Richardson, Ms. Rivers, Ms. 
   Roybal-Allard, Mr. Rush, Mr. Sabo, Mr. Sanders, Mr. Sawyer, Mrs. 
  Schroeder, Mr. Schumer, Mr. Serrano, Ms. Slaughter, Mr. Stark, Mr. 
  Thompson, Mr. Torres, Mr. Torricelli, Mr. Towns, Mr. Traficant, Mr. 
 Underwood, Ms. Velazquez, Ms. Waters, Mr. Watt of North Carolina, Mr. 
Waxman, Ms. Woolsey, Mr. Wyden, Mr. Wynn, and Mr. Yates) introduced the 
  following bill; which was referred to the Committee on Economic and 
 Educational Opportunities, and in addition to the Committees on House 
 Oversight, Government Reform and Oversight, and the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 
1995''.

SEC. 2. 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. 3. BENEFITS.

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

SEC. 4. 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. 5. 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. 6. 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 with respect to 
employment and employment opportunities that relate to any employment 
position that pertains solely to a religious organization's for-profit 
activities subject to taxation under section 511(a) of the Internal 
Revenue Code of 1986.

SEC. 7. NONAPPLICATION 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. 8. ENFORCEMENT.

    (a) Enforcement Powers.--With respect to the administration and 
enforcement of this Act in the case of a claim alleged by an individual 
for a violation of this Act--
            (1) the Commission shall have the same powers as the 
        Commission has to administer and enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government 
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 
                1204),
        in the case of a claim alleged by such individual for a 
        violation of such title or of section 302(a)(1) of such Act, 
        respectively,
            (2) the Librarian of Congress shall have the same powers as 
        the Librarian of Congress has to administer and enforce title 
        VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
        in the case of a claim alleged by such individual for a 
        violation of such title,
            (3) the Board (as defined in section 101 of the 
        Congressional Accountability Act of 1995 (Public Law 104-1; 109 
        Stat. 3) shall have the same powers as the Board has to 
        administer and enforce the Congressional Accountability Act of 
        1995 in the case of a claim alleged by such individual for a 
        violation of section 201(a)(1) of such Act,
            (4) the Attorney General of the United States shall have 
        the same powers as the Attorney General has to administer and 
        enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government 
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 
                1204),
        in the case of a claim alleged by such individual for a 
        violation of such title or of section 302(a)(1) of such Act, 
        respectively, and
            (5) the courts of the United States shall have the same 
        jurisdiction and powers as such courts have to enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.) in the case of a claim alleged by 
                such individual for a violation of such title,
                    (B) sections 302, 303, and 304 of the Government 
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) 
                in the case of a claim alleged by such individual for a 
                violation of section 302(a)(1) of such Act, and
                    (C) the Congressional Accountability Act of 1995 
                (Public Law 104-1; 109 Stat. 3) in the case of a claim 
                alleged by such individual for a violation of section 
                201(a)(1) of such Act.
    (b) Procedures and Remedies.--The procedures and remedies 
applicable to a claim alleged by an individual for a violation of this 
Act are--
            (1) the procedures and remedies applicable for a violation 
        of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e 
        et seq.) in the case of a claim alleged by such individual for 
        a violation of such title,
            (2) the procedures and remedies applicable for a violation 
        of section 302(a)(1) of the Government Employee Rights Act of 
        1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by 
        such individual for a violation of such section, and
            (3) the procedures and remedies applicable for a violation 
        of section 201(a)(1) of Congressional Accountability Act of 
        1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim 
        alleged by such individual for a violation of such section.
    (c) Other Applicable Provisions.--With respect to claims alleged by 
covered employees (as defined in section 101 of the Congressional 
Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for 
violations of this Act, title III of the Congressional Accountability 
Act of 1995 shall apply in the same manner as such title applies with 
respect to a claims alleged by such covered employees for violations of 
section 201(a)(1) of such Act.

SEC. 9. STATE AND FEDERAL IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the eleventh 
article of 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 (excluding punitive damages) 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. 10. 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 attorney's 
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. 11. 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 granted or protected 
by this Act.

SEC. 12. 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. 13. REGULATIONS.

    The Commission shall have authority to issue regulations to carry 
out this Act.
SEC. 14. 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. 15. 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. 16. 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. 17. DEFINITIONS.

    As used in this Act:
            (1) The term ``Commission'' means the Equal Employment 
        Opportunity Commission.
            (2) 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 to which section 302(a)(1) of the Government Employee 
        Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an 
        employing authority to which section 201(a) of the 
        Congressional Accountability Act of 1995 (Public Law 104-1; 109 
        Stat. 3) applies.
            (3) 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)).
            (4) 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)).
            (5) 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.
            (6) 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)).
            (7) 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)).
            (8) 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.
            (9) The term ``sexual orientation'' means homosexuality, 
        bisexuality, or heterosexuality, whether such orientation is 
        real or perceived.
            (10) 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)).
                                 <all>