[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2056 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 580

104th CONGRESS

  2d Session

                                S. 2056

_______________________________________________________________________

                                 A BILL

     To prohibit employment discrimination on the basis of sexual 
                              orientation.

_______________________________________________________________________

                           September 5, 1996

          Read twice and ordered to be placed on the calendar





                                                       Calendar No. 580
104th CONGRESS
  2d Session
                                S. 2056

     To prohibit employment discrimination on the basis of sexual 
                              orientation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 1996

 Mr. Kennedy (for himself, Mr. Jeffords, and Mr. Lieberman) introduced 
 the following bill; which was read twice and ordered to be placed on 
                              the calendar

_______________________________________________________________________

                                 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 Nondiscrimination Act of 
1996''.

SEC. 2. 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. DEFINITIONS.

    As used in this Act:
            (1) Commission.--The term ``Commission'' means the Equal 
        Employment Opportunity Commission.
            (2) Covered entity.--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-16(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)(1) 
        of the Congressional Accountability Act of 1995 (2 U.S.C. 
        1311(a)(1)) applies.
            (3) Employee.--The term ``employee'' means an employee, as 
        defined in section 701(f) of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e(f)), an employee or applicant to whom section 
        717(a) of the Civil Rights Act of 1964 applies, a Presidential 
        appointee or State employee to whom section 302(a)(1) of the 
        Government Employee Rights Act of 1991 applies, and a covered 
        employee to whom section 201(a)(1) of the Congressional 
        Accountability Act of 1995 applies. The term ``employee'' does 
        not include an individual who volunteers to perform services if 
        the individual receives no compensation for such services.
            (4) Employer.--the term ``employer'' means a person engaged 
        in an industry affecting commerce (as defined in section 701(h) 
        of the Civil Rights Act of 1964 (42 U.S.C. 2000e(h))) who has 
        15 or more employees for each working day in each of 20 or more 
        calendar weeks in the current or preceding calendar year, and 
        any agent of such a person, but such term does not include a 
        bona fide private membership club (other than a labor 
        organization) that is exempt from taxation under section 501(c) 
        of the Internal Revenue Code of 1986.
            (5) Employment agency.--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)).
            (6) Employment or employment opportunities.--Except as 
        provided in section 9(a)(1), 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.
            (7) Individual.--The term ``individual'' includes an 
        employee.
            (8) Labor organization.--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)).
            (9) Person.--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)).
            (10) Religious organization.--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.
            (11) Sexual orientation.--The term ``sexual orientation'' 
        means homosexuality, bisexuality, or heterosexuality, whether 
        such orientation is real or perceived.
            (12) State.--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)).

SEC. 4. DISCRIMINATION PROHIBITED.

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

SEC. 5. BENEFITS.

    This Act does not apply to the provision of employee benefits to an 
individual for the benefit of such individual's partner.

SEC. 6. 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. 7. 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. 8. RELIGIOUS EXEMPTION.

    (a) In General.--Except as provided in subsection (b), this Act 
shall not apply to a religious organization.
    (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. 9. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' 
              PREFERENCES.

    (a) Armed Forces.--
            (1) Employment or employment opportunities.--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) Armed forces.--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 a special right or 
preference for a veteran.

SEC. 10. CONSTRUCTION.

    Nothing in this Act shall be construed to prohibit a covered entity 
from enforcing rules regarding nonprivate sexual conduct, if such rules 
of conduct are designed for, and uniformly applied to, all individuals 
regardless of sexual orientation.

SEC. 11. 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, and 
                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 (2 
        U.S.C. 1202(a)(1)), 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 (2 U.S.C. 1301) 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 (2 U.S.C. 1311(a)(1));
            (4) the Attorney General 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, and 
                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) a court of the United States shall have the same 
        jurisdiction and powers as such court has 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, and 
                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 (2 
                U.S.C. 1301 et seq.) 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 
title 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 the Congressional Accountability Act of 
        1995 (2 U.S.C. 1311(a)(1)) 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 
a covered employee (as defined in section 101 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1301)) for a violation of this 
Act, title III of the Congressional Accountability Act of 1995 (2 
U.S.C. 1381 et seq.) shall apply in the same manner as such title 
applies with respect to a claim alleged by such a covered employee for 
a violation of section 201(a)(1) of such Act.

SEC. 12. FEDERAL AND STATE IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the eleventh 
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. 13. ATTORNEYS' FEES.

    In any action or administrative proceeding commenced pursuant to 
this Act, an entity described in section 11(a), 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 fees, expenses and 
costs described in the preceding sentence to the same extent as a 
private person.

SEC. 14. 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 such individual's having exercised, enjoyed, assisted, or 
encouraged the exercise or enjoyment of, any right granted or protected 
by this Act.

SEC. 15. 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. 16. REGULATIONS.

    (a) In General.--Except as provided in subsections (b) and (c), the 
Commission shall have authority to issue regulations to carry out this 
Act.
    (b) Librarian of Congress.--The Librarian of Congress shall have 
authority to issue regulations to carry out this Act with respect to 
employees of the Library of Congress.
    (c) Board.--The Board referred to in section 11(a)(3) shall have 
authority to issue regulations to carry out this Act, in accordance 
with section 304 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1384), with respect to covered employees to which section 
201(a)(1) of such Act applies (2 U.S.C. 1311(a)(1)).

SEC. 17. 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. 18. 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 by such invalidity.

SEC. 19. EFFECTIVE DATE.

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