[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 932 Introduced in Senate (IS)]
104th CONGRESS
1st Session
S. 932
To prohibit employment discrimination on the basis of sexual
orientation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15 (legislative day, June 5), 1995
Mr. Jeffords (for himself, Mr. Kennedy, Mr. Chafee, Mr. Akaka, Mr.
Bingaman, Mrs. Boxer, Mr. Bradley, Mr. Dodd, Mr. Feingold, Mrs.
Feinstein, Mr. Glenn, Mr. Harkin, Mr. Inouye, Mr. Kerrey, Mr. Kerry,
Mr. Kohl, Mr. Lautenberg, Mr. Leahy, Mr. Levin, Mr. Lieberman, Ms.
Mikulski, Ms. Moseley-Braun, Mr. Moynihan, Mrs. Murray, Mr. Packwood,
Mr. Pell, 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 Nondiscrimination Act of
1995''.
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) of
the Congressional Accountability Act of 1995 (2 U.S.C. 1311(a))
applies.
(3) Employer.--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) 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)).
(5) 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.
(6) 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)).
(7) 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)).
(8) 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.
(9) Sexual orientation.--The term ``sexual orientation''
means homosexuality, bisexuality, or heterosexuality, whether
such orientation is real or perceived.
(10) 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, in connection with employment or employment
opportunities, shall not--
(1) subject an individual to a different standard or
different treatment on the basis of sexual orientation;
(2) discriminate against an individual based on the sexual
orientation of a person 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. 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. 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,
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;
(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
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 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 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. 11. 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. 12. 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 fees, expenses and costs
described in the preceding sentence the same as a private person.
SEC. 13. 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. 14. 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. 15. REGULATIONS.
The Commission shall have authority to issue regulations to carry
out this Act.
SEC. 16. 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. 17. 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. 18. 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.
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