[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1907 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1907

 To prohibit employment discrimination against parents and those with 
           parental responsibilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 1999

  Mr. Dodd  (by request) (for himself and Mr. Kennedy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To prohibit employment discrimination against parents and those with 
           parental responsibilities, and for other purposes.

    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 ``Ending Discrimination Against 
Parents Act of 1999''.

SEC. 2. FINDINGS.

    (a) In 1998, thirty-eight percent of all United States workers had 
children under 18.
    (b) The vast majority of Americans with children under 18 are 
employed.
    (c) Federal law protects working parents from employment 
discrimination in a number of important areas. For instance, title VII 
of the Civil Rights Act of 1964 prohibits discrimination against 
workers on the basis of sex; the Americans with Disabilities Act of 
1990 prohibits discrimination against workers on the basis of 
disability; and the Pregnancy Discrimination Act of 1978 prohibits 
discrimination against workers on the basis of pregnancy. Also, the 
Family and Medical Leave Act of 1993 provides covered workers with job 
protection when they take time off for certain family responsibilities.
    (d) However, no existing Federal statute protects all workers from 
employment discrimination on the basis of their status as parents.
    (e) Such discrimination against parents occurs where, for example, 
employers refuse to hire or promote both men and women who are parents 
based on unwarranted stereotypes or overbroad assumptions about their 
level of commitment to the workforce.
    (f) Such discrimination has occurred in the workplace and has been 
largely unremedied.
    (g) Such discrimination occurs in both the private and the public 
sectors.
    (h) Such discrimination--
            (1) reduces the income earned by families who rely on the 
        wages of working parents to make ends meet;
            (2) prevents the best use of available labor resources;
            (3) has been spread and perpetuated, through commerce and 
        the channels and instrumentalities of commerce, among the 
        workers of several States;
            (4) burdens commerce and the free flow of goods in 
        commerce;
            (5) constitutes an unfair method of competition in 
        commerce; and
            (6) leads to labor disputes burdening and obstructing 
        commerce and the free flow of goods in commerce.
    (i) Elimination of such discrimination would have positive effects, 
including--
            (1) solving problems in the economy created by unfair 
        discrimination against parents;
            (2) promoting stable families by enabling working parents 
        to work free from discrimination against parents; and
            (3) remedying the effects of past discrimination against 
        parents.

SEC. 3. PURPOSES.

    The purposes of this Act are--
    (a) to prohibit employers, employment agencies, and labor 
organizations from discriminating against parents and persons with 
parental responsibilities based on the assumption that they cannot 
satisfy the requirements of a particular position; and
    (b) to provide meaningful and effective remedies for employment 
discrimination against parents and persons with parental 
responsibilities.

SEC. 4. DEFINITIONS.

    In this Act:
    (a) ``Commission'' means the Equal Employment Opportunity 
Commission.
    (b) ``Complaining party'' means the Commission, the Attorney 
General, or any other person who may bring an action or proceeding 
under this Act.
    (c) ``Covered entity'' means an employer, employment agency, labor 
organization, or joint labor-management committee.
    (d) ``Demonstrates'' means meets the burdens of production and 
persuasion.
    (e)(1) the term ``employee'' means:
            (A) an individual to whom section 701(f) of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e(f)) applies;
            (B) an individual to whom section 717(a) of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies;
            (C) an individual to whom section 302(a)(1) of the 
        Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) 
        applies;
            (D) a covered employee as defined in section 101(3) of the 
        Congressional Accountability Act of 1995 (2 U.S.C. 1301(3)); 
        and
            (E) a covered employee as defined in section 411(c)(1) of 
        title 3, United States Code.
    (2) The term ``employee'' includes applicants for employment and 
former employees.
    (f)(1) The term ``employer'' means:
            (A) 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 fifteen or more employees (as defined 
        in section 701(f) of such Act (42 U.S.C. 2000e(f))) for each 
        working day in each of twenty or more calendar weeks in the 
        current or preceding calendar year, and any agent of such a 
        person;
            (B) an entity to which section 717(a) of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000e-16(a)) applies;
            (C) 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;
            (D) an employing office, as defined in section 101(9) of 
        the Congressional Accountability Act of 1995 (2 U.S.C. 
        1301(9)); and
            (E) an employing office as defined in section 411(c)(2) of 
        title 3, United States Code.
    (2) The term ``employer'' does not include a bona fide private 
membership club (other than a labor organization) that is exempt from 
taxation under section 501(c) of title 26, United States Code.
    (g) ``Employment agency'' has the meaning given that term in 
section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)).
    (h) ``Incapable of self-care'' means that the individual needs 
active assistance or supervision to provide daily self-care in three or 
more of the ``activities of daily living'' or ``instrumental activities 
of daily living.'' Activities of daily living include adaptive 
activities such as caring appropriately for one's grooming and hygiene, 
bathing, dressing, and eating. Instrumental activities of daily living 
include cooking, cleaning, shopping, taking public transportation, 
paying bills, maintaining a residence, using telephones and 
directories, using a post office, and similar activities.
    (i) ``Labor organization'' has the meaning given that term in 
sections 701(d) and (e) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e(d), (e)).
    (j) ``Office of Compliance'' has the meaning given that term in the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
    (k) ``Parent'' means a person who, with regard to an individual who 
is under the age of 18, or who is 18 or older but is incapable of self-
care because of a physical or mental disability--
            (1) has the status of--
                    (A) a biological parent;
                    (B) an adoptive parent;
                    (C) a foster parent;
                    (D) a stepparent; or
                    (E) a custodian of a legal ward;
            (2) is actively seeking legal custody or adoption; or
            (3) stands in loco parentis to such an individual.
    (l) ``Person'' has the meaning given that term in section 701(a) of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)).
    (m) ``Physical or mental disability'' means a physical or mental 
impairment that substantially limits one or more of the major life 
activities of an individual.
    (n) ``State'' has the meaning given that term in section 701(i) of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).

SEC. 5. DISCRIMINATION PROHIBITED.

    (a) Employer Practices.--It shall be an unlawful employment 
practice for an employer--
            (1) to fail or refuse to hire, or to discharge, any 
        individual, or otherwise to discriminate against any individual 
        with regard to the compensation, terms, conditions, or 
        privileges of employment of the individual, because such 
        individual is a parent; or
            (2) to limit, segregate, or classify employees in any way 
        that would deprive, or tend to deprive, any individual of 
        employment opportunities or otherwise adversely affect the 
        status of the individual as an employee, because such 
        individual is a parent.
    (b) Employment Agency Practices.--It shall be an unlawful 
employment practice for an employment agency to fail or refuse to refer 
for employment, or otherwise to discriminate against, any individual 
because such individual is a parent or to classify or refer for 
employment any individual because such individual is a parent.
    (c) Labor Organization Practices.--It shall be an unlawful 
employment practice for a labor organization--
            (1) to exclude or expel from its membership, or otherwise 
        to discriminate against, any individual because such individual 
        is a parent;
            (2) to limit, segregate, or classify its membership or 
        applicants for membership, or to classify or fail or refuse for 
        employment any individual, in any way that would deprive or 
        tend to deprive any individual of employment opportunities, or 
        would limit such employment opportunities or otherwise 
        adversely affect the status of the individual as an employee, 
        because such individual is a parent; or
            (3) to cause or attempt to cause an employer to 
        discriminate against an individual in violation of this Act.
    (d) Training Programs.--It shall be an unlawful employment practice 
for any employer, labor organization, or joint labor-management 
committee controlling apprenticeship or other training or retraining, 
including on-the-job training programs, to discriminate against any 
individual because such individual is a parent in admission to, or 
employment in, any program established to provide apprenticeship or 
other training.

SEC. 6. RETALIATION AND COERCION PROHIBITED.

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

SEC. 7. OTHER PROHIBITIONS.

    (a) Collection of Statistics.--Notwithstanding any other provision 
of this Act, the Commission shall not collect statistics from covered 
entities on their employment of parents, or compel the collection of 
such statistics by covered entities, unless such statistics are to be 
used in investigation, litigation, or resolution of a claim of 
discrimination under this Act.
    (b) Quotas.--A covered entity shall not adopt or implement a quota 
with respect to its employment of parents.

SEC. 8. MIXED MOTIVE DISCRIMINATION.

    (a) An unlawful employment practice is established under this Act 
when the complaining party demonstrates that--
            (1) an individual's status as a parent; or
            (2) retaliation, coercion, or threats against, intimidation 
        of, or interference with an individual as described in section 
        6 of this Act;
was a motivating factor for any employment practice, even though other 
factors also motivated the practice.
    (b) When an individual proves a violation under this section, and a 
respondent demonstrates that the respondent would have taken the same 
action in the absence of the prohibited motivating factor, a court or 
any other entity authorized in section 11(a) of this Act to award 
relief--
            (1) may grant declaratory relief, injunctive relief (except 
        as provided in clause (2) below), and attorney's fees and costs 
        demonstrated to be directly attributable only to the pursuit of 
        a claim under this section; and
            (2) shall not award damages or issue an order requiring any 
        admission, reinstatement, hiring, promotion, or payment.

SEC. 9. DISPARATE IMPACT.

    Notwithstanding any other provision of this Act, the fact that an 
employment practice has a disparate impact on parents, 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)), shall not establish a violation of this 
Act.

SEC. 10. DEFENSES WHERE ACTIONS TAKEN IN A FOREIGN COUNTRY.

    (a) It shall not be unlawful under this Act for a covered entity to 
take any action otherwise prohibited under this Act with respect to an 
employee in a workplace in a foreign country if compliance with this 
Act would cause such entity to violate the law of the foreign country 
in which such workplace is located.
    (b)(1) If a covered entity controls a corporation whose place of 
incorporation is a foreign country, any practice prohibited by this Act 
engaged in by such corporation shall be presumed to be engaged in by 
such covered entity.
    (2) This Act shall not apply with respect to the foreign operations 
of a corporation that is a foreign person not controlled by an American 
covered entity.
    (3) For purposes of this subsection, the determination of whether a 
covered entity controls a corporation shall be based on the factors set 
forth in section 702(c)(3) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-1(c)(3)).
    (c) This Act shall not apply to a covered entity with respect to 
the employment of aliens outside any State.

SEC. 11. ENFORCEMENT AND REMEDIES.

    (a) Incorporation of Powers, Remedies, and Procedures in Other 
Civil Rights Statutes.--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, the following statutory provisions are 
hereby incorporated, and shall, along with the provisions in subsection 
11(b), establish the powers, remedies, procedures, and jurisdiction 
that this Act provides to the Equal Employment Opportunity Commission, 
the Attorney General, the Librarian of Congress, the Office of 
Compliance and its Board of Directors, the Merit Systems Protection 
Board, the President, the courts of the United States, and/or any other 
person alleging a violation of any provision of this Act--
            (1) for individuals who are covered under title VII of the 
        Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.), 
        sections 705, 706, 707, 709, 710, 711, and 717 of that Act (42 
        U.S.C. 2000e-4, 2000e-5, 2000e-6, 2000e-8, 2000e-9 2000e-10, 
        and 2000e-16), and sections 7121, 7701, 7702, and 7703 of title 
        5, United States Code, as applicable;
            (2) for individuals who are covered under section 302(a) of 
        the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)), 
        sections 302(b)(1) and 304(b)-(e) of that Act (2 U.S.C. 
        1202(b)(1), 1220(b)-(e));
            (3) for individuals who are covered under section 101(3) of 
        the Congressional Accountability Act of 1995 (2 U.S.C. 
        1301(3)), sections 201(b)(1), 225, and 401-416 of that Act (2 
        U.S.C. 1311(b)(1), 1361, 1401-1416); and
            (4) for individuals who are covered under section 411(c)(1) 
        of title 3, United States Code, sections 411(b)(1), 435, and 
        451-456 of that title.
    (b) Additional Remedies.--
            (1) Notwithstanding any express or implied limitation on 
        the remedies incorporated by reference in subsection 11(a), and 
        except as provided in subsection (b)(2) of this section, 
        section 8, or section 12 of this Act, any covered entity that 
        violates this Act shall be liable for such compensatory damages 
        as may be appropriate and for punitive damages if the covered 
        entity engaged in a discriminatory practice of practices with 
        malice or with reckless indifference to the federally protected 
        rights of an aggrieved individual.
            (2) Notwithstanding subsection 11(b)(1),
                    (A) absent its consent to a monetary remedy, a 
                State may be liable for monetary relief only in an 
                action brought by the Attorney General in a court of 
                the United States; and
                    (B) a State shall not be liable for punitive 
                damages.
            (3) Notwithstanding any express or implied limitation on 
        the remedies incorporated by reference in subsection 11(a) or 
        included in subsection 11(b)(2) above,
                    (A) an individual may bring an action in a district 
                court of the United States for declaratory or 
                injunctive relief against any appropriate State 
                official for a violation of this Act; and
                    (B) the Attorney General may bring an action in a 
                district court of the United States for declaratory or 
                injunctive relief against any appropriate State 
                official or State for a violation of this Act.

SEC. 12. FEDERAL IMMUNITY.

    Notwithstanding any other provision of this Act, in an action or 
administrative proceeding against the United States for a violation of 
this Act, remedies (including remedies at law and in equity, and 
interest) are available for a violation to the same extent as the 
remedies are available against a private entity, except that punitive 
damages are not available.

SEC. 13. POSTING NOTICES.

    A covered entity shall post notices for individuals to whom this 
Act applies that describe 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.

    (a) In General.--Except as provided in subsections 14(b), (c), (d), 
and (e) below, 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 of the Office of Compliance shall have 
authority to issue regulations to carry out this Act, in accordance 
with sections 303 and 304 of the Congressional Accountability Act of 
1995 (2 U.S.C. 1383, 1384), with respect to covered employees as 
defined in section 101(3) of such Act (2 U.S.C. 1301(3)).
    (d) President.--The President shall have authority to issue 
regulations to carry out this Act with respect to covered employees as 
defined in section 411(c)(1) of title 3, United States Code.
    (e) Commission and Merit System Protection Board.--The Commission 
and the Merit System Protection Board shall each have authority to 
issue regulations to carry out this Act with respect to individuals 
covered by sections 7121, 7701, 7702, and 7703 of title 5, United 
States Code.

SEC. 15. RELATIONSHIP TO OTHER LAWS.

    Nothing in this Act shall affect the interpretation or application 
of, and 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 circumstances, is held to be invalid, the remainder of 
this Act and the application of such provisions to other persons and 
circumstances shall not be affected.

SEC. 17. APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.

SEC. 18. EFFECTIVE DATE.

    This Act shall take effect 180 days after enactment and shall not 
apply to conduct occurring before the effective date.
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