I 

113TH CONGRESS 

1ST SESSION H. R. 1755 

To prohibit employment discrimination on the basis of sexual orientation 

or gender identity. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 25, 2013 

Mr. POLIS (for himself, Ms. ROS-LEHTINEN, Mr. GEORGE MILLER of California, Ms. PELOSI, Mr. HOYER, Mr. CONYERS, Mr. CICILLINE, Mr. 

SEAN PATRICK MALONEY of New York, Mr. POCAN, Ms. SINEMA, Mr. 

TAKANO, Mr. NADLER, Ms. LEE of California, Mr. HONDA, Mr. GRIJALVA, Ms. DEGETTE, Mr. ELLISON, Ms. LORETTA SANCHEZ of California, Mr. CASTRO of Texas, Mr. ANDREWS, Mr. COHEN, Ms. BASS, Mr. 

CONNOLLY, Mrs. BEATTY, Mr. BECERRA, Mr. COOPER, Mr. BISHOP of 

New York, Mr. COURTNEY, Mr. BLUMENAUER, Mr. CROWLEY, Ms. 

BONAMICI, Mr. CUMMINGS, Mr. BRADY of Pennsylvania, Mrs. DAVIS of 

California, Mr. BRALEY of Iowa, Mr. DEFAZIO, Mrs. CAPPS, Mr. 

CA ́RDENAS, Mr. DELANEY, Mr. CARNEY, Ms. DELAURO, Mr. CARSON of 

Indiana, Ms. DELBENE, Mr. CARTWRIGHT, Mr. DEUTCH, Ms. CASTOR of 

Florida, Mr. DINGELL, Mr. DOGGETT, Ms. CHU, Mr. DOYLE, Ms. 

DUCKWORTH, Ms. CLARKE, Ms. EDWARDS, Mr. CLAY, Mr. ENGEL, Mr. 

FARR, Mr. FATTAH, Ms. FRANKEL of Florida, Ms. FUDGE, Mr. GARCIA, 

Mr. AL GREEN of Texas, Mr. GUTIERREZ, Ms. HAHN, Ms. HANABUSA, 

Mr. HANNA, Mr. HASTINGS of Florida, Mr. HECK of Washington, Mr. 

HIGGINS, Mr. HIMES, Mr. HINOJOSA, Mr. HOLT, Mr. HORSFORD, Mr. 

HUFFMAN, Mr. ISRAEL, Ms. JACKSON LEE, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. KEATING, Mr. 

KENNEDY, Mr. KILDEE, Mr. KILMER, Mr. KIND, Mrs. KIRKPATRICK, 

Ms. KUSTER, Mr. LANGEVIN, Mr. LARSEN of Washington, Mr. LARSON

of Connecticut, Mr. LEVIN, Mr. LEWIS, Mr. LOEBSACK, Ms. LOFGREN, 

Mr. LOWENTHAL, Mrs. LOWEY, Ms. MICHELLE LUJAN GRISHAM of New 

Mexico, Mr. BEN RAY LUJA ́N of New Mexico, Mr. LYNCH, Ms. MATSUI, 

Mr. MAFFEI, Mrs. CAROLYN B. MALONEY of New York, Mr. MARKEY, 

Mr. MATHESON, Mrs. MCCARTHY of New York, Ms. MCCOLLUM, Mr. 

MCDERMOTT, Mr. MCGOVERN, Ms. MENG, Mr. MICHAUD, Ms. MOORE, 

Mr. MORAN, Mr. MURPHY of Florida, Mrs. NAPOLITANO, Ms. NORTON, 

Mr. PALLONE, Mr. PASCRELL, Mr. PAYNE, Mr. PETERS of Michigan, Mr. 

PETERS of California, Ms. PINGREE of Maine, Mr. PRICE of North Carolina, Mr. QUIGLEY, Mr. RANGEL, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. 

RYAN of Ohio, Ms. LINDA T. SA ́NCHEZ of California, Mr. SARBANES, Ms. 


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SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Mr. SCHRADER, Ms. 

SCHWARTZ, Mr. SCOTT of Virginia, Mr. SERRANO, Ms. SHEA-PORTER, 

Mr. SHERMAN, Ms. SLAUGHTER, Mr. SMITH of Washington, Ms. SPEIER, 

Mr. SWALWELL of California, Mr. TIERNEY, Ms. TITUS, Mr. TONKO, Ms. 

TSONGAS, Mr. VAN HOLLEN, Mr. VEASEY, Mr. WALZ, Ms. WASSERMAN

SCHULTZ, Ms. WATERS, Mr. WAXMAN, Mr. WELCH, Ms. WILSON of 

Florida, Mr. YARMUTH, Mr. CAPUANO, Mr. DENT, Mr. GRAYSON, Mr. 

O’ROURKE, Mr. SIRES, Mr. MCNERNEY, and Ms. BROWNLEY of California) introduced the following bill; which was referred to the Committee 

on Education and the Workforce, and in addition to the Committees on 

House Administration, Oversight and Government Reform, 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 or gender identity. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Employment Non-Dis5 crimination Act of 2013’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to address the history and persistent, wide9 spread pattern of discrimination, including unconsti10 tutional discrimination, on the bases of sexual ori11 entation and gender identity by private sector em12 ployers and local, State, and Federal government 

13 employers; 


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1 (2) to provide an explicit, comprehensive Fed2 eral prohibition against employment discrimination 

3 on the bases of sexual orientation and gender iden4 tity, including meaningful and effective remedies for 

5 any such discrimination; and 

6 (3) to invoke congressional powers, including 

7 the powers to enforce the 14th Amendment to the 

8 Constitution, and to regulate interstate commerce 

9 pursuant to section 8 of article I of the Constitution, 

10 in order to prohibit employment discrimination on 

11 the bases of sexual orientation and gender identity. 

12 SEC. 3. DEFINITIONS. 

13 (a) IN GENERAL.—In this Act: 

14 (1) COMMISSION.—The term ‘‘Commission’’ 

15 means the Equal Employment Opportunity Commis16 sion. 

17 (2) COVERED ENTITY.—The term ‘‘covered en18 tity’’ means an employer, employment agency, labor 

19 organization, or joint labor-management committee. 

20 (3) EMPLOYEE.— 

21 (A) IN GENERAL.—The term ‘‘employee’’ 

22 means— 

23 (i) an employee as defined in section 

24 701(f) of the Civil Rights Act of 1964 (42 

25 U.S.C. 2000e(f)); 


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1 (ii) a State employee to which section 

2 302(a)(1) of the Government Employee 

3 Rights Act of 1991 (42 U.S.C. 2000e– 

4 16b(a)(1)) applies; 

5 (iii) a covered employee, as defined in 

6 section 101 of the Congressional Account7 ability Act of 1995 (2 U.S.C. 1301) or sec8 tion 411(c) of title 3, United States Code; 

9 or 

10 (iv) an employee or applicant to which 

11 section 717(a) of the Civil Rights Act of 

12 1964 (42 U.S.C. 2000e–16(a)) applies. 

13 (B) EXCEPTION.—The provisions of this 

14 Act that apply to an employee or individual 

15 shall not apply to a volunteer who receives no 

16 compensation. 

17 (4) EMPLOYER.—The term ‘‘employer’’ 

18 means— 

19 (A) a person engaged in an industry affect20 ing commerce (as defined in section 701(h) of 

21 the Civil Rights Act of 1964 (42 U.S.C. 

22 2000e(h))) who has 15 or more employees (as 

23 defined in subparagraphs (A)(i) and (B) of 

24 paragraph (3)) for each working day in each of 

25 20 or more calendar weeks in the current or 


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1 preceding calendar year, and any agent of such 

2 a person, but does not include a bona fide pri3 vate membership club (other than a labor orga4 nization) that is exempt from taxation under 

5 section 501(c) of the Internal Revenue Code of 

6 1986; 

7 (B) an employing authority to which sec8 tion 302(a)(1) of the Government Employee 

9 Rights Act of 1991 applies; 

10 (C) an employing office, as defined in sec11 tion 101 of the Congressional Accountability 

12 Act of 1995 or section 411(c) of title 3, United 

13 States Code; or 

14 (D) an entity to which section 717(a) of 

15 the Civil Rights Act of 1964 applies. 

16 (5) EMPLOYMENT AGENCY.—The term ‘‘em17 ployment agency’’ has the meaning given the term in 

18 section 701(c) of the Civil Rights Act of 1964 (42 

19 U.S.C. 2000e(c)). 

20 (6) GENDER IDENTITY.—The term ‘‘gender 

21 identity’’ means the gender-related identity, appear22 ance, or mannerisms or other gender-related charac23 teristics of an individual, with or without regard to 

24 the individual’s designated sex at birth. 


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1 (7) LABOR ORGANIZATION.—The term ‘‘labor 

2 organization’’ has the meaning given the term in 

3 section 701(d) of the Civil Rights Act of 1964 (42 

4 U.S.C. 2000e(d)). 

5 (8) PERSON.—The term ‘‘person’’ has the 

6 meaning given the term in section 701(a) of the 

7 Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). 

8 (9) SEXUAL ORIENTATION.—The term ‘‘sexual 

9 orientation’’ means homosexuality, heterosexuality, 

10 or bisexuality. 

11 (10) STATE.—The term ‘‘State’’ has the mean12 ing given the term in section 701(i) of the Civil 

13 Rights Act of 1964 (42 U.S.C. 2000e(i)). 

14 (b) APPLICATION OF DEFINITIONS.—For purposes of 

15 this section, a reference in section 701 of the Civil Rights 

16 Act of 1964— 

17 (1) to an employee or an employer shall be con18 sidered to refer to an employee (as defined in sub19 section (a)(3)) or an employer (as defined in sub20 section (a)(4)), respectively, except as provided in 

21 paragraph (2) of this subsection; and 

22 (2) to an employer in subsection (f) of that sec23 tion shall be considered to refer to an employer (as 

24 defined in subsection (a)(4)(A)). 


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1 SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED. 

2 (a) EMPLOYER PRACTICES.—It shall be an unlawful 

3 employment practice for an employer— 

4 (1) to fail or refuse to hire or to discharge any 

5 individual, or otherwise discriminate against any in6 dividual with respect to the compensation, terms, 

7 conditions, or privileges of employment of the indi8 vidual, because of such individual’s actual or per9 ceived sexual orientation or gender identity; or 

10 (2) to limit, segregate, or classify the employees 

11 or applicants for employment of the employer in any 

12 way that would deprive or tend to deprive any indi13 vidual of employment or otherwise adversely affect 

14 the status of the individual as an employee, because 

15 of such individual’s actual or perceived sexual ori16 entation or gender identity. 

17 (b) EMPLOYMENT AGENCY PRACTICES.—It shall be 

18 an unlawful employment practice for an employment agen19 cy to fail or refuse to refer for employment, or otherwise 

20 to discriminate against, any individual because of the ac21 tual or perceived sexual orientation or gender identity of 

22 the individual or to classify or refer for employment any 

23 individual on the basis of the actual or perceived sexual 

24 orientation or gender identity of the individual. 


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1 (c) LABOR ORGANIZATION PRACTICES.—It shall be 

2 an unlawful employment practice for a labor organiza3 tion— 

4 (1) to exclude or to expel from its membership, 

5 or otherwise to discriminate against, any individual 

6 because of the actual or perceived sexual orientation 

7 or gender identity of the individual; 

8 (2) to limit, segregate, or classify its member9 ship or applicants for membership, or to classify or 

10 fail or refuse to refer for employment any individual, 

11 in any way that would deprive or tend to deprive any 

12 individual of employment, or would limit such em13 ployment or otherwise adversely affect the status of 

14 the individual as an employee or as an applicant for 

15 employment because of such individual’s actual or 

16 perceived sexual orientation or gender identity; or 

17 (3) to cause or attempt to cause an employer to 

18 discriminate against an individual in violation of this 

19 section. 

20 (d) TRAINING PROGRAMS.—It shall be an unlawful 

21 employment practice for any employer, labor organization, 

22 or joint labor-management committee controlling appren23 ticeship or other training or retraining, including on-the24 job training programs, to discriminate against any indi25 vidual because of the actual or perceived sexual orientation 


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1 or gender identity of the individual in admission to, or em2 ployment in, any program established to provide appren3 ticeship or other training. 

4 (e) ASSOCIATION.—An unlawful employment practice 

5 described in any of subsections (a) through (d) shall be 

6 considered to include an action described in that sub7 section, taken against an individual based on the actual 

8 or perceived sexual orientation or gender identity of a per9 son with whom the individual associates or has associated. 

10 (f) NO PREFERENTIAL TREATMENT OR QUOTAS.— 

11 Nothing in this Act shall be construed or interpreted to 

12 require or permit— 

13 (1) any covered entity to grant preferential 

14 treatment to any individual or to any group because 

15 of the actual or perceived sexual orientation or gen16 der identity of such individual or group on account 

17 of an imbalance which may exist with respect to the 

18 total number or percentage of persons of any actual 

19 or perceived sexual orientation or gender identity 

20 employed by any employer, referred or classified for 

21 employment by any employment agency or labor or22 ganization, admitted to membership or classified by 

23 any labor organization, or admitted to, or employed 

24 in, any apprenticeship or other training program, in 

25 comparison with the total number or percentage of 


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1 persons of such actual or perceived sexual orienta2 tion or gender identity in any community, State, sec3 tion, or other area, or in the available work force in 

4 any community, State, section, or other area; or 

5 (2) the adoption or implementation by a cov6 ered entity of a quota on the basis of actual or per7 ceived sexual orientation or gender identity. 

8 (g) DISPARATE IMPACT.—Only disparate treatment 

9 claims may be brought under this Act. 

10 SEC. 5. RETALIATION PROHIBITED. 

11 It shall be an unlawful employment practice for a cov12 ered entity to discriminate against an individual because 

13 such individual— 

14 (1) opposed any practice made an unlawful em15 ployment practice by this Act; or 

16 (2) made a charge, testified, assisted, or partici17 pated in any manner in an investigation, proceeding, 

18 or hearing under this Act. 

19 SEC. 6. EXEMPTION FOR RELIGIOUS ORGANIZATIONS. 

20 This Act shall not apply to a corporation, association, 

21 educational institution or institution of learning, or society 

22 that is exempt from the religious discrimination provisions 

23 of title VII of the Civil Rights Act of 1964 pursuant (42 

24 U.S.C. 2000e et seq.) to section 702(a) or 703(e)(2) of 

25 such Act (42 U.S.C. 2000e–1(a), 2000e–2(e)(2)). 


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1 SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED 

2 FORCES; VETERANS’ PREFERENCES. 

3 (a) ARMED FORCES.— 

4 (1) EMPLOYMENT.—In this Act, the term ‘‘em5 ployment’’ does not apply to the relationship be6 tween the United States and members of the Armed 

7 Forces. 

8 (2) ARMED FORCES.—In paragraph (1) the 

9 term ‘‘Armed Forces’’ means the Army, Navy, Air 

10 Force, Marine Corps, and Coast Guard. 

11 (b) VETERANS’ PREFERENCES.—This title does not 

12 repeal or modify any Federal, State, territorial, or local 

13 law creating a special right or preference concerning em14 ployment for a veteran. 

15 SEC. 8. CONSTRUCTION. 

16 (a) DRESS OR GROOMING STANDARDS.—Nothing in 

17 this Act shall prohibit an employer from requiring an em18 ployee, during the employee’s hours at work, to adhere to 

19 reasonable dress or grooming standards not prohibited by 

20 other provisions of Federal, State, or local law, provided 

21 that the employer permits any employee who has under22 gone gender transition prior to the time of employment, 

23 and any employee who has notified the employer that the 

24 employee has undergone or is undergoing gender transi25 tion after the time of employment, to adhere to the same 


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1 dress or grooming standards as apply for the gender to 

2 which the employee has transitioned or is transitioning. 

3 (b) ADDITIONAL FACILITIES NOT REQUIRED.— 

4 Nothing in this Act shall be construed to require the con5 struction of new or additional facilities. 

6 SEC. 9. COLLECTION OF STATISTICS PROHIBITED. 

7 The Commission shall neither compel the collection 

8 of nor require the production of statistics on actual or per9 ceived sexual orientation or gender identity from covered 

10 entities. 

11 SEC. 10. ENFORCEMENT. 

12 (a) ENFORCEMENT POWERS.—With respect to the 

13 administration and enforcement of this Act in the case of 

14 a claim alleged by an individual for a violation of this 

15 Act— 

16 (1) the Commission shall have the same powers 

17 as the Commission has to administer and enforce— 

18 (A) title VII of the Civil Rights Act of 

19 1964 (42 U.S.C. 2000e et seq.); or 

20 (B) sections 302 and 304 of the Govern21 ment Employee Rights Act of 1991 (42 U.S.C. 

22 2000e–16b and 2000e–16c), 

23 in the case of a claim alleged by such individual for 

24 a violation of such title, or of section 302(a)(1) of 


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1 the Government Employee Rights Act of 1991 (42 

2 U.S.C. 2000e–16b(a)(1)), respectively; 

3 (2) the Librarian of Congress shall have the 

4 same powers as the Librarian of Congress has to ad5 minister and enforce title VII of the Civil Rights Act 

6 of 1964 (42 U.S.C. 2000e et seq.) in the case of a 

7 claim alleged by such individual for a violation of 

8 such title; 

9 (3) the Board (as defined in section 101 of the 

10 Congressional Accountability Act of 1995 (2 U.S.C. 

11 1301)) shall have the same powers as the Board has 

12 to administer and enforce the Congressional Ac13 countability Act of 1995 (2 U.S.C. 1301 et seq.) in 

14 the case of a claim alleged by such individual for a 

15 violation of section 201(a)(1) of such Act (2 U.S.C. 

16 1311(a)(1)); 

17 (4) the Attorney General shall have the same 

18 powers as the Attorney General has to administer 

19 and enforce— 

20 (A) title VII of the Civil Rights Act of 

21 1964 (42 U.S.C. 2000e et seq.); or 

22 (B) sections 302 and 304 of the Govern23 ment Employee Rights Act of 1991 (42 U.S.C. 

24 2000e–16b and 2000e–16c); 


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1 in the case of a claim alleged by such individual for 

2 a violation of such title, or of section 302(a)(1) of 

3 the Government Employee Rights Act of 1991 (42 

4 U.S.C. 2000e–16b(a)(1)), respectively; 

5 (5) the President, the Commission, and the 

6 Merit Systems Protection Board shall have the same 

7 powers as the President, the Commission, and the 

8 Board, respectively, have to administer and enforce 

9 chapter 5 of title 3, United States Code, in the case 

10 of a claim alleged by such individual for a violation 

11 of section 411 of such title; and 

12 (6) a court of the United States shall have the 

13 same jurisdiction and powers as the court has to en14 force— 

15 (A) title VII of the Civil Rights Act of 

16 1964 (42 U.S.C. 2000e et seq.) in the case of 

17 a claim alleged by such individual for a viola18 tion of such title; 

19 (B) sections 302 and 304 of the Govern20 ment Employee Rights Act of 1991 (42 U.S.C. 

21 2000e–16b and 2000e–16c) in the case of a 

22 claim alleged by such individual for a violation 

23 of section 302(a)(1) of such Act (42 U.S.C. 

24 2000e–16b(a)(1)); 


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1 (C) the Congressional Accountability Act 

2 of 1995 (2 U.S.C. 1301 et seq.) in the case of 

3 a claim alleged by such individual for a viola4 tion of section 201(a)(1) of such Act (2 U.S.C. 

5 1311(a)(1)); and 

6 (D) chapter 5 of title 3, United States 

7 Code, in the case of a claim alleged by such in8 dividual for a violation of section 411 of such 

9 title. 

10 (b) PROCEDURES AND REMEDIES.—The procedures 

11 and remedies applicable to a claim alleged by an individual 

12 for a violation of this Act are— 

13 (1) the procedures and remedies applicable for 

14 a violation of title VII of the Civil Rights Act of 

15 1964 (42 U.S.C. 2000e et seq.) in the case of a 

16 claim alleged by such individual for a violation of 

17 such title; 

18 (2) the procedures and remedies applicable for 

19 a violation of section 302(a)(1) of the Government 

20 Employee Rights Act of 1991 (42 U.S.C. 2000e– 

21 16b(a)(1)) in the case of a claim alleged by such in22 dividual for a violation of such section; 

23 (3) the procedures and remedies applicable for 

24 a violation of section 201(a)(1) of the Congressional 

25 Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in 


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1 the case of a claim alleged by such individual for a 

2 violation of such section; and 

3 (4) the procedures and remedies applicable for 

4 a violation of section 411 of title 3, United States 

5 Code, in the case of a claim alleged by such indi6 vidual for a violation of such section. 

7 (c) OTHER APPLICABLE PROVISIONS.—With respect 

8 to a claim alleged by a covered employee (as defined in 

9 section 101 of the Congressional Accountability Act of 

10 1995 (2 U.S.C. 1301)) for a violation of this Act, title 

11 III of the Congressional Accountability Act of 1995 (2 

12 U.S.C. 1381 et seq.) shall apply in the same manner as 

13 such title applies with respect to a claim alleged by such 

14 a covered employee for a violation of section 201(a)(1) of 

15 such Act (2 U.S.C. 1311(a)(1)). 

16 SEC. 11. STATE AND FEDERAL IMMUNITY. 

17 (a) ABROGATION OF STATE IMMUNITY.—A State 

18 shall not be immune under the 11th Amendment to the 

19 Constitution from a suit brought in a Federal court of 

20 competent jurisdiction for a violation of this Act. 

21 (b) WAIVER OF STATE IMMUNITY.— 

22 (1) IN GENERAL.— 

23 (A) WAIVER.—A State’s receipt or use of 

24 Federal financial assistance for any program or 

25 activity of a State shall constitute a waiver of 


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1 sovereign immunity, under the 11th Amend2 ment to the Constitution or otherwise, to a suit 

3 brought by an employee or applicant for em4 ployment of that program or activity under this 

5 Act for a remedy authorized under subsection 

6 (d). 

7 (B) DEFINITION.—In this paragraph, the 

8 term ‘‘program or activity’’ has the meaning 

9 given the term in section 606 of the Civil 

10 Rights Act of 1964 (42 U.S.C. 2000d–4a). 

11 (2) EFFECTIVE DATE.—With respect to a par12 ticular program or activity, paragraph (1) applies to 

13 conduct occurring on or after the day, after the date 

14 of enactment of this Act, on which a State first re15 ceives or uses Federal financial assistance for that 

16 program or activity. 

17 (c) REMEDIES AGAINST STATE OFFICIALS.—An offi18 cial of a State may be sued in the official capacity of the 

19 official by any employee or applicant for employment who 

20 has complied with the applicable procedures of section 10, 

21 for equitable relief that is authorized under this Act. In 

22 such a suit the court may award to the prevailing party 

23 those costs authorized by section 722 of the Revised Stat24 utes (42 U.S.C. 1988). 


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1 (d) REMEDIES AGAINST THE UNITED STATES AND

2 THE STATES.—Notwithstanding any other provision of 

3 this Act, in an action or administrative proceeding against 

4 the United States or a State for a violation of this Act, 

5 remedies (including remedies at law and in equity, and 

6 interest) are available for the violation to the same extent 

7 as the remedies are available for a violation of title VII 

8 of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 

9 by a private entity, except that— 

10 (1) punitive damages are not available; and 

11 (2) compensatory damages are available to the 

12 extent specified in section 1977A(b) of the Revised 

13 Statutes (42 U.S.C. 1981a(b)). 

14 SEC. 12. ATTORNEYS’ FEES. 

15 Notwithstanding any other provision of this Act, in 

16 an action or administrative proceeding for a violation of 

17 this Act, an entity described in section 10(a) (other than 

18 paragraph (4) of such section), in the discretion of the 

19 entity, may allow the prevailing party, other than the 

20 Commission or the United States, a reasonable attorney’s 

21 fee (including expert fees) as part of the costs. The Com22 mission and the United States shall be liable for the costs 

23 to the same extent as a private person. 


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1 SEC. 13. POSTING NOTICES. 

2 A covered entity who is required to post notices de3 scribed in section 711 of the Civil Rights Act of 1964 (42 

4 U.S.C. 2000e–10) shall post notices for employees, appli5 cants for employment, and members, to whom the provi6 sions specified in section 10(b) apply, that describe the 

7 applicable provisions of this Act in the manner prescribed 

8 by, and subject to the penalty provided under, section 711 

9 of the Civil Rights Act of 1964. 

10 SEC. 14. REGULATIONS. 

11 (a) IN GENERAL.—Except as provided in subsections 

12 (b), (c), and (d), the Commission shall have authority to 

13 issue regulations to carry out this Act. 

14 (b) LIBRARIAN OF CONGRESS.—The Librarian of 

15 Congress shall have authority to issue regulations to carry 

16 out this Act with respect to employees and applicants for 

17 employment of the Library of Congress. 

18 (c) BOARD.—The Board referred to in section 

19 10(a)(3) shall have authority to issue regulations to carry 

20 out this Act, in accordance with section 304 of the Con21 gressional Accountability Act of 1995 (2 U.S.C. 1384), 

22 with respect to covered employees, as defined in section 

23 101 of such Act (2 U.S.C. 1301). 

24 (d) PRESIDENT.—The President shall have authority 

25 to issue regulations to carry out this Act with respect to 

26 covered employees, as defined in section 411(c) of title 3, 


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1 United States Code, and applicants for employment as 

2 such employees. 

3 SEC. 15. RELATIONSHIP TO OTHER LAWS. 

4 This Act shall not invalidate or limit the rights, rem5 edies, or procedures available to an individual claiming 

6 discrimination prohibited under any other Federal law or 

7 regulation or any law or regulation of a State or political 

8 subdivision of a State. 

9 SEC. 16. SEVERABILITY. 

10 If any provision of this Act, or the application of the 

11 provision to any person or circumstance, is held to be in12 valid, the remainder of this Act and the application of the 

13 provision to any other person or circumstances shall not 

14 be affected by the invalidity. 

15 SEC. 17. EFFECTIVE DATE. 

16 This Act shall take effect on the date that is 6 

17 months after the date of enactment of this Act and shall 

18 not apply to conduct occurring before the effective date. 

Æ 


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