I 

110TH CONGRESS 

1ST SESSION H. R. 2015 

To prohibit employment discrimination on the basis of sexual orientation 

or gender identity. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2007 

Mr. FRANK of Massachusetts (for himself, Ms. PRYCE of Ohio, Ms. BALDWIN, 

Mr. SHAYS, Mr. CROWLEY, Ms. KILPATRICK, Mrs. CAPPS, Mr. WYNN, 

Mr. CLAY, Mrs. MALONEY of New York, Mr. ACKERMAN, Mr. HONDA, 

Mr. PALLONE, Mr. LANGEVIN, Mr. PASTOR, Mr. WAXMAN, Ms. LINDA

T. SA ́NCHEZ of California, Mr. GONZALEZ, Mr. MEEHAN, Mr. ALLEN, 

Mr. FARR, Ms. MCCOLLUM of Minnesota, Mr. MCDERMOTT, Mr. EMANUEL, Mr. HINOJOSA, Mr. MORAN of Virginia, Mr. MOORE of Kansas, Mr. 

ABERCROMBIE, Mr. LEVIN, Mr. JOHNSON of Georgia, Mr. DOYLE, Ms. 

ZOE LOFGREN of California, Mr. CUMMINGS, Mr. LOEBSACK, Mr. DINGELL, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. BERMAN, Mr. 

WEXLER, Mr. RANGEL, Ms. JACKSON-LEE of Texas, Mr. SCHIFF, Mr. 

WU, Mr. VAN HOLLEN, Ms. ROS-LEHTINEN, Mr. CLEAVER, Mr. 

DOGGETT, Mr. HINCHEY, Ms. HIRONO, Mr. MATHESON, Mr. ANDREWS, 

Mr. PASCRELL, Mr. HOLT, Mr. HASTINGS of Florida, Mr. FILNER, Mr. 

MICHAUD, Mr. NADLER, Mr. MCGOVERN, Mr. CAPUANO, Mr. ENGEL, 

Mr. DELAHUNT, Mr. MARKEY, Mr. OLVER, Mr. NEAL of Massachusetts, 

Mr. DEFAZIO, Ms. NORTON, Mr. SIRES, Mr. ELLISON, and Mrs. DAVIS

of California) introduced the following bill; which was referred to the 

Committee on Education and Labor, and in addition to the Committees 

on House Administration, Oversight and Government Reform, and 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. 


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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 2007’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to provide a comprehensive Federal prohibi9 tion of employment discrimination on the basis of 

10 sexual orientation or gender identity; 

11 (2) to provide meaningful and effective rem12 edies for employment discrimination on the basis of 

13 sexual orientation or gender identity; and 

14 (3) to invoke congressional powers, including 

15 the powers to enforce the 14th amendment to the 

16 Constitution, and to regulate interstate commerce 

17 and provide for the general welfare pursuant to sec18 tion 8 of article I of the Constitution, in order to 

19 prohibit employment discrimination on the basis of 

20 sexual orientation or gender identity. 

21 SEC. 3. DEFINITIONS. 

22 (a) IN GENERAL.—In this Act: 

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

24 means the Equal Employment Opportunity Commis25 sion. 


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1 (2) COVERED ENTITY.—The term ‘‘covered en2 tity’’ means an employer, employment agency, labor 

3 organization, or joint labor-management committee. 

4 (3) EMPLOYEE.— 

5 (A) IN GENERAL.—the term ‘‘employee’’ 

6 means— 

7 (i) an employee as defined in section 

8 701(f) of the Civil Rights Act of 1964 (42 

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

10 (ii) a Presidential appointee or State 

11 employee to which section 302(a)(1) of the 

12 Government Employee Rights Act of 1991 

13 (42 U.S.C. 2000e–16(a)(1) applies; 

14 (iii) a covered employee, as defined in 

15 section 101 of the Congressional Account16 ability Act of 1995 (2 U.S.C. 1301) or sec17 tion 411(c) of title 3, United States Code; 

18 or 

19 (iv) an employee or applicant to which 

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

21 1964 (42 U.S.C. 2000e–16(a)) applies. 

22 (B) EXCEPTION.—The provisions of this 

23 Act that apply to an employee or individual 

24 shall not apply to a volunteer who receives no 

25 compensation. 


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

2 means— 

3 (A) a person engaged in an industry affect4 ing commerce (as defined in section (701)(h) of 

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

6 2000e(h)) who has 15 or more employees (as 

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

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

9 20 or more calendar weeks in the current or 

10 preceding calendar year, and any agent of such 

11 a person, but does not include a bona fide pri12 vate membership club (other than a labor orga13 nization) that is exempt from taxation under 

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

15 1986; 

16 (B) an employing authority to which sec17 tion 302(a)(1) of the Government Employee 

18 Rights Act of 1991 applies; 

19 (C) an employing office, as defined in sec20 tion 101 of the Congressional Accountability 

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

22 States Code, or; and 

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

24 the Civil Rights Act of 1964 applies. 


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1 (5) EMPLOYMENT AGENCY.—The term ‘‘em2 ployment agency’’ has the meaning given the term in 

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

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

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

6 identity’’ means the gender-related identity, appear7 ance, or mannerisms or other gender-related charac8 teristics of an individual, with or without regard to 

9 the individual’s designated sex at birth. 

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

11 organization’’ has the meaning given the term in 

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

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

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

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

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

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

18 orientation’’ means homosexuality, heterosexuality, 

19 or bisexuality. 

20 (10) STATE.—The term ‘‘State’’ has the mean21 ing given the term in section 701(i) of the Civil 

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

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

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

25 Act of 1964— 


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1 (1) to an employee or an employer shall be con2 sidered to refer to an employee (as defined in para3 graph (3)) or an employer (as defined in paragraph 

4 (4)), respectively, except as provided in paragraph 

5 (2) below; and 

6 (2) to an employer in subsection (f) of that sec7 tion shall be considered to refer to an employer (as 

8 defined in paragraph (4)(A)). 

9 SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED. 

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

11 employment practice for an employer— 

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

13 individual, or otherwise discriminate against any in14 dividual with respect to the compensation, terms, 

15 conditions, or privileges of employment of the indi16 vidual, because of such individual’s actual or per17 ceived sexual orientation or gender identity; or 

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

19 or applicants for employment of the employer in any 

20 way that would deprive or tend to deprive any indi21 vidual of employment or otherwise adversely affect 

22 the status of the individual as an employee, because 

23 of such individual’s actual or perceived sexual ori24 entation or gender identity. 


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

2 an unlawful employment practice for an employment agen3 cy to fail or refuse to refer for employment, or otherwise 

4 to discriminate against, any individual because of the ac5 tual or perceived sexual orientation or gender identity of 

6 the individual or to classify or refer for employment any 

7 individual on the basis of the actual or perceived sexual 

8 orientation or gender identity of the individual. 

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

10 an unlawful employment practice for a labor organiza11 tion— 

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

13 or otherwise to discriminate against, any individual 

14 because of the actual or perceived sexual orientation 

15 or gender identity of the individual; 

16 (2) to limit, segregate, or classify its member17 ship or applicants for membership, or to classify or 

18 fail or refuse to refer for employment any individual, 

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

20 individual of employment, or would limit such em21 ployment or otherwise adversely affect the status of 

22 the individual as an employee or as an applicant for 

23 employment because of such individual’s actual or 

24 perceived sexual orientation or gender identity; or 


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

2 discriminate against an individual in violation of this 

3 section. 

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

5 employment practice for any employer, labor organization, 

6 or joint labor-management committee controlling appren7 ticeship or other training or retraining, including on-the8 job training programs, to discriminate against any indi9 vidual because of the actual or perceived sexual orientation 

10 or gender identity of the individual in admission to, or em11 ployment in, any program established to provide appren12 ticeship or other training. 

13 (e) ASSOCIATION.—An unlawful employment practice 

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

15 considered to include an action described in that sub16 section, taken against an individual based on the actual 

17 or perceived sexual orientation or gender identity of a per18 son with whom the individual associates or has associated. 

19 (f) NO PREFERENTIAL TREATMENT OR QUOTAS.— 

20 Nothing in this Act shall be construed or interpreted to 

21 require or permit— 

22 (1) any covered entity to grant preferential 

23 treatment to any individual or to any group because 

24 of the actual or perceived sexual orientation or gen25 der identity of such individual or group on account 


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1 of an imbalance which may exist with respect to the 

2 total number or percentage of persons of any actual 

3 or perceived sexual orientation or gender identity 

4 employed by any employer, referred or classified for 

5 employment by any employment agency or labor or6 ganization, admitted to membership or classified by 

7 any labor organization, or admitted to, or employed 

8 in, any apprenticeship or other training program, in 

9 comparison with the total number or percentage of 

10 persons of such actual or perceived sexual orienta11 tion or gender identity in any community, State, sec12 tion, or other area, or in the available work force in 

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

14 (2) the adoption or implementation by a cov15 ered entity of a quota on the basis of actual or per16 ceived sexual orientation or gender identity. 

17 (g) DISPARATE IMPACT.—Only disparate treatment 

18 claims may be brought under this Act. 

19 SEC. 5. RETALIATION PROHIBITED. 

20 It shall be an unlawful employment practice for a cov21 ered entity to discriminate against an individual because 

22 such individual (1) opposed any practice made an unlawful 

23 employment practice by this Act; (2) opposed any practice 

24 that the individual reasonably believed is an unlawful em25 ployment practice under this Act; or (3) made a charge, 


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1 testified, assisted, or participated in any manner in an in2 vestigation, proceeding, or hearing under this Act. 

3 SEC. 6. EXEMPTION FOR RELIGIOUS ORGANIZATIONS. 

4 (a) IN GENERAL.—This Act shall not apply to any 

5 of the employment practices of a religious corporation, as6 sociation, educational institution, or society which has as 

7 its primary purpose religious ritual or worship or the 

8 teaching or spreading of religious doctrine or belief. 

9 (b) CERTAIN EMPLOYEES.—For any religious cor10 poration, association, educational institution, or society 

11 that is not wholly exempt under subsection (a), this Act 

12 shall not apply with respect to the employment of individ13 uals whose primary duties consist of teaching or spreading 

14 religious doctrine or belief, religious governance, super15 vision of a religious order, supervision of persons teaching 

16 or spreading religious doctrine or belief, or supervision or 

17 participation in religious ritual or worship. 

18 (c) CONFORMITY TO RELIGIOUS TENETS.—Under 

19 this Act, a religious corporation, association, educational 

20 institution, or society may require that applicants for, and 

21 employees in, similar positions conform to those religious 

22 tenets that such corporation, association, institution, or 

23 society declares significant. Under this Act, such a dec24 laration by a religious corporation, association, edu25 cational institution or society stating which of its religious 


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1 tenets are significant shall not be subject to judicial or 

2 administrative review. Any such declaration made for pur3 poses of this Act shall be admissible only for proceedings 

4 under this Act. 

5 SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED 

6 FORCES; VETERANS’ PREFERENCES. 

7 (a) ARMED FORCES.— 

8 (1) EMPLOYMENT.—In this Act, the term ‘‘em9 ployment’’ does not apply to the relationship be10 tween the United States and members of the Armed 

11 Forces. 

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

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

14 Force, Marine Corps, and Coast Guard. 

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

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

17 law creating a special right or preference concerning em18 ployment for a veteran. 

19 SEC. 8. CONSTRUCTION. 

20 (a) EMPLOYER RULES AND POLICIES.— 

21 (1) IN GENERAL.—Nothing in this Act shall be 

22 construed to prohibit a covered entity from enforcing 

23 rules and policies that do not circumvent the pur24 poses of this Act, if the rules or policies are designed 

25 for, and uniformly applied to, all individuals regardVerDate Aug 31 2005 05:36 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2015.IH H2015

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1 less of actual or perceived sexual orientation or gen2 der identity. 

3 (2) SEXUAL HARASSMENT.—Nothing in this 

4 Act shall be construed to limit a covered entity from 

5 taking adverse action against an individual because 

6 of a charge of sexual harassment against that indi7 vidual, provided that rules and policies on sexual 

8 harassment, including when adverse action is taken, 

9 are designed for, and uniformly applied to, all indi10 viduals regardless of actual or perceived sexual ori11 entation or gender identity. 

12 (3) CERTAIN SHARED FACILITIES.—Nothing in 

13 this Act shall be construed to establish an unlawful 

14 employment practice based on actual or perceived 

15 gender identity due to the denial of access to shared 

16 shower or dressing facilities in which being seen fully 

17 unclothed is unavoidable, provided that the employer 

18 provides reasonable access to adequate facilities that 

19 are not inconsistent with the employee’s gender iden20 tity as established with the employer at the time of 

21 employment or upon notification to the employer 

22 that the employee has undergone or is undergoing 

23 gender transition, whichever is later. 

24 (4) DRESS AND GROOMING STANDARDS.—Noth25 ing in this Act shall prohibit an employer from reVerDate Aug 31 2005 05:36 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2015.IH H2015

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1 quiring an employee, during the employee’s hours at 

2 work, to adhere to reasonable dress or grooming 

3 standards not prohibited by other provisions of Fed4 eral, State, or local law, provided that the employer 

5 permits any employee who has undergone gender 

6 transition prior to the time of employment, and any 

7 employee who has notified the employer that the em8 ployee has undergone or is undergoing gender tran9 sition after the time of employment, to adhere to the 

10 same dress or grooming standards for the gender to 

11 which the employee has transitioned or is 

12 transitioning. 

13 (5) ACTIONS CONDITIONED ON MARRIAGE.— 

14 Notwithstanding section 4(g), an unlawful employ15 ment practice under section 4 shall include an action 

16 described in that section that is conditioned, in a 

17 State in which a person cannot marry a person of 

18 the same sex, either on being married or being eligi19 ble to marry. 

20 (b) EMPLOYEE BENEFITS.—Nothing in this Act shall 

21 be construed to require a covered entity to treat a couple 

22 who are not married, including a same-sex couple who are 

23 not married, in the same manner as the covered entity 

24 treats a married couple for purposes of employee benefits. 

25 Notwithstanding this Act or any other provision of law, 


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1 a State or political subdivision of a State may establish 

2 rights, remedies, or procedures for the provision of em3 ployee benefits to an individual for the benefit of the do4 mestic partner of such individual. 

5 SEC. 9. COLLECTION OF STATISTICS PROHIBITED. 

6 The Commission shall not collect statistics on actual 

7 or perceived sexual orientation or gender identity from 

8 covered entities, or compel the collection of such statistics 

9 by covered entities. 

10 SEC. 10. ENFORCEMENT. 

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

12 administration and enforcement of this Act in the case of 

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

14 Act— 

15 (1) the Commission shall have the same powers 

16 as the Commission has to administer and enforce— 

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

18 1964 (42 U.S.C. 2000e et seq.); or 

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), 

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

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

24 the Government Employee Rights Act of 1991 (42 

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


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1 (2) the Librarian of Congress shall have the 

2 same powers as the Librarian of Congress has to ad3 minister and enforce title VII of the Civil Rights Act 

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

5 claim alleged by such individual for a violation of 

6 such title; 

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

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

9 1301)) shall have the same powers as the Board has 

10 to administer and enforce the Congressional Ac11 countability Act of 1995 (2 U.S.C. 1301 et seq.) in 

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

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

14 1311(a)(1)); 

15 (4) the Attorney General shall have the same 

16 powers as the Attorney General has to administer 

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

4 Merit Systems Protection Board shall have the same 

5 powers as the President, the Commission, and the 

6 Board, respectively, have to administer and enforce 

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

8 of a claim alleged by such individual for a violation 

9 of section 411 of such title; 

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

11 same jurisdiction and powers as the court has to en12 force— 

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

14 1964 (42 U.S.C. 2000e et seq.) in the case of 

15 a claim alleged by such individual for a viola16 tion of such title; 

17 (B) sections 302 and 304 of the Govern18 ment Employee Rights Act of 1991 (42 U.S.C. 

19 2000e–16b and 2000e–16c) in the case of a 

20 claim alleged by such individual for a violation 

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

22 2000e–16b(a)(1)); 

23 (C) the Congressional Accountability Act 

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

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

2 1311(a)(1)); and 

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

4 Code, in the case of a claim alleged by such in5 dividual for a violation of section 411 of such 

6 title. 

7 (b) PROCEDURES AND REMEDIES.—The procedures 

8 and remedies applicable to a claim alleged by an individual 

9 for a violation of this Act are— 

10 (1) the procedures and remedies applicable for 

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

12 1964 (42 U.S.C. 2000e et seq.) in the case of a 

13 claim alleged by such individual for a violation of 

14 such title; 

15 (2) the procedures and remedies applicable for 

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

17 Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) 

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

19 a violation of such section; 

20 (3) the procedures and remedies applicable for 

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

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

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

24 violation of such section; and 


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1 (4) the procedures and remedies applicable for 

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

3 Code, in the case of a claim alleged by such indi4 vidual for a violation of such section. 

5 (c) OTHER APPLICABLE PROVISIONS.—With respect 

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

7 section 101 of the Congressional Accountability Act of 

8 1995 (2 U.S.C. 1301)) for a violation of this Act, title 

9 III of the Congressional Accountability Act of 1995 (2 

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

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

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

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

14 SEC. 11. STATE AND FEDERAL IMMUNITY. 

15 (a) STATE IMMUNITY.—A State shall not be immune 

16 under the 11th amendment to the Constitution from a suit 

17 described in subsection (b) and brought in a Federal court 

18 of competent jurisdiction for a violation of this Act. 

19 (b) REMEDIES FOR STATE EMPLOYEES.— 

20 (1) IN GENERAL.— 

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

22 Federal financial assistance for any program or 

23 activity of a State shall constitute a waiver of 

24 sovereign immunity, under the 11th amendment 

25 to the Constitution or otherwise, to a suit 


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1 brought by an employee or applicant for em2 ployment of that program or activity under this 

3 Act for a remedy authorized under subsection 

4 (c). 

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

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

7 given the term in section 606 of the Civil 

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

9 (2) OFFICIALS.—An official of a State may be 

10 sued in the official capacity of the official by any 

11 employee or applicant for employment who has com12 plied with the applicable procedures of section 10, 

13 for equitable relief that is authorized under this Act. 

14 In such a suit the court may award to the prevailing 

15 party those costs authorized by section 722 of the 

16 Revised Statutes of the United States (42 U.S.C. 

17 1988). 

18 (3) EFFECTIVE DATE.—With respect to a par19 ticular program or activity, paragraphs (1) and (2) 

20 apply to conduct occurring on or after the day, after 

21 the date of enactment of this Act, on which a State 

22 first receives or uses Federal financial assistance for 

23 that program or activity. 

24 (c) REMEDIES AGAINST THE UNITED STATES AND

25 THE STATES.—Notwithstanding any other provision of 


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1 this Act, in an action or administrative proceeding against 

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

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

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

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

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

7 by a private entity, except that— 

8 (1) punitive damages are not available; and 

9 (2) compensatory damages are available to the 

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

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

12 SEC. 12. ATTORNEYS’ FEES. 

13 Notwithstanding any other provision of this Act, in 

14 an action or administrative proceeding for a violation of 

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

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

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

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

19 fee (including expert fees) as part of the costs. The Com20 mission and the United States shall be liable for the costs 

21 to the same extent as a private person. 

22 SEC. 13. POSTING NOTICES. 

23 A covered entity who is required to post notices de24 scribed in section 711 of the Civil Rights Act of 1964 (42 

25 U.S.C. 2000e–10) shall post notices for employees, appliVerDate Aug 31 2005 05:36 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2015.IH H2015

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1 cants for employment, and members, to whom the provi2 sions specified in section 10(b) apply, that describe the 

3 applicable provisions of this Act in the manner prescribed 

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

5 of the Civil Rights Act of 1964. 

6 SEC. 14. REGULATIONS. 

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

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

9 issue regulations to carry out this Act. 

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

11 Congress shall have authority to issue regulations to carry 

12 out this Act with respect to employees and applicants for 

13 employment of the Library of Congress. 

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

15 10(a)(3) shall have authority to issue regulations to carry 

16 out this Act, in accordance with section 304 of the Con17 gressional Accountability Act of 1995 (2 U.S.C. 1384), 

18 with respect to covered employees, as defined in section 

19 101 of such Act (2 U.S.C. 1301). 

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

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

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

23 United States Code. 


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1 SEC. 15. RELATIONSHIP TO OTHER LAWS. 

2 This Act shall not invalidate or limit the rights, rem3 edies, or procedures available to an individual claiming 

4 discrimination prohibited under any other Federal law or 

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

6 subdivision of a State. 

7 SEC. 16. SEVERABILITY. 

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

9 provision to any person or circumstance, is held to be in10 valid, the remainder of this Act and the application of the 

11 provision to any other person or circumstances shall not 

12 be affected by the invalidity. 

13 SEC. 17. EFFECTIVE DATE. 

14 This Act shall take effect 60 days after the date of 

15 the enactment of this Act and shall not apply to conduct 

16 occurring before the effective date. 

Æ 


hmoore on PRODPC68 with HMBILLS