I 

108TH CONGRESS 

1ST SESSION H. R. 3285

To prohibit employment discrimination on the basis of sexual orientation. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2003

Mr. SHAYS (for himself, Mr. FRANK of Massachusetts, Mr. GREENWOOD, Mrs. 

TAUSCHER, Mr. ABERCROMBIE, Mr. ACEVEDO-VILA ́, Mr. ACKERMAN, Mr. 

ALLEN, Mr. ANDREWS, Mr. BACA, Mr. BAIRD, Ms. BALDWIN, Mr. 

BECERRA, Mr. BELL, Ms. BERKLEY, Mr. BERMAN, Mrs. BIGGERT, Mr. 

BISHOP of Georgia, Mr. BISHOP of New York, Mr. BLUMENAUER, Mr. 

BOEHLERT, Mr. BOSWELL, Mr. BRADY of Pennsylvania, Ms. CORRINE

BROWN of Florida, Mr. BROWN of Ohio, Mrs. CAPPS, Mr. CAPUANO, Mr. 

CARDIN, Ms. CARSON of Indiana, Mr. CASE, Mrs. CHRISTENSEN, Mr. 

CLAY, Mr. CLYBURN, Mr. CONYERS, Mr. COOPER, Mr. CROWLEY, Mr. 

CUMMINGS, Mr. DAVIS of Illinois, Mr. DAVIS of Florida, Mrs. DAVIS of 

California, Mr. DEFAZIO, Ms. DEGETTE, Mr. DELAHUNT, Ms. 

DELAURO, Mr. DEUTSCH, Mr. DICKS, Mr. DINGELL, Mr. DOGGETT, Mr. 

DOOLEY of California, Mr. DOYLE, Mr. EMANUEL, Mr. ENGEL, Ms. 

ESHOO, Mr. EVANS, Mr. FALEOMAVAEGA, Mr. FARR, Mr. FILNER, Mr. 

FOLEY, Mr. FORD, Mr. FROST, Mr. GEPHARDT, Mr. GONZALEZ, Mr. 

GRIJALVA, Mr. GUTIERREZ, Ms. HARMAN, Mr. HASTINGS of Florida, Mr. 

HINCHEY, Mr. HINOJOSA, Mr. HOEFFEL, Mr. HOLT, Mr. HONDA, Ms. 

HOOLEY of Oregon, Mr. HOYER, Mr. INSLEE, Mr. ISRAEL, Mr. JACKSON

of Illinois, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Ms. EDDIE

BERNICE JOHNSON of Texas, Mrs. JONES of Ohio, Mrs. JOHNSON of 

Connecticut, Mrs. KELLY, Mr. KENNEDY of Rhode Island, Mr. KILDEE, 

Ms. KILPATRICK, Mr. KIND, Mr. KIRK, Mr. KLECZKA, Mr. KOLBE, Mr. 

KUCINICH, Mr. LAMPSON, Mr. LANGEVIN, Mr. LANTOS, Mr. LARSEN of 

Washington, Mr. LARSON of Connecticut, Mr. LEACH, Ms. LEE, Mr. 

LEVIN, Mr. LEWIS of Georgia, Ms. LOFGREN, Mrs. LOWEY, Mr. LYNCH, 

Mrs. MCCARTHY of New York, Ms. MCCARTHY of Missouri, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCNULTY, Ms. MAJETTE, 

Mrs. MALONEY, Mr. MARKEY, Mr. MATHESON, Mr. MATSUI, Mr. MEEHAN, Mr. MEEK of Florida, Mr. MEEKS of New York, Mr. MENENDEZ, 

Mr. MICHAUD, Ms. MILLENDER-MCDONALD, Mr. MILLER of North Carolina, Mr. GEORGE MILLER of California, Mr. MOORE, Mr. MORAN of Virginia, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL of Massachusetts, Ms. 

NORTON, Mr. OBERSTAR, Mr. OLVER, Mr. OSE, Mr. OWENS, Mr. 

PALLONE, Mr. PASCRELL, Mr. PASTOR, Mr. PAYNE, Ms. PELOSI, Ms. 
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PRYCE of Ohio, Mr. RANGEL, Mr. REYES, Mr. RODRIGUEZ, Ms. ROSLEHTINEN, Mr. ROTHMAN, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. SABO, 

Ms. LINDA T. SA ́NCHEZ of California, Ms. LORETTA SANCHEZ of California, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. SCOTT of Virginia, Mr. 

SERRANO, Mr. SCHIFF, Mr. SHERMAN, Mr. SIMMONS, Ms. SLAUGHTER, 

Mr. SMITH of Washington, Ms. SOLIS, Mr. STARK, Mr. STRICKLAND, Mr. 

SWEENEY, Mr. THOMPSON of Mississippi, Mr. THOMPSON of California, 

Mr. TIERNEY, Mr. TOWNS, Mr. UDALL of New Mexico, Mr. UDALL of 

Colorado, Mr. VAN HOLLEN, Ms. VELA ́ZQUEZ, Mr. VISCLOSKY, Ms. WATERS, Ms. WATSON, Mr. WATT, Mr. WAXMAN, Mr. WEINER, Mr. 

WEXLER, Ms. WOOLSEY, Mr. WU, and Mr. WYNN) introduced the following bill; which was referred to the Committee on Education and the 

Workforce, and in addition to the Committees on House Administration, 

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.

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 2003’’. 

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; 
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1 (2) to provide meaningful and effective rem2 edies for employment discrimination on the basis of 

3 sexual orientation; and 

4 (3) to invoke congressional powers, including 

5 the powers to enforce the 14th amendment to the 

6 Constitution, and to regulate interstate commerce 

7 and provide for the general welfare pursuant to sec8 tion 8 of article I of the Constitution, in order to 

9 prohibit employment discrimination on the basis of 

10 sexual orientation. 

11 SEC. 3. DEFINITIONS. 

12 (a) IN GENERAL.—In this Act: 

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

14 means the Equal Employment Opportunity Commis15 sion. 

16 (2) COVERED ENTITY.—The term ‘‘covered en17 tity’’ means an employer, employment agency, labor 

18 organization, or joint labor-management committee. 

19 (3) EMPLOYEE.—

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

21 means—

22 (i) an employee (as defined in section 

23 701(f) of the Civil Rights Act of 1964 (42 

24 U.S.C. 2000e(f)); 
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1 (ii) a Presidential appointee or State 

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

3 Government Employee Rights Act of 1991 

4 (42 U.S.C. 2000e–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) LABOR ORGANIZATION.—The term ‘‘labor 

21 organization’’ has the meaning given the term in 

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

23 U.S.C. 2000e(d)). 
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1 (7) PERSON.—The term ‘‘person’’ has the 

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

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

4 (8) RELIGIOUS ORGANIZATION.—The term ‘‘re5 ligious organization’’ means—

6 (A) a religious corporation, association, or 

7 society; or 

8 (B) a school, college, university, or other 

9 educational institution or institution of learn10 ing, if—

11 (i) the institution is in whole or sub12 stantial part controlled, managed, owned, 

13 or supported by a religion, religious cor14 poration, association, or society; or 

15 (ii) the curriculum of the institution is 

16 directed toward the propagation of a reli17 gion. 

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

19 orientation’’ means homosexuality, bisexuality, or 

20 heterosexuality, whether the orientation is real or 

21 perceived. 

22 (10) STATE.—The term ‘‘State’’ has the mean23 ing given the term in section 701(i) of the Civil 

24 Rights Act of 1964 (42 U.S.C. 2000e(i)). 
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1 (b) APPLICATION OF DEFINITIONS.—For purposes of 

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

3 Act of 1964—

4 (1) to an employee or an employer shall be con5 sidered to refer to an employee (as defined in para6 graph (3)) or an employer (as defined in paragraph 

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

8 (2); and 

9 (2) to an employer in subsection (f) of that sec10 tion shall be considered to refer to an employer (as 

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

12 SEC. 4. DISCRIMINATION PROHIBITED. 

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

14 employment practice for an employer—

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

16 individual, or otherwise to discriminate against any 

17 individual with respect to the compensation, terms, 

18 conditions, or privileges of employment of the indi19 vidual, because of such individual’s sexual orienta20 tion; or 

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

22 or applicants for employment of the employer in any 

23 way that would deprive or tend to deprive any indi24 vidual of employment or otherwise adversely affect 
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1 the status of the individual as an employee, because 

2 of such individual’s sexual orientation. 

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

4 an unlawful employment practice for an employment agen5 cy to fail or refuse to refer for employment, or otherwise 

6 to discriminate against, any individual because of the sex7 ual orientation of the individual or to classify or refer for 

8 employment any individual on the basis of the sexual ori9 entation of the individual. 

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

11 an unlawful employment practice for a labor organiza12 tion—

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

14 or otherwise to discriminate against, any individual 

15 because of the sexual orientation 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 sexual ori24 entation; 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 sexual orientation of the individual 

10 in admission to, or employment in, any program estab11 lished to provide apprenticeship or other training. 

12 (e) ASSOCIATION.—An unlawful employment practice 

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

14 considered to include an action described in that sub15 section, taken against an individual based on the sexual 

16 orientation of a person with whom the individual associ17 ates or has associated. 

18 (f) DISPARATE IMPACT.—Only disparate treatment 

19 claims may be brought under this Act. 

20 SEC. 5. RETALIATION PROHIBITED. 

21 It shall be an unlawful employment practice for a cov22 ered entity to discriminate against an individual because 

23 such individual opposed any practice made an unlawful 

24 employment practice by this Act, or because such indi25 vidual made a charge, testified, assisted, or participated 
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1 in any manner in an investigation, proceeding, or hearing 

2 under this Act. 

3 SEC. 6. BENEFITS. 

4 This Act does not apply to the provision of employee 

5 benefits to an individual for the benefit of the domestic 

6 partner of such individual. 

7 SEC. 7. COLLECTION OF STATISTICS PROHIBITED. 

8 The Commission shall not collect statistics on sexual 

9 orientation from covered entities, or compel the collection 

10 of such statistics by covered entities. 

11 SEC. 8. QUOTAS AND PREFERENTIAL TREATMENT PROHIB12 ITED. 

13 (a) QUOTAS.—A covered entity shall not adopt or im14 plement a quota on the basis of sexual orientation. 

15 (b) PREFERENTIAL TREATMENT.—A covered entity 

16 shall not give preferential treatment to an individual on 

17 the basis of sexual orientation. 

18 (c) ORDERS AND CONSENT DECREES.—Notwith19 standing any other provision of this Act, an order or con20 sent decree entered for a violation of this Act may not 

21 include a quota, or preferential treatment to an individual, 

22 based on sexual orientation. 

23 SEC. 9. RELIGIOUS EXEMPTION. 

24 This Act shall not apply to a religious organization. 
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1 SEC. 10. 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 Act 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. 11. CONSTRUCTION. 

16 (a) EMPLOYER RULES AND POLICIES.—Nothing in 

17 this Act shall be construed to prohibit a covered entity 

18 from enforcing rules and policies, if the rules or policies 

19 are designed for, and uniformly applied to, all individuals 

20 regardless of sexual orientation. 

21 (b) ASSOCIATION.—Nothing in this Act shall be con22 strued to prohibit any association, or infringe upon any 

23 right of association, guaranteed by the first amendment 

24 to the Constitution, of any nonprofit, voluntary member25 ship organization. 
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1 SEC. 12. ENFORCEMENT. 

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

3 administration and enforcement of this Act in the case of 

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

5 Act—

6 (1) the Commission shall have the same powers 

7 as the Commission has to administer and enforce—

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

9 1964 (42 U.S.C. 2000e et seq.); or 

10 (B) sections 302 and 304 of the Govern11 ment Employee Rights Act of 1991 (42 U.S.C. 

12 2000e–16b and 2000e–16c); 

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

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

15 the Government Employee Rights Act of 1991 (42 

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

17 (2) the Librarian of Congress shall have the 

18 same powers as the Librarian of Congress has to ad19 minister and enforce title VII of the Civil Rights Act 

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

21 claim alleged by such individual for a violation of 

22 such title; 

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

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

25 1301)) shall have the same powers as the Board has 

26 to administer and enforce the Congressional Ac-
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1 countability Act of 1995 (2 U.S.C. 1301 et seq.) in 

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

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

4 1311(a)(1)); 

5 (4) the Attorney General shall have the same 

6 powers as the Attorney General has to administer 

7 and enforce—

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

9 1964 (42 U.S.C. 2000e et seq.); or 

10 (B) sections 302 and 304 of the Govern11 ment Employee Rights Act of 1991 (42 U.S.C. 

12 2000e–16b and 2000e–16c); 

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

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

15 the Government Employee Rights Act of 1991 (42 

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

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

18 Merit Systems Protection Board shall have the same 

19 powers as the President, the Commission, and the 

20 Board, respectively, have to administer and enforce 

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

22 of a claim alleged by such individual for a violation 

23 of section 411 of such title; 
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1 (6) a court of the United States shall have the 

2 same jurisdiction and powers as the court has to en3 force—

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

5 1964 (42 U.S.C. 2000e et seq.) in the case of 

6 a claim alleged by such individual for a viola7 tion of such title; 

8 (B) sections 302 and 304 of the Govern9 ment Employee Rights Act of 1991 (42 U.S.C. 

10 2000e–16b and 2000e–16c) in the case of a 

11 claim alleged by such individual for a violation 

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

13 2000e–16b(a)(1)); 

14 (C) the Congressional Accountability Act 

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

16 a claim alleged by such individual for a viola17 tion of section 201(a)(1) of such Act (2 U.S.C. 

18 1311(a)(1)); and 

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

20 Code, in the case of a claim alleged by such in21 dividual for a violation of section 411 of such 

22 title. 

23 (b) PROCEDURES AND REMEDIES.—The procedures 

24 and remedies applicable to a claim alleged by an individual 

25 for a violation of this Act are—
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1 (1) the procedures and remedies applicable for 

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

3 1964 (42 U.S.C. 2000e et seq.) in the case of a 

4 claim alleged by such individual for a violation of 

5 such title; 

6 (2) the procedures and remedies applicable for 

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

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

9 16b(a)(1)) in the case of a claim alleged by such in10 dividual for a violation of such section; 

11 (3) the procedures and remedies applicable for 

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

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

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

15 violation of such section; and 

16 (4) the procedures and remedies applicable for 

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

18 Code, in the case of a claim alleged by such indi19 vidual for a violation of such section. 

20 (c) OTHER APPLICABLE PROVISIONS.—With respect 

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

22 section 101 of the Congressional Accountability Act of 

23 1995 (2 U.S.C. 1301)) for a violation of this Act, title 

24 III of the Congressional Accountability Act of 1995 (2 

25 U.S.C. 1381 et seq.) shall apply in the same manner as 
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1 such title applies with respect to a claim alleged by such 

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

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

4 (d) PROHIBITION OF AFFIRMATIVE ACTION.—Not5 withstanding any other provision of this section, affirma6 tive action for a violation of this Act may not be imposed. 

7 Nothing in this section shall prevent the granting of relief 

8 to any individual who suffers a violation of such individ9 ual’s rights provided in this Act. 

10 SEC. 13. STATE AND FEDERAL IMMUNITY. 

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

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

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

14 of competent jurisdiction for a violation of this Act. 

15 (b) REMEDIES FOR STATE EMPLOYEES.—

16 (1) IN GENERAL.—

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

18 Federal financial assistance for any program or 

19 activity of a State shall constitute a waiver of 

20 sovereign immunity, under the 11th amendment 

21 to the Constitution or otherwise, to a suit 

22 brought by an employee or applicant for em23 ployment of that program or activity under this 

24 Act for a remedy authorized under subsection 

25 (c). 
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1 (B) DEFINITION.—In this paragraph, the 

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

3 given the term in section 606 of the Civil 

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

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

6 sued in the official capacity of the official by any 

7 employee or applicant for employment who has com8 plied with the applicable procedures of section 12, 

9 for equitable relief that is authorized under this Act. 

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

11 party those costs authorized by section 722 of the 

12 Revised Statutes (42 U.S.C. 1988). 

13 (3) EFFECTIVE DATE.—With respect to a par14 ticular program or activity, paragraphs (1) and (2) 

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

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

17 first receives or uses Federal financial assistance for 

18 that program or activity. 

19 (c) REMEDIES AGAINST THE UNITED STATES AND

20 THE STATES.—Notwithstanding any other provision of 

21 this Act, in an action or administrative proceeding against 

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

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

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

25 as the remedies are available for a violation of title VII 
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1 of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 

2 by a private entity, except that—

3 (1) punitive damages are not available; and 

4 (2) compensatory damages are available to the 

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

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

7 SEC. 14. ATTORNEYS’ FEES. 

8 Notwithstanding any other provision of this Act, in 

9 an action or administrative proceeding for a violation of 

10 this Act, an entity described in section 12(a) (other than 

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

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

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

14 fee (including expert fees) as part of the costs. The Com15 mission and the United States shall be liable for the costs 

16 to the same extent as a private person. 

17 SEC. 15. POSTING NOTICES. 

18 A covered entity who is required to post notices de19 scribed in section 711 of the Civil Rights Act of 1964 (42 

20 U.S.C. 2000e–10) shall post notices for employees, appli21 cants for employment, and members, to whom the provi22 sions specified in section 12(b) apply, that describe the 

23 applicable provisions of this Act in the manner prescribed 

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

25 of the Civil Rights Act of 1964. 
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1 SEC. 16. REGULATIONS. 

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

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

4 issue regulations to carry out this Act. 

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

6 Congress shall have authority to issue regulations to carry 

7 out this Act with respect to employees and applicants for 

8 employment of the Library of Congress. 

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

10 12(a)(3) shall have authority to issue regulations to carry 

11 out this Act, in accordance with section 304 of the Con12 gressional Accountability Act of 1995 (2 U.S.C. 1384), 

13 with respect to covered employees, as defined in section 

14 101 of such Act (2 U.S.C. 1301). 

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

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

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

18 United States Code. 

19 SEC. 17. RELATIONSHIP TO OTHER LAWS. 

20 This Act shall not invalidate or limit the rights, rem21 edies, or procedures available to an individual claiming 

22 discrimination prohibited under any other Federal law or 

23 any law of a State or political subdivision of a State. 

24 SEC. 18. SEVERABILITY. 

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

26 provision to any person or circumstance, is held to be in-
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1 valid, the remainder of this Act and the application of the 

2 provision to any other person or circumstance shall not 

3 be affected by the invalidity. 

4 SEC. 19. EFFECTIVE DATE. 

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

6 enactment of this Act and shall not apply to conduct oc7 curring before the effective date.

Æ