I

104TH CONGRESS

1ST SESSION H. R. 1863

To prohibit employment discrimination on the basis of sexual orientation.

IN THE HOUSE OF REPRESENTATIVES

JUNE 15, 1995

Mr. STUDDS (for himself, Mr. FRANK of Massachusetts, Mrs. MORELLA, Mr.

TORKILDSEN, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. BOEHLERT, Mr.

FLANAGAN, Mr. BALDACCI, Mr. BARRETT of Wisconsin, Mr. GILMAN,

Mr. GUNDERSON, Mr. BECERRA, Mr. BEILENSON, Mr. HORN, Mrs.

JOHNSON of Connecticut, Mr. BERMAN, Mr. BONIOR, Mrs. KELLY, Mr.

SHAYS, Mr. BROWN of California, Mr. CARDIN, Mr. CLAY, Mrs. CLAYTON, Mr. CLYBURN, Mr. COLEMAN, Miss COLLINS of Michigan, Mr. CONYERS, Mr. COYNE, Mr. DEFAZIO, Ms. DELAURO, Mr. DELLUMS, Mr.

DEUTSCH, Mr. DICKS, Mr. DIXON, Mr. DURBIN, Mr. ENGEL, Ms.

ESHOO, Mr. EVANS, Mr. FALEOMAVAEGA, Mr. FARR, Mr. FAZIO of California, Mr. FILNER, Mr. FLAKE, Mr. FOGLIETTA, Ms. FURSE, Mr. GEJDENSON, Mr. GONZALEZ, Mr. GUTIERREZ, Ms. HARMAN, Mr. HASTINGS

of Florida, Mr. HINCHEY, Mr. HOYER, Ms. JACKSON-LEE, Mr. JEFFERSON, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. KENNEDY of Massachusetts, Mr. KENNEDY of Rhode Island, Mrs. KENNELLY, Mr. KILDEE,

Mr. LANTOS, Mr. LEVIN, Mr. LEWIS of Georgia, Ms. LOFGREN, Mrs.

LOWEY, Mrs. MALONEY, Mr. MARKEY, Mr. MARTINEZ, Mr. MATSUI, Ms.

MCCARTHY, Mr. MCDERMOTT, Ms. MCKINNEY, Mr. MEEHAN, Mrs.

MEEK of Florida, Mr. MENENDEZ, Mr. MFUME, Mr. MILLER of California, Mr. MINETA, Mrs. MINK of Hawaii, Mr. MORAN, Mr. MOAKLEY, Mr.

NADLER, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. OLVER, Mr.

OWENS, Mr. PALLONE, Mr. PASTOR, Mr. PAYNE of New Jersey, Ms.

PELOSI, Mr. RANGEL, Mr. REED, Mr. REYNOLDS, Mr. RICHARDSON, Ms.

RIVERS, MS. ROYBAL-ALLARD, Mr. RUSH, Mr. SABO, Mr. SANDERS, Mr.

SAWYER, Mrs. SCHROEDER, Mr. SCHUMER, Mr. SERRANO, Ms. SLAUGHTER, Mr. STARK, Mr. THOMPSON, Mr. TORRES, Mr. TORRICELLI, Mr.

TOWNS, Mr. TRAFICANT, Mr. UNDERWOOD, Ms. VELA ́ZQUEZ, Ms. WATERS, Mr. WATT of North Carolina, Mr. WAXMAN, Ms. WOOLSEY, Mr.

WYDEN, Mr. WYNN, and Mr. YATES) introduced the following bill; which

was referred to the Committee on Economic and Educational Opportunities, and in addition to the Committees on House Oversight, Government

Reform and Oversight, and the Judiciary, for a period to be subsequently
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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 1995’’.

6 SEC. 2. DISCRIMINATION PROHIBITED.

7 A covered entity, in connection with employment or

8 employment opportunities, shall not—

9 (1) subject an individual to different standards

10 or treatment on the basis of sexual orientation,

11 (2) discriminate against an individual based on

12 the sexual orientation of persons with whom such in13 dividual is believed to associate or to have associ14 ated, or

15 (3) otherwise discriminate against an individual

16 on the basis of sexual orientation.
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1 SEC. 3. BENEFITS.

2 This Act does not apply to the provision of employee

3 benefits to an individual for the benefit of his or her part4 ner.

5 SEC. 4. NO DISPARATE IMPACT.

6 The fact that an employment practice has a disparate

7 impact, as the term ‘‘disparate impact’’ is used in section

8 703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–

9 2(k)), on the basis of sexual orientation does not establish

10 a prima facie violation of this Act.

11 SEC. 5. 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 SEC. 6. RELIGIOUS EXEMPTION.

19 (a) IN GENERAL.—Except as provided in subsection

20 (b), this Act shall not apply to religious organizations.

21 (b) FOR-PROFIT ACTIVITIES.—This Act shall apply

22 with respect to employment and employment opportunities

23 that relate to any employment position that pertains solely

24 to a religious organization’s for-profit activities subject to

25 taxation under section 511(a) of the Internal Revenue

26 Code of 1986.
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1 SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED

2 FORCES; VETERANS’ PREFERENCES.

3 (a) ARMED FORCES.—(1) For purposes of this Act,

4 the term ‘‘employment or employment opportunities’’ does

5 not apply to the relationship between the United States

6 and members of the Armed Forces.

7 (2) As used in paragraph (1), the term ‘‘Armed

8 Forces’’ means the Army, Navy, Air Force, Marine Corps,

9 and Coast Guard.

10 (b) VETERANS’ PREFERENCES.—This Act does not

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

12 law creating special rights or preferences for veterans.

13 SEC. 8. ENFORCEMENT.

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

15 administration and enforcement of this Act in the case of

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

17 Act—

18 (1) the Commission shall have the same powers

19 as the Commission has to administer 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, 303, and 304 of the Gov23 ernment Employee Rights Act of 1991 (2

24 U.S.C. 1202, 1203, 1204),
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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 such Act, respectively,

4 (2) the Librarian of Congress shall have the

5 same powers as the Librarian of Congress has to ad6 minister and enforce title VII of the Civil Rights Act

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

8 claim alleged by such individual for a violation of

9 such title,

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

11 Congressional Accountability Act of 1995 (Public

12 Law 104–1; 109 Stat. 3) shall have the same powers

13 as the Board has to administer and enforce the Con14 gressional Accountability Act of 1995 in the case of

15 a claim alleged by such individual for a violation of

16 section 201(a)(1) of such Act,

17 (4) the Attorney General of the United States

18 shall have the same powers as the Attorney General

19 has to administer 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, 303, and 304 of the Gov23 ernment Employee Rights Act of 1991 (2

24 U.S.C. 1202, 1203, 1204),
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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 such Act, respectively, and

4 (5) the courts of the United States shall have

5 the same jurisdiction and powers as such courts

6 have to enforce—

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

8 1964 (42 U.S.C. 2000e et seq.) in the case of

9 a claim alleged by such individual for a viola10 tion of such title,

11 (B) sections 302, 303, and 304 of the Gov12 ernment Employee Rights Act of 1991 (2

13 U.S.C. 1202, 1203, 1204) in the case of a

14 claim alleged by such individual for a violation

15 of section 302(a)(1) of such Act, and

16 (C) the Congressional Accountability Act

17 of 1995 (Public Law 104–1; 109 Stat. 3) in the

18 case of a claim alleged by such individual for a

19 violation of section 201(a)(1) of such Act.

20 (b) PROCEDURES AND REMEDIES.—The procedures

21 and remedies applicable to a claim alleged by an individual

22 for a violation of this Act are—

23 (1) the procedures and remedies applicable for

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

25 1964 (42 U.S.C. 2000e et seq.) in the case of a
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1 claim alleged by such individual for a violation of

2 such title,

3 (2) the procedures and remedies applicable for

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

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

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

7 a violation of such section, and

8 (3) the procedures and remedies applicable for

9 a violation of section 201(a)(1) of Congressional Ac10 countability Act of 1995 (Public Law 104–1; 109

11 Stat. 3) in the case of a claim alleged by such indi12 vidual for a violation of such section.

13 (c) OTHER APPLICABLE PROVISIONS.—With respect

14 to claims alleged by covered employees (as defined in sec15 tion 101 of the Congressional Accountability Act of 1995

16 (Public Law 104–1; 109 Stat. 3)) for violations of this

17 Act, title III of the Congressional Accountability Act of

18 1995 shall apply in the same manner as such title applies

19 with respect to a claims alleged by such covered employees

20 for violations of section 201(a)(1) of such Act.

21 SEC. 9. STATE AND FEDERAL IMMUNITY.

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

23 under the eleventh article of amendment to the Constitu24 tion of the United States from an action in a Federal court

25 of competent jurisdiction for a violation of this Act. In
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1 an action against a State for a violation of this Act, rem2 edies (including remedies at law and in equity) are avail3 able for the violation to the same extent as such remedies

4 are available in an action against any public or private

5 entity other than a State.

6 (b) LIABILITY OF THE UNITED STATES.—The

7 United States shall be liable for all remedies (excluding

8 punitive damages) under this Act to the same extent as

9 a private person and shall be liable to the same extent

10 as a nonpublic party for interest to compensate for delay

11 in payment.

12 SEC. 10. ATTORNEYS’ FEES.

13 In any action or administrative proceeding com14 menced pursuant to this Act, the court or the Commission,

15 in its discretion, may allow the prevailing party, other

16 than the United States, a reasonable attorney’s fee, in17 cluding expert fees and other litigation expenses, and

18 costs. The United States shall be liable for the foregoing

19 the same as a private person.

20 SEC. 11. RETALIATION AND COERCION PROHIBITED.

21 (a) RETALIATION.—A covered entity shall not dis22 criminate against an individual because such individual

23 opposed any act or practice prohibited by this Act or be24 cause such individual made a charge, assisted, testified,
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1 or participated in any manner in an investigation, proceed2 ing, or hearing under this Act.

3 (b) COERCION.—A person shall not coerce, intimi4 date, threaten, or interfere with any individual in the exer5 cise or enjoyment of, or on account of his or her having

6 exercised, enjoyed, assisted, or encouraged the exercise or

7 enjoyment of, any right granted or protected by this Act.

8 SEC. 12. POSTING NOTICES.

9 A covered entity shall post notices for employees, ap10 plicants for employment, and members describing the ap11 plicable provisions of this Act in the manner prescribed

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

13 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–10).

14 SEC. 13. REGULATIONS.

15 The Commission shall have authority to issue regula16 tions to carry out this Act.

17 SEC. 14. RELATIONSHIP TO OTHER LAWS.

18 This Act shall not invalidate or limit the rights, rem19 edies, or procedures available to an individual claiming

20 discrimination prohibited under any other Federal law or

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

22 SEC. 15. SEVERABILITY.

23 If any provision of this Act, or the application of such

24 provision to any person or circumstance, is held to be in25 valid, the remainder of this Act and the application of such
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1 provision to other persons or circumstances shall not be

2 affected thereby.

3 SEC. 16. EFFECTIVE DATE.

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

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

6 occurring before such effective date.

7 SEC. 17. DEFINITIONS.

8 As used in this Act:

9 (1) The term ‘‘Commission’’ means the Equal

10 Employment Opportunity Commission.

11 (2) The term ‘‘covered entity’’ means an em12 ployer, employment agency, labor organization, joint

13 labor management committee, an entity to which

14 section 717(a) of the Civil Rights Act of 1964 (42

15 U.S.C. 2000e(a)) applies, an employing authority to

16 which section 302(a)(1) of the Government Em17 ployee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) ap18 plies, or an employing authority to which section

19 201(a) of the Congressional Accountability Act of

20 1995 (Public Law 104–1; 109 Stat. 3) applies.

21 (3) The term ‘‘employer’’ has the meaning

22 given such term in section 701(b) of the Civil Rights

23 Act of 1964 (42 U.S.C. 2000e(b)).
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1 (4) The term ‘‘employment agency’’ has the

2 meaning given such term in section 701(c) of the

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

4 (5) The term ‘‘employment or employment op5 portunities’’ includes job application procedures, hir6 ing, advancement, discharge, compensation, job

7 training, or any other term, condition, or privilege of

8 employment.

9 (6) The term ‘‘labor organization’’ has the

10 meaning given such term in section 701(d) of the

11 Civil Rights Act of 1964 (42 U.S.C. 2000e(d)).

12 (7) The term ‘‘person’’ has the meaning given

13 such term in section 701(a) of the Civil Rights Act

14 of 1964 (42 U.S.C. 2000e(a)).

15 (8) The term ‘‘religious organization’’ means—

16 (A) a religious corporation, association, or

17 society, or

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

19 educational institution, not otherwise a religious

20 organization, if—

21 (i) it is in whole or substantial part

22 controlled, managed, owned, or supported

23 by a religious corporation, association, or

24 society, or
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1 (ii) its curriculum is directed toward

2 the propagation of a particular religion.

3 (9) The term ‘‘sexual orientation’’ means homo4 sexuality, bisexuality, or heterosexuality, whether

5 such orientation is real or perceived.

6 (10) The term ‘‘State’’ has the meaning given

7 such term in section 701(i) of the Civil Rights Act

8 of 1964 (42 U.S.C. 2000e(i)).

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