IC 

113TH CONGRESS 

1ST SESSION S. 815 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 12, 2013 

Referred to the Committee on Education and the Workforce, and in addition 

to the Committees on House Administration, Oversight and Government 

Reform, and the Committee on 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 

AN ACT 

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, 


tjames on DSK6SPTVN1PROD with BILLS
2 

S 815 RFH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Employment Non-Dis3 crimination Act of 2013’’. 

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are— 

6 (1) to address the history and persistent, wide7 spread pattern of discrimination on the bases of sex8 ual orientation and gender identity by private sector 

9 employers and local, State, and Federal Government 

10 employers; 

11 (2) to provide an explicit, comprehensive Fed12 eral prohibition against employment discrimination 

13 on the bases of sexual orientation and gender iden14 tity, including meaningful and effective remedies for 

15 any such discrimination; 

16 (3) to invoke congressional powers, including 

17 the powers to enforce the 14th Amendment to the 

18 Constitution, and to regulate interstate commerce 

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

20 in order to prohibit employment discrimination on 

21 the bases of sexual orientation and gender identity; 

22 and 

23 (4) to reinforce the Nation’s commitment to 

24 fairness and equal opportunity in the workplace con25 sistent with the fundamental right of religious free26 dom. 


tjames on DSK6SPTVN1PROD with BILLS
3 

S 815 RFH 

1 SEC. 3. DEFINITIONS. 

2 (a) IN GENERAL.—In this Act: 

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

4 means the Equal Employment Opportunity Commis5 sion. 

6 (2) COVERED ENTITY.—The term ‘‘covered en7 tity’’ means an employer, employment agency, labor 

8 organization, or joint labor-management committee. 

9 (3) DEMONSTRATES.—The term ‘‘dem10 onstrates’’ means meets the burdens of production 

11 and persuasion. 

12 (4) EMPLOYEE.— 

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

14 means— 

15 (i) an employee as defined in section 

16 701(f) of the Civil Rights Act of 1964 (42 

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

18 (ii) a State employee to which section 

19 302(a)(1) of the Government Employee 

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

21 16b(a)(1)) applies; 

22 (iii) a covered employee, as defined in 

23 section 101 of the Congressional Account24 ability Act of 1995 (2 U.S.C. 1301) or sec25 tion 411(c) of title 3, United States Code; 

26 or 


tjames on DSK6SPTVN1PROD with BILLS
4 

S 815 RFH 

1 (iv) an employee or applicant to which 

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

3 1964 (42 U.S.C. 2000e–16(a)) applies. 

4 (B) EXCEPTION.—The provisions of this 

5 Act that apply to an employee or individual 

6 shall not apply to a volunteer who receives no 

7 compensation. 

8 (5) EMPLOYER.—The term ‘‘employer’’ 

9 means— 

10 (A) a person engaged in an industry affect11 ing commerce (as defined in section 701(h) of 

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

13 2000e(h)) who has 15 or more employees (as 

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

15 paragraph (4)) for each working day in each of 

16 20 or more calendar weeks in the current or 

17 preceding calendar year, and any agent of such 

18 a person, but does not include a bona fide pri19 vate membership club (other than a labor orga20 nization) that is exempt from taxation under 

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

22 1986; 

23 (B) an employing authority to which sec24 tion 302(a)(1) of the Government Employee 

25 Rights Act of 1991 applies; 


tjames on DSK6SPTVN1PROD with BILLS
5 

S 815 RFH 

1 (C) an employing office, as defined in sec2 tion 101 of the Congressional Accountability 

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

4 States Code; or 

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

6 the Civil Rights Act of 1964 applies. 

7 (6) EMPLOYMENT AGENCY.—The term ‘‘em8 ployment agency’’ has the meaning given the term in 

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

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

11 (7) GENDER IDENTITY.—The term ‘‘gender 

12 identity’’ means the gender-related identity, appear13 ance, or mannerisms or other gender-related charac14 teristics of an individual, with or without regard to 

15 the individual’s designated sex at birth. 

16 (8) LABOR ORGANIZATION.—The term ‘‘labor 

17 organization’’ has the meaning given the term in 

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

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

20 (9) PERSON.—The term ‘‘person’’ has the 

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

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

23 (10) SEXUAL ORIENTATION.—The term ‘‘sexual 

24 orientation’’ means homosexuality, heterosexuality, 

25 or bisexuality. 


tjames on DSK6SPTVN1PROD with BILLS
6 

S 815 RFH 

1 (11) STATE.—The term ‘‘State’’ has the mean2 ing given the term in section 701(i) of the Civil 

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

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

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

6 Act of 1964— 

7 (1) to an employee or an employer shall be con8 sidered to refer to an employee (as defined in sub9 section (a)(4)) or an employer (as defined in sub10 section (a)(5)), respectively, except as provided in 

11 paragraph (2) of this subsection; and 

12 (2) to an employer in subsection (f) of that sec13 tion shall be considered to refer to an employer (as 

14 defined in subsection (a)(5)(A)). 

15 SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED. 

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

17 employment practice for an employer— 

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

19 individual, or otherwise discriminate against any in20 dividual with respect to the compensation, terms, 

21 conditions, or privileges of employment of the indi22 vidual, because of such individual’s actual or per23 ceived sexual orientation or gender identity; or 

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

25 or applicants for employment of the employer in any 


tjames on DSK6SPTVN1PROD with BILLS
7 

S 815 RFH 

1 way that would deprive or tend to deprive any indi2 vidual of employment or otherwise adversely affect 

3 the status of the individual as an employee, because 

4 of such individual’s actual or perceived sexual ori5 entation or gender identity. 

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

7 an unlawful employment practice for an employment agen8 cy to fail or refuse to refer for employment, or otherwise 

9 to discriminate against, any individual because of the ac10 tual or perceived sexual orientation or gender identity of 

11 the individual or to classify or refer for employment any 

12 individual on the basis of the actual or perceived sexual 

13 orientation or gender identity of the individual. 

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

15 an unlawful employment practice for a labor organiza16 tion— 

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

18 or otherwise to discriminate against, any individual 

19 because of the actual or perceived sexual orientation 

20 or gender identity of the individual; 

21 (2) to limit, segregate, or classify its member22 ship or applicants for membership, or to classify or 

23 fail or refuse to refer for employment any individual, 

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

25 individual of employment, or would limit such emVerDate Mar 15 2010 01:26 Nov 13, 2013 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S815.RFH S815

tjames on DSK6SPTVN1PROD with BILLS
8 

S 815 RFH 

1 ployment or otherwise adversely affect the status of 

2 the individual as an employee or as an applicant for 

3 employment because of such individual’s actual or 

4 perceived sexual orientation or gender identity; or 

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

6 discriminate against an individual in violation of this 

7 section. 

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

9 employment practice for any employer, labor organization, 

10 or joint labor-management committee controlling appren11 ticeship or other training or retraining, including on-the12 job training programs, to discriminate against any indi13 vidual because of the actual or perceived sexual orientation 

14 or gender identity of the individual in admission to, or em15 ployment in, any program established to provide appren16 ticeship or other training. 

17 (e) ASSOCIATION.—An unlawful employment practice 

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

19 considered to include an action described in that sub20 section, taken against an individual based on the actual 

21 or perceived sexual orientation or gender identity of a per22 son with whom the individual associates or has associated. 

23 (f) NO PREFERENTIAL TREATMENT OR QUOTAS.— 

24 Nothing in this Act shall be construed or interpreted to 

25 require or permit— 


tjames on DSK6SPTVN1PROD with BILLS
9 

S 815 RFH 

1 (1) any covered entity to grant preferential 

2 treatment to any individual or to any group because 

3 of the actual or perceived sexual orientation or gen4 der identity of such individual or group on account 

5 of an imbalance which may exist with respect to the 

6 total number or percentage of persons of any actual 

7 or perceived sexual orientation or gender identity 

8 employed by any employer, referred or classified for 

9 employment by any employment agency or labor or10 ganization, admitted to membership or classified by 

11 any labor organization, or admitted to, or employed 

12 in, any apprenticeship or other training program, in 

13 comparison with the total number or percentage of 

14 persons of such actual or perceived sexual orienta15 tion or gender identity in any community, State, sec16 tion, or other area, or in the available work force in 

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

18 (2) the adoption or implementation by a cov19 ered entity of a quota on the basis of actual or per20 ceived sexual orientation or gender identity. 

21 (g) NO DISPARATE IMPACT CLAIMS.—Only disparate 

22 treatment claims may be brought under this Act. 

23 (h) STANDARDS OF PROOF.—Except as otherwise 

24 provided, an unlawful employment practice is established 

25 when the complaining party demonstrates that sexual oriVerDate Mar 15 2010 01:26 Nov 13, 2013 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S815.RFH S815

tjames on DSK6SPTVN1PROD with BILLS
10 

S 815 RFH 

1 entation or gender identity was a motivating factor for any 

2 employment practice, even though other factors also moti3 vated the practice. 

4 SEC. 5. RETALIATION PROHIBITED. 

5 It shall be an unlawful employment practice for a cov6 ered entity to discriminate against an individual because 

7 such individual— 

8 (1) opposed any practice made an unlawful em9 ployment practice by this Act; or 

10 (2) made a charge, testified, assisted, or partici11 pated in any manner in an investigation, proceeding, 

12 or hearing under this Act. 

13 SEC. 6. EXEMPTION FOR RELIGIOUS ORGANIZATIONS. 

14 (a) IN GENERAL.—This Act shall not apply to a cor15 poration, association, educational institution or institution 

16 of learning, or society that is exempt from the religious 

17 discrimination provisions of title VII of the Civil Rights 

18 Act of 1964 (42 U.S.C. 2000e et seq.) pursuant to section 

19 702(a) or 703(e)(2) of such Act (42 U.S.C. 2000e–1(a), 

20 2000e–2(e)(2)) (referred to in this section as a ‘‘religious 

21 employer’’). 

22 (b) PROHIBITION ON CERTAIN GOVERNMENT AC23 TIONS.—A religious employer’s exemption under this sec24 tion shall not result in any action by a Federal agency, 

25 or any State or local agency that receives Federal funding 


tjames on DSK6SPTVN1PROD with BILLS
11 

S 815 RFH 

1 or financial assistance, to penalize or withhold licenses, 

2 permits, certifications, accreditation, contracts, grants, 

3 guarantees, tax-exempt status, or any benefits or exemp4 tions from that employer, or to prohibit the employer’s 

5 participation in programs or activities sponsored by that 

6 Federal, State, or local agency. Nothing in this subsection 

7 shall be construed to invalidate any other Federal, State, 

8 or local law (including a regulation) that otherwise applies 

9 to a religious employer exempt under this section. 

10 SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED 

11 FORCES; VETERANS’ PREFERENCES. 

12 (a) ARMED FORCES.— 

13 (1) EMPLOYMENT.—In this Act, the term ‘‘em14 ployment’’ does not apply to the relationship be15 tween the United States and members of the Armed 

16 Forces. 

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

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

19 Force, Marine Corps, and Coast Guard. 

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

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

22 law creating a special right or preference concerning em23 ployment for a veteran. 


tjames on DSK6SPTVN1PROD with BILLS
12 

S 815 RFH 

1 SEC. 8. CONSTRUCTION. 

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

3 this Act shall prohibit an employer from requiring an em4 ployee, during the employee’s hours at work, to adhere to 

5 reasonable dress or grooming standards not prohibited by 

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

7 that the employer permits any employee who has under8 gone gender transition prior to the time of employment, 

9 and any employee who has notified the employer that the 

10 employee has undergone or is undergoing gender transi11 tion after the time of employment, to adhere to the same 

12 dress or grooming standards as apply for the gender to 

13 which the employee has transitioned or is transitioning. 

14 (b) ADDITIONAL FACILITIES NOT REQUIRED.— 

15 Nothing in this Act shall be construed to require the con16 struction of new or additional facilities. 

17 SEC. 9. COLLECTION OF STATISTICS PROHIBITED. 

18 The Commission and the Secretary of Labor shall 

19 neither compel the collection of nor require the production 

20 of statistics on actual or perceived sexual orientation or 

21 gender identity from covered entities pursuant to this Act. 

22 SEC. 10. ENFORCEMENT. 

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

24 administration and enforcement of this Act in the case of 

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

26 Act— 


tjames on DSK6SPTVN1PROD with BILLS
13 

S 815 RFH 

1 (1) the Commission shall have the same powers 

2 as the Commission has to administer and enforce— 

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

4 1964 (42 U.S.C. 2000e et seq.); or 

5 (B) sections 302 and 304 of the Govern6 ment Employee Rights Act of 1991 (42 U.S.C. 

7 2000e–16b and 2000e–16c), 

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

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

10 the Government Employee Rights Act of 1991 (42 

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

12 (2) the Librarian of Congress shall have the 

13 same powers as the Librarian of Congress has to ad14 minister and enforce title VII of the Civil Rights Act 

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

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

20 1301)) shall have the same powers as the Board has 

21 to administer and enforce the Congressional Ac22 countability Act of 1995 (2 U.S.C. 1301 et seq.) in 

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

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

25 1311(a)(1)); 


tjames on DSK6SPTVN1PROD with BILLS
14 

S 815 RFH 

1 (4) the Attorney General shall have the same 

2 powers as the Attorney General has to administer 

3 and enforce— 

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

5 1964 (42 U.S.C. 2000e et seq.); or 

6 (B) sections 302 and 304 of the Govern7 ment Employee Rights Act of 1991 (42 U.S.C. 

8 2000e–16b and 2000e–16c); 

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

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

11 the Government Employee Rights Act of 1991 (42 

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

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

14 Merit Systems Protection Board shall have the same 

15 powers as the President, the Commission, and the 

16 Board, respectively, have to administer and enforce 

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

18 of a claim alleged by such individual for a violation 

19 of section 411 of such title; and 

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

21 same jurisdiction and powers as the court has to en22 force— 

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

24 1964 (42 U.S.C. 2000e et seq.) in the case of 


tjames on DSK6SPTVN1PROD with BILLS
15 

S 815 RFH 

1 a claim alleged by such individual for a viola2 tion of such title; 

3 (B) sections 302 and 304 of the Govern4 ment Employee Rights Act of 1991 (42 U.S.C. 

5 2000e–16b and 2000e–16c) in the case of a 

6 claim alleged by such individual for a violation 

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

8 2000e–16b(a)(1)); 

9 (C) the Congressional Accountability Act 

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

11 a claim alleged by such individual for a viola12 tion of section 201(a)(1) of such Act (2 U.S.C. 

13 1311(a)(1)); and 

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

15 Code, in the case of a claim alleged by such in16 dividual for a violation of section 411 of such 

17 title. 

18 (b) PROCEDURES AND REMEDIES.—Except as pro19 vided in section 4(g), the procedures and remedies applica20 ble to a claim alleged by an individual for a violation of 

21 this Act are— 

22 (1) the procedures and remedies applicable for 

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

24 1964 (42 U.S.C. 2000e et seq.) in the case of a 


tjames on DSK6SPTVN1PROD with BILLS
16 

S 815 RFH 

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 (42 U.S.C. 2000e– 

6 16b(a)(1)) in the case of a claim alleged by such in7 dividual for a violation of such section; 

8 (3) the procedures and remedies applicable for 

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

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

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

12 violation of such section; and 

13 (4) the procedures and remedies applicable for 

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

15 Code, in the case of a claim alleged by such indi16 vidual for a violation of such section. 

17 (c) OTHER APPLICABLE PROVISIONS.—With respect 

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

19 section 101 of the Congressional Accountability Act of 

20 1995 (2 U.S.C. 1301)) for a violation of this Act, title 

21 III of the Congressional Accountability Act of 1995 (2 

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

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

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

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


tjames on DSK6SPTVN1PROD with BILLS
17 

S 815 RFH 

1 (d) NO DOUBLE RECOVERY.—An individual who files 

2 claims alleging that a practice is an unlawful employment 

3 practice under this Act and an unlawful employment prac4 tice because of sex under title VII of the Civil Rights Act 

5 of 1964 (42 U.S.C. 2000e et seq.) shall not be permitted 

6 to recover damages for such practice under both of— 

7 (1) this Act; and 

8 (2) section 1977A of the Revised Statutes (42 

9 U.S.C. 1981a) and title VII of the Civil Rights Act 

10 of 1964. 

11 (e) MOTIVATING FACTOR DECISIONS.—On a claim in 

12 which an individual proved a violation under section 4(h) 

13 and a respondent demonstrates that the respondent would 

14 have taken the same action in the absence of the imper15 missible motivating factor, the court— 

16 (1) may grant declaratory relief, injunctive re17 lief (except as provided in paragraph (2)), and attor18 ney’s fees and costs demonstrated to be directly at19 tributable only to the pursuit of a claim under sec20 tion 4(h); and 

21 (2) shall not award damages or issue an order 

22 requiring any admission, reinstatement, hiring, pro23 motion, or payment. 


tjames on DSK6SPTVN1PROD with BILLS
18 

S 815 RFH 

1 SEC. 11. STATE AND FEDERAL IMMUNITY. 

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

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

4 Constitution from a suit brought in a Federal court of 

5 competent jurisdiction for a violation of this Act. 

6 (b) WAIVER OF STATE IMMUNITY.— 

7 (1) IN GENERAL.— 

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

9 Federal financial assistance for any program or 

10 activity of a State shall constitute a waiver of 

11 sovereign immunity, under the 11th Amend12 ment to the Constitution or otherwise, to a suit 

13 brought by an employee or applicant for em14 ployment of that program or activity under this 

15 Act for a remedy authorized under subsection 

16 (d). 

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

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

19 given the term in section 606 of the Civil 

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

21 (2) EFFECTIVE DATE.—With respect to a par22 ticular program or activity, paragraph (1) applies to 

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

24 of enactment of this Act, on which a State first re25 ceives or uses Federal financial assistance for that 

26 program or activity. 


tjames on DSK6SPTVN1PROD with BILLS
19 

S 815 RFH 

1 (c) REMEDIES AGAINST STATE OFFICIALS.—An offi2 cial of a State may be sued in the official capacity of the 

3 official by any employee or applicant for employment who 

4 has complied with the applicable procedures of section 10, 

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

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

7 those costs authorized by section 722 of the Revised Stat8 utes (42 U.S.C. 1988). 

9 (d) REMEDIES AGAINST THE UNITED STATES AND

10 THE STATES.—Notwithstanding any other provision of 

11 this Act, in an action or administrative proceeding against 

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

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

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

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

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

17 by a private entity, except that— 

18 (1) punitive damages are not available; and 

19 (2) compensatory damages are available to the 

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

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

22 SEC. 12. ATTORNEYS’ FEES. 

23 (a) DEFINITION.—For purposes of this section, the 

24 term ‘‘decisionmaker’’ means an entity described in secVerDate Mar 15 2010 01:26 Nov 13, 2013 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S815.RFH S815

tjames on DSK6SPTVN1PROD with BILLS
20 

S 815 RFH 

1 tion 10(a) (other than paragraph (4) of such section), act2 ing in the discretion of the entity. 

3 (b) AUTHORITY.—Notwithstanding any other provi4 sion of this Act, in an action or administrative proceeding 

5 for a violation of this Act, a decisionmaker may allow the 

6 prevailing party, other than the Commission or the United 

7 States, a reasonable attorney’s fee (including expert fees) 

8 as part of the costs, to the same extent as is permitted 

9 under title VII of the Civil Rights Act of 1964 (42 U.S.C. 

10 2000e et seq.), sections 302 and 304 of the Government 

11 Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 

12 2000e–16c), the Congressional Accountability Act of 1995 

13 (2 U.S.C. 1301 et seq.), or chapter 5 of title 3, United 

14 States Code, whichever applies to the prevailing party in 

15 that action or proceeding. The Commission and the United 

16 States shall be liable for the costs to the same extent as 

17 a private person. 

18 SEC. 13. POSTING NOTICES. 

19 A covered entity who is required to post a notice de20 scribed in section 711 of the Civil Rights Act of 1964 (42 

21 U.S.C. 2000e–10) may be required to post an amended 

22 notice, including a description of the applicable provisions 

23 of this Act, in the manner prescribed by, and subject to 

24 the penalty provided under, section 711 of the Civil Rights 


tjames on DSK6SPTVN1PROD with BILLS
21 

S 815 RFH 

1 Act of 1964. Nothing in this Act shall be construed to 

2 require a separate notice to be posted. 

3 SEC. 14. REGULATIONS. 

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

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

6 issue regulations to carry out this Act. 

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

8 Congress shall have authority to issue regulations to carry 

9 out this Act with respect to employees and applicants for 

10 employment of the Library of Congress. 

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

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

13 out this Act, in accordance with section 304 of the Con14 gressional Accountability Act of 1995 (2 U.S.C. 1384), 

15 with respect to covered employees, as defined in section 

16 101 of such Act (2 U.S.C. 1301). 

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

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

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

20 United States Code, and applicants for employment as 

21 such employees. 

22 SEC. 15. RELATIONSHIP TO OTHER LAWS. 

23 This Act shall not invalidate or limit the rights, rem24 edies, or procedures available to an individual claiming 

25 discrimination prohibited under any other Federal law or 


tjames on DSK6SPTVN1PROD with BILLS
22 

S 815 RFH 

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

2 subdivision of a State. 

3 SEC. 16. SEVERABILITY. 

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

5 provision to any person or circumstance, is held to be in6 valid, the remainder of this Act and the application of the 

7 provision to any other person or circumstances shall not 

8 be affected by the invalidity. 

9 SEC. 17. EFFECTIVE DATE. 

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

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

12 not apply to conduct occurring before the effective date. 

Passed the Senate November 7, 2013. 

Attest: NANCY ERICKSON, 

Secretary. 


tjames on DSK6SPTVN1PROD with BILLS