I 

112TH CONGRESS 

1ST SESSION H. R. 1397 

To prohibit employment discrimination on the basis of sexual orientation 

or gender identity. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2011 

Mr. FRANK of Massachusetts (for himself, Ms. ROS-LEHTINEN, Mr. GEORGE

MILLER of California, Ms. PELOSI, Mr. HOYER, Mr. CONYERS, Ms. 

BALDWIN, Mr. POLIS, Mr. CICILLINE, Mr. NADLER, Mr. ANDREWS, Ms. 

RICHARDSON, Mr. DOYLE, Ms. SPEIER, Mr. HOLT, Mrs. LOWEY, Mr. PETERS, Mr. ISRAEL, Ms. CHU, Mr. WU, Ms. DEGETTE, Mr. BERMAN, Mr. 

JACKSON of Illinois, Mr. ACKERMAN, Ms. CLARKE of New York, Mr. 

TOWNS, Mr. MCDERMOTT, Mr. GRIJALVA, Mrs. DAVIS of California, Mr. 

LOEBSACK, Mr. MORAN, Ms. TSONGAS, Mr. SARBANES, Ms. LINDA T. 

SA ́NCHEZ of California, Mr. KEATING, Mr. FILNER, Mr. COOPER, Ms. 

SUTTON, Mr. QUIGLEY, Mr. WAXMAN, Ms. LEE of California, Mr. 

CONNOLLY of Virginia, Mr. COURTNEY, Mr. LARSEN of Washington, Mr. 

HINCHEY, Mr. MARKEY, Mr. TIERNEY, Mr. OLVER, Mr. CAPUANO, Mr. 

FARR, Ms. SCHAKOWSKY, Mrs. MALONEY, Mr. DINGELL, Mr. GUTIERREZ, Mr. STARK, Mr. SCOTT of Virginia, Mr. PLATTS, Mr. CROWLEY, 

Mr. SERRANO, Ms. ESHOO, Ms. ROYBAL-ALLARD, Mr. HONDA, Ms. 

SCHWARTZ, Ms. MOORE, Mrs. CAPPS, Mr. PRICE of North Carolina, Mr. 

SHERMAN, Mr. BECERRA, Ms. ZOE LOFGREN of California, Ms. 

DELAURO, Mr. SCHIFF, Mr. HEINRICH, Mr. RANGEL, Mr. ROTHMAN of 

New Jersey, Mr. SIRES, Mr. BRADY of Pennsylvania, Mr. BOSWELL, Mr. 

BRALEY of Iowa, Ms. CASTOR of Florida, Mr. LEVIN, Mr. MCGOVERN, 

Mr. FATTAH, Mr. HIGGINS, Mrs. NAPOLITANO, Ms. BERKLEY, Mr. 

LUJA ́N, Mr. MICHAUD, Mr. WEINER, Mr. HASTINGS of Florida, Ms. 

WOOLSEY, Ms. HIRONO, Mrs. BIGGERT, Ms. NORTON, Ms. MCCOLLUM, 

Mr. VAN HOLLEN, Ms. PINGREE of Maine, Mr. ENGEL, Ms. WASSERMAN

SCHULTZ, Mr. LEWIS of Georgia, Mr. COHEN, Mr. DEUTCH, Mr. 

PASCRELL, Ms. WATERS, Mr. KILDEE, Mr. INSLEE, Mr. LANGEVIN, Mr. 

SMITH of Washington, Mr. LYNCH, Mr. NEAL, Mr. CUMMINGS, Mr. 

LARSON of Connecticut, and Ms. FUDGE) introduced the following bill; 

which was referred to the Committee on Education and the Workforce, 

and in addition to the Committees on House Administration, Oversight 

and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 


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A BILL 

To prohibit employment discrimination on the basis of sexual 

orientation or gender identity. 

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

3 SECTION 1. SHORT TITLE. 

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

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to address the history and widespread pat9 tern of discrimination on the basis of sexual orienta10 tion or gender identity by private sector employers 

11 and local, State, and Federal Government employers; 

12 (2) to provide a comprehensive Federal prohibi13 tion of employment discrimination on the basis of 

14 sexual orientation or gender identity, including 

15 meaningful and effective remedies for any such dis16 crimination; and 

17 (3) to invoke congressional powers, including 

18 the powers to enforce the 14th Amendment to the 

19 Constitution, and to regulate interstate commerce 

20 and provide for the general welfare pursuant to sec21 tion 8 of article I of the Constitution, in order to 


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1 prohibit employment discrimination on the basis of 

2 sexual orientation or gender identity. 

3 SEC. 3. DEFINITIONS. 

4 (a) IN GENERAL.—In this Act: 

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

6 means the Equal Employment Opportunity Commis7 sion. 

8 (2) COVERED ENTITY.—The term ‘‘covered en9 tity’’ means an employer, employment agency, labor 

10 organization, or joint labor-management committee. 

11 (3) EMPLOYEE.— 

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

13 means— 

14 (i) an employee as defined in section 

15 701(f) of the Civil Rights Act of 1964 (42 

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

17 (ii) a Presidential appointee or State 

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

19 Government Employee Rights Act of 1991 

20 (42 U.S.C. 2000e–16(a)(1)) applies; 

21 (iii) a covered employee, as defined in 

22 section 101 of the Congressional Account23 ability Act of 1995 (2 U.S.C. 1301) or sec24 tion 411(c) of title 3, United States Code; 

25 or 


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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 (4) 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 (3)) 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; 


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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 (5) 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 (6) 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 (7) 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 (8) 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 (9) SEXUAL ORIENTATION.—The term ‘‘sexual 

24 orientation’’ means homosexuality, heterosexuality, 

25 or bisexuality. 


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1 (10) 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 para9 graph (3)) or an employer (as defined in paragraph 

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

11 (2) below; 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 paragraph (4)(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 


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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 

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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— 


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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) DISPARATE IMPACT.—Only disparate treatment 

22 claims may be brought under this Act. 

23 SEC. 5. RETALIATION PROHIBITED. 

24 It shall be an unlawful employment practice for a cov25 ered entity to discriminate against an individual because 


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

2 employment practice by this Act; or (2) made a charge, 

3 testified, assisted, or participated in any manner in an in4 vestigation, proceeding, or hearing under this Act. 

5 SEC. 6. EXEMPTION FOR RELIGIOUS ORGANIZATIONS. 

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

7 educational institution, or society that is exempt from the 

8 religious discrimination provisions of title VII of the Civil 

9 Rights Acts of 1964 pursuant to section 702(a) or 

10 703(e)(2) of such Act (42 U.S.C. 2000e–1(a); 2000e– 

11 2(e)(2)). 

12 SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED 

13 FORCES; VETERANS’ PREFERENCES. 

14 (a) ARMED FORCES.— 

15 (1) EMPLOYMENT.—In this Act, the term ‘‘em16 ployment’’ does not apply to the relationship be17 tween the United States and members of the Armed 

18 Forces. 

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

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

21 Force, Marine Corps, and Coast Guard. 

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

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

24 law creating a special right or preference concerning em25 ployment for a veteran. 


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1 SEC. 8. CONSTRUCTION. 

2 (a) EMPLOYER RULES AND POLICIES.— 

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

4 construed to prohibit a covered entity from enforcing 

5 rules and policies that do not intentionally cir6 cumvent the purposes of this Act, if the rules or 

7 policies are designed for, and uniformly applied to, 

8 all individuals regardless of actual or perceived sex9 ual orientation or gender identity. 

10 (2) SEXUAL HARASSMENT.—Nothing in this 

11 Act shall be construed to limit a covered entity from 

12 taking adverse action against an individual because 

13 of a charge of sexual harassment against that indi14 vidual, provided that rules and policies on sexual 

15 harassment, including when adverse action is taken, 

16 are designed for, and uniformly applied to, all indi17 viduals regardless of actual or perceived sexual ori18 entation or gender identity. 

19 (3) CERTAIN SHARED FACILITIES.—Nothing in 

20 this Act shall be construed to establish an unlawful 

21 employment practice based on actual or perceived 

22 gender identity due to the denial of access to shared 

23 shower or dressing facilities in which being seen 

24 unclothed is unavoidable, provided that the employer 

25 provides reasonable access to adequate facilities that 

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1 tity as established with the employer at the time of 

2 employment or upon notification to the employer 

3 that the employee has undergone or is undergoing 

4 gender transition, whichever is later. 

5 (4) ADDITIONAL FACILITIES NOT REQUIRED.— 

6 Nothing in this Act shall be construed to require the 

7 construction of new or additional facilities. 

8 (5) DRESS AND GROOMING STANDARDS.—Noth9 ing in this Act shall prohibit an employer from re10 quiring an employee, during the employee’s hours at 

11 work, to adhere to reasonable dress or grooming 

12 standards not prohibited by other provisions of Fed13 eral, State, or local law, provided that the employer 

14 permits any employee who has undergone gender 

15 transition prior to the time of employment, and any 

16 employee who has notified the employer that the em17 ployee has undergone or is undergoing gender tran18 sition after the time of employment, to adhere to the 

19 same dress or grooming standards for the gender to 

20 which the employee has transitioned or is 

21 transitioning. 

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

23 be construed to require a covered entity to treat an unmar24 ried couple in the same manner as the covered entity 

25 treats a married couple for purposes of employee benefits. 


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1 (c) DEFINITION OF MARRIAGE.—As used in this Act, 

2 the term ‘‘married’’ refers to marriage as such term is 

3 defined in section 7 of title I, United States Code (referred 

4 to as the Defense of Marriage Act). 

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; and 

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) ABROGATION OF STATE IMMUNITY.—A State 

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

17 Constitution from a suit brought in a Federal court of 

18 competent jurisdiction for a violation of this Act. 

19 (b) WAIVER OF STATE IMMUNITY.— 

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 Amend25 ment 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 (d). 

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) EFFECTIVE DATE.—With respect to a par10 ticular program or activity, paragraph (1) applies to 

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

12 of enactment of this Act, on which a State first re13 ceives or uses Federal financial assistance for that 

14 program or activity. 

15 (c) REMEDIES AGAINST STATE OFFICIALS.—An offi16 cial of a State may be sued in the official capacity of the 

17 official by any employee or applicant for employment who 

18 has complied with the applicable procedures of section 10, 

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

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

21 those costs authorized by section 722 of the Revised Stat22 utes of the United States (42 U.S.C. 1988). 

23 (d) REMEDIES AGAINST THE UNITED STATES AND

24 THE STATES.—Notwithstanding any other provision of 

25 this Act, in an action or administrative proceeding against 


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

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

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

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

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

6 by a private entity, except that— 

7 (1) punitive damages are not available; and 

8 (2) compensatory damages are available to the 

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

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

11 SEC. 12. ATTORNEYS’ FEES. 

12 Notwithstanding any other provision of this Act, in 

13 an action or administrative proceeding for a violation of 

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

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

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

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

18 fee (including expert fees) as part of the costs. The Com19 mission and the United States shall be liable for the costs 

20 to the same extent as a private person. 

21 SEC. 13. POSTING NOTICES. 

22 A covered entity who is required to post notices de23 scribed in section 711 of the Civil Rights Act of 1964 (42 

24 U.S.C. 2000e–10) shall post notices for employees, appli25 cants for employment, and members, to whom the proviVerDate Mar 15 2010 05:13 Apr 08, 2011 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1397.IH H1397

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1 sions specified in section 10(b) apply, that describe the 

2 applicable provisions of this Act in the manner prescribed 

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

4 of the Civil Rights Act of 1964. 

5 SEC. 14. REGULATIONS. 

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

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

8 issue regulations to carry out this Act. 

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

10 Congress shall have authority to issue regulations to carry 

11 out this Act with respect to employees and applicants for 

12 employment of the Library of Congress. 

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

14 10(a)(3) shall have authority to issue regulations to carry 

15 out this Act, in accordance with section 304 of the Con16 gressional Accountability Act of 1995 (2 U.S.C. 1384), 

17 with respect to covered employees, as defined in section 

18 101 of such Act (2 U.S.C. 1301). 

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

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

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

22 United States Code. 

23 SEC. 15. RELATIONSHIP TO OTHER LAWS. 

24 This Act shall not invalidate or limit the rights, rem25 edies, or procedures available to an individual claiming 


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1 discrimination prohibited under any other Federal law or 

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

3 subdivision of a State. 

4 SEC. 16. SEVERABILITY. 

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

6 provision to any person or circumstance, is held to be in7 valid, the remainder of this Act and the application of the 

8 provision to any other person or circumstances shall not 

9 be affected by the invalidity. 

10 SEC. 17. EFFECTIVE DATE. 

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

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

13 not apply to conduct occurring before the effective date. 

Æ 


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