I

104TH CONGRESS

2D SESSION H. R. 3763

To amend title VII of the Civil Rights Act of 1964 to prohibit employment

discrimination based on participation in labor organization activities.

IN THE HOUSE OF REPRESENTATIVES

JULY 9, 1996

Mr. HINCHEY introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities

A BILL

To amend title VII of the Civil Rights Act of 1964 to

prohibit employment discrimination based on participation in labor organization activities.

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 ‘‘Employee Rights Pro5 tection Act of 1996’’.

6 SEC. 2. AMENDMENTS.

7 (a) DEFINITION.—Section 701 of the Civil Rights Act

8 of 1964 (42 U.S.C. 2000e) is amended by adding at the

9 end the following:
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1 ‘‘(o) The term ‘labor organization activities’ in2 cludes—

3 ‘‘(1) organizing, forming, joining, or assisting a

4 labor organization;

5 ‘‘(2) bargaining collectively through employee

6 representatives; and

7 ‘‘(3) engaging in other employee concerted ac8 tivities for the purpose of collective bargaining, or

9 other employee mutual aid or protection.’’.

10 (b) PROHIBITION OF DISCRIMINATION.—(1) Section

11 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–

12 2) is amended—

13 (A) in the heading by striking ‘‘OR NATIONAL

14 ORIGIN’’ and insert ‘‘NATIONAL ORIGIN, OR PAR15 TICIPATION IN LABOR ORGANIZATION ACTIVITIES’’,

16 (B) in subsection (a)—

17 (i) in paragraph (1) by striking ‘‘or na18 tional origin’’ and inserting ‘‘national origin, or

19 participation in labor organization activities’’,

20 and

21 (ii) in paragraph (2) by striking ‘‘or na22 tional origin’’ and inserting ‘‘national origin, or

23 participation in labor organization activities’’,

24 (C) in subsection (b) by striking ‘‘or national

25 origin’’ each place it appears and inserting ‘‘national
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1 origin, or participation in labor organization activi2 ties’’,

3 (D) in subsection (c)—

4 (i) in paragraph (1) by striking ‘‘or na5 tional origin’’ and inserting ‘‘national origin, or

6 participation in labor organization activities’’,

7 and

8 (ii) in paragraph (2) by striking ‘‘or na9 tional origin’’ and inserting ‘‘national origin, or

10 participation in labor organization activities’’,

11 (E) in subsection (d) by striking ‘‘or national

12 origin’’ and inserting ‘‘national origin, or participa13 tion in labor organization activities’’,

14 (F) in subsection (h)—

15 (i) by striking ‘‘or national origin’’ the

16 first place it appears and inserting ‘‘national

17 origin, or participation in labor organization ac18 tivities’’, and

19 (ii) by striking ‘‘or national origin’’ the

20 second place it appears and inserting ‘‘, na21 tional origin, or participation in labor organiza22 tion activities’’,

23 (G) in subsection (j) by striking ‘‘or national

24 origin’’ each place it appears and inserting ‘‘national
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1 origin, or participation in labor organization activi2 ties’’,

3 (H) in subsection (k)—

4 (i) in paragraph (1)(A)(i) by striking ‘‘or

5 national origin’’ and inserting ‘‘national origin,

6 or participation in labor organization activi7 ties’’, and

8 (ii) in paragraph (3) by striking ‘‘or na9 tional origin’’ and inserting ‘‘national origin, or

10 participation in labor organization activities’’,

11 and

12 (I) in subsection (l) by striking ‘‘or national ori13 gin’’ and inserting ‘‘national origin, or participation

14 in labor organization activities’’.

15 (2) Section 704(b) of the Civil Rights Act of 1964

16 (42 U.S.C. 2000e–3(b)) is amended by striking ‘‘or na17 tional origin’’ and inserting ‘‘national origin, or participa18 tion in labor organization activities’’.

19 (3) Section 706(g)(2)(A) of the Civil Rights Act of

20 1964 (42 U.S.C. 2000e–5(g)(2)(A)) is amended by strik21 ing ‘‘or national origin’’ and inserting ‘‘national origin, or

22 participation in labor organization activities’’.

23 (4) Section 717 of the Civil Rights Act of 1964 (42

24 U.S.C. 2000e–16) is amended—
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1 (A) in subsection (a) by striking ‘‘or national

2 origin’’ and inserting ‘‘national origin, or participa3 tion in labor organization activities’’, and

4 (B) in subsection (c) by striking ‘‘or national

5 origin’’ and inserting ‘‘, national origin, or participa6 tion in labor organization activities’’.

7 SEC. 3. EFFECTIVE DATE.

8 This Act shall take effect on January 1, 1997.

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