I

105TH CONGRESS

1ST SESSION H. R. 963

To prohibit employment discrimination on any basis other than factors

pertaining to job performance.

IN THE HOUSE OF REPRESENTATIVES

MARCH 6, 1997

Mr. BILBRAY (for himself, Mr. HORN, Mrs. KELLY, Mr. KOLBE, Mr. BOEHLERT, Mr. WYNN, and Mr. TRAFICANT) introduced the following bill;

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

and in addition to the Committees on the Judiciary, Government Reform

and Oversight, and House Oversight, 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 any basis other

than factors pertaining to job performance.

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 ‘‘Workplace Fairness

5 Act of 1997’’.
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1 SEC. 2. DISCRIMINATION PROHIBITED.

2 A covered entity shall not subject an individual to dif3 ferent standards or treatment on any basis other than fac4 tors pertaining to job performance in connection with em5 ployment or employment opportunities, or beginning on

6 the 91st day of employment following hire or rehire, the

7 compensation, terms conditions, or privileges of employ8 ment.

9 SEC. 3. QUOTAS PROHIBITED.

10 A covered entity shall not adopt or implement a quota

11 pursuant to this Act on any basis other than factors per12 taining to job performance.

13 SEC. 4. RELIGIOUS EXEMPTION.

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

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

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

17 with respect to employment and employment opportunities

18 that relate to any employment position that pertains solely

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

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

21 Code of 1986.

22 SEC. 5. 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—
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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, 303, and 304 of the Gov6 ernment Employee Rights Act of 1991 (2

7 U.S.C. 1202, 1203, and 1204),

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 such Act, respectively,

11 (2) the Librarian of Congress shall have the

12 same powers as the Librarian of Congress has to ad13 minister and enforce title VII of the Civil Rights Act

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

15 claim alleged by such individual for a violation of

16 such title,

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

18 Congressional Accountability Act of 1995 (Public

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

20 as the Board has to administer and enforce the Con21 gressional Accountability Act of 1995 in the case of

22 a claim alleged by such individual for a violation of

23 section 201(a)(1) of such Act.
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1 (4) the Attorney General of the United States

2 shall have the same powers as the Attorney General

3 has to administer 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, 303, and 304 of the Gov7 ernment Employee Rights Act of 1991 (2

8 U.S.C. 1202, 1203, 1204),

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 such Act, respectively, and

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

13 the same jurisdiction and powers as such courts

14 have to enforce—

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

16 1964 (42 U.S.C. 2000e et seq.) in the case of

17 a claim alleged by such individual for a viola18 tion of such title,

19 (B) sections 302, 303, and 304 of the Gov20 ernment Employee Rights Act of 1991 (2

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

22 claim alleged by such individual for a violation

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

24 (C) the Congressional Accountability Act

25 of 1995 (Public Law 104–1; 109 Stat. 3) in the
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1 case of a claim alleged by such individual for a

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

3 (b) PROCEDURES AND REMEDIES.—The procedures

4 and remedies applicable to a claim alleged by an individual

5 for a violation of this Act are—

6 (1) the procedures and remedies applicable for

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

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

9 claim alleged by such individual for a violation of

10 such title,

11 (2) the procedures and remedies applicable for

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

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

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

15 a violation of such section, and

16 (3) the procedures and remedies applicable for

17 a violation of section 201(a)(1) of Congressional Ac18 countability Act of 1995 (Public Law 104–1; 109

19 Stat. 3) in the case of a claim alleged by such indi20 vidual for a violation of such section.

21 (c) OTHER APPLICABLE PROVISIONS.—With respect

22 to claims alleged by covered employees (as defined in sec23 tion 101 of the Congressional Accountability Act of 1995

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

25 Act, title III of the Congressional Accountability Act of
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1 1995 shall apply in the same manner as such title applies

2 with respect to a claims alleged by such covered employees

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

4 SEC. 7. STATE AND FEDERAL IMMUNITY.

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

6 under the eleventh article of amendment to the Constitu7 tion of the United States from an action in a Federal court

8 of competent jurisdiction for a violation of this Act. In

9 an action against a State for a violation of this Act, rem10 edies (including remedies at law and in equity) are avail11 able for the violation to the same extent as such remedies

12 are available in an action against any public or private

13 entity other than a State.

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

15 United States shall be liable for all remedies (excluding

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

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

18 as a nonpublic party for interest to compensate for delay

19 in payment.

20 SEC. 8. ATTORNEYS’ FEES.

21 In any action or administrative proceeding com22 menced pursuant to this Act, the court or the Commission,

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

24 than the United States, a reasonable attorney’s fee, in25 cluding expert fees and other litigation expenses, and
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1 costs. The United States shall be liable for the foregoing

2 the same as a private person.

3 SEC. 9. POSTING NOTICES.

4 A covered entity shall post notices for employees, and

5 for applicants for employment, describing the applicable

6 provisions of this Act in the manner prescribed by, and

7 subject to the penalty provided under, section 711 of the

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

9 SEC. 10. REGULATIONS.

10 The Commission shall have authority to issue regula11 tions to carry out this Act.

12 SEC. 11. RELATIONSHIP TO OTHER LAWS.

13 This Act shall not invalidate or limit the rights, rem14 edies, or procedures available to an individual under title

15 VII of the Civil Rights Act of 1964, or any other Federal

16 law or any law of a State or political subdivision of a

17 State.

18 SEC. 12. SEVERABILITY.

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

20 provision to any person or circumstance, is held to be in21 valid, the remainder of this Act and the application of such

22 provision to other persons or circumstances shall not be

23 affected thereby.
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1 SEC. 13. EFFECTIVE DATE.

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

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

4 occurring before such effective date.

5 SEC. 14. DEFINITIONS.

6 As used in this Act:

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

8 Employment Opportunity Commission.

9 (2) The term ‘‘covered entity’’ means an em10 ployer, employment agency, labor organization, joint

11 labor management committee, an entity to which

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

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

14 which section 302(a)(1) of the Government Em15 ployee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) ap16 plies, or an employing authority to which section

17 201(a) of the Congressional Accountability Act of

18 1995 (Public Law 104–1; 109 Stat. 3) applies.

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

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

21 Act of 1964 (42 U.S.C. 2000e(b)), except that a ref22 erence in such section to employees shall be deemed

23 for purposes of this Act to be a reference to full-time

24 employees.
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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 ‘‘factors pertaining to job per16 formance’’ means—

17 (A) employment history, including referrals

18 from previous employers,

19 (B) ability and willingness to comply with

20 the performance requirements (including at21 tendance and procedures) of the particular em22 ployment involved,

23 (C) educational background,

24 (D) any use of a drug or of alcohol, that

25 may adversely affect job performance,
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1 (E) any conviction of an offense for which

2 a term of imprisonment exceeding 1 year could

3 have been imposed,

4 (F) any conflict of interest relating to the

5 particular employment involved,

6 (G) seniority recognized under an applica7 ble bona fide seniority system,

8 (H) ability to work well with others (co9 operation and teamwork), and

10 (I) insubordination.

11 (9) The term ‘‘religious organization’’ means—

12 (A) a religious corporation, association, or

13 society, or

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

15 educational institution, not otherwise a religious

16 organization, if—

17 (i) it is in whole or substantial part

18 controlled, managed, owned, or supported

19 by a religious corporation, association, or

20 society, or

21 (ii) its curriculum is directed toward

22 the propagation of a particular religion.
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1 (10) The term ‘‘State’’ has the meaning given

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

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

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