HR 3685 PCS
(ii) a Presidential appointee or State 
employee to which section 302(a)(1) of the 
Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16(a)(1) applies; 
(iii) a covered employee, as defined in 
section 101 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301) or sec-
tion 411(c) of title 3, United States Code; 
or 
(iv) an employee or applicant to which 
section 717(a) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–16(a)) applies. 
(B) EXCEPTION.—The provisions of this 
Act that apply to an employee or individual 
shall not apply to a volunteer who receives no 
compensation. 
(4) 
EMPLOYER.—The 
term 
‘‘employer’’ 
means— 
(A) a person engaged in an industry affect-
ing commerce (as defined in section (701)(h) of 
the Civil Rights Act of 1964 (42 U.S.C. 
2000e(h)) who has 15 or more employees (as 
defined in subparagraphs (A)(i) and (B) of 
paragraph (3)) for each working day in each of 
20 or more calendar weeks in the current or 
VerDate Aug 31 2005 
02:35 Nov 14, 2007
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3685.PCS
H3685
mstockstill on PROD1PC71 with BILLS
HR 3685 PCS
preceding calendar year, and any agent of such 
a person, but does not include a bona fide pri-
vate membership club (other than a labor orga-
nization) that is exempt from taxation under 
section 501(c) of the Internal Revenue Code of 
1986; 
(B) an employing authority to which sec-
tion 302(a)(1) of the Government Employee 
Rights Act of 1991 applies; 
(C) an employing office, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 or section 411(c) of title 3, United 
States Code; or 
(D) an entity to which section 717(a) of 
the Civil Rights Act of 1964 applies. 
(5) EMPLOYMENT
AGENCY.—The term ‘‘em-
ployment agency’’ has the meaning given the term in 
section 701(c) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(c)). 
(6) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given the term in 
section 701(d) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(d)). 
VerDate Aug 31 2005 
02:35 Nov 14, 2007
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3685.PCS
H3685
mstockstill on PROD1PC71 with BILLS
HR 3685 PCS
(7) PERSON.—The term ‘‘person’’ has the 
meaning given the term in section 701(a) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). 
(8) SEXUAL ORIENTATION.—The term ‘‘sexual 
orientation’’ means homosexuality, heterosexuality, 
or bisexuality. 
(9) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 701(i) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e(i)). 
(b) APPLICATION OF DEFINITIONS.—For purposes of 
this section, a reference in section 701 of the Civil Rights 
Act of 1964— 
(1) to an employee or an employer shall be con-
sidered to refer to an employee (as defined in para-
graph (3)) or an employer (as defined in paragraph 
(4)), respectively, except as provided in paragraph 
(2) below; and 
(2) to an employer in subsection (f) of that sec-
tion shall be considered to refer to an employer (as 
defined in paragraph (4)(A)). 
SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED. 
(a) EMPLOYER PRACTICES.—It shall be an unlawful 
employment practice for an employer— 
(1) to fail or refuse to hire or to discharge any 
individual, or otherwise discriminate against any in-
VerDate Aug 31 2005 
02:35 Nov 14, 2007
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3685.PCS
H3685
mstockstill on PROD1PC71 with BILLS
HR 3685 PCS
dividual with respect to the compensation, terms, 
conditions, or privileges of employment of the indi-
vidual, because of such individual’s actual or per-
ceived sexual orientation; or 
(2) to limit, segregate, or classify the employees 
or applicants for employment of the employer in any 
way that would deprive or tend to deprive any indi-
vidual of employment or otherwise adversely affect 
the status of the individual as an employee, because 
of such individual’s actual or perceived sexual ori-
entation. 
(b) EMPLOYMENT AGENCY PRACTICES.—It shall be 
an unlawful employment practice for an employment agen-
cy to fail or refuse to refer for employment, or otherwise 
to discriminate against, any individual because of the ac-
tual or perceived sexual orientation of the individual or 
to classify or refer for employment any individual on the 
basis of the actual or perceived sexual orientation of the 
individual. 
(c) LABOR ORGANIZATION PRACTICES.—It shall be 
an unlawful employment practice for a labor organiza-
tion— 
(1) to exclude or to expel from its membership, 
or otherwise to discriminate against, any individual 
VerDate Aug 31 2005 
02:35 Nov 14, 2007
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3685.PCS
H3685
mstockstill on PROD1PC71 with BILLS
HR 3685 PCS
because of the actual or perceived sexual orientation 
of the individual; 
(2) to limit, segregate, or classify its member-
ship or applicants for membership, or to classify or 
fail or refuse to refer for employment any individual, 
in any way that would deprive or tend to deprive any 
individual of employment, or would limit such em-
ployment or otherwise adversely affect the status of 
the individual as an employee or as an applicant for 
employment because of such individual’s actual or 
perceived sexual orientation; or 
(3) to cause or attempt to cause an employer to 
discriminate against an individual in violation of this 
section. 
(d) TRAINING PROGRAMS.—It shall be an unlawful 
employment practice for any employer, labor organization, 
or joint labor-management committee controlling appren-
ticeship or other training or retraining, including on-the- 
job training programs, to discriminate against any indi-
vidual because of the actual or perceived sexual orientation 
of the individual in admission to, or employment in, any 
program established to provide apprenticeship or other 
training. 
(e) ASSOCIATION.—An unlawful employment practice 
described in any of subsections (a) through (d) shall be 
VerDate Aug 31 2005 
02:35 Nov 14, 2007
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3685.PCS
H3685
mstockstill on PROD1PC71 with BILLS
HR 3685 PCS
considered to include an action described in that sub-
section, taken against an individual based on the actual 
or perceived sexual orientation of a person with whom the 
individual associates or has associated. 
(f) NO PREFERENTIAL TREATMENT OR QUOTAS.— 
Nothing in this Act shall be construed or interpreted to 
require or permit— 
(1) any covered entity to grant preferential 
treatment to any individual or to any group because 
of the actual or perceived sexual orientation of such 
individual or group on account of an imbalance 
which may exist with respect to the total number or 
percentage of persons of any actual or perceived sex-
ual orientation employed by any employer, referred 
or classified for employment by any employment 
agency or labor organization, admitted to member-
ship or classified by any labor organization, or ad-
mitted to, or employed in, any apprenticeship or 
other training program, in comparison with the total 
number or percentage of persons of such actual or 
perceived sexual orientation in any community, 
State, section, or other area, or in the available work 
force in any community, State, section, or other 
area; or 
VerDate Aug 31 2005 
02:35 Nov 14, 2007
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3685.PCS
H3685
mstockstill on PROD1PC71 with BILLS