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 participa-
tion in labor organization activities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Employee Rights Pro-
tection Act of 1996’’.
SEC. 2. AMENDMENTS.
(a) DEFINITION.—Section 701 of the Civil Rights Act
of 1964 (42 U.S.C. 2000e) is amended by adding at the
end the following:
‘‘(o) The term ‘labor organization activities’ in-
cludes—
‘‘(1) organizing, forming, joining, or assisting a
labor organization;
‘‘(2) bargaining collectively through employee
representatives; and
‘‘(3) engaging in other employee concerted ac-
tivities for the purpose of collective bargaining, or
other employee mutual aid or protection.’’.
(b) PROHIBITION OF DISCRIMINATION.—(1) Section
703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–
2) is amended—
(A) in the heading by striking ‘‘OR NATIONAL
ORIGIN’’ and insert ‘‘NATIONAL ORIGIN, OR PAR-
TICIPATION IN LABOR ORGANIZATION ACTIVITIES’’,
(B) in subsection (a)—
(i) in paragraph (1) by striking ‘‘or na-
tional origin’’ and inserting ‘‘national origin, or
participation in labor organization activities’’,
and
(ii) in paragraph (2) by striking ‘‘or na-
tional origin’’ and inserting ‘‘national origin, or
participation in labor organization activities’’,
(C) in subsection (b) by striking ‘‘or national
origin’’ each place it appears and inserting ‘‘national
origin, or participation in labor organization activi-
ties’’,
(D) in subsection (c)—
(i) in paragraph (1) by striking ‘‘or na-
tional origin’’ and inserting ‘‘national origin, or
participation in labor organization activities’’,
and
(ii) in paragraph (2) by striking ‘‘or na-
tional origin’’ and inserting ‘‘national origin, or
participation in labor organization activities’’,
(E) in subsection (d) by striking ‘‘or national
origin’’ and inserting ‘‘national origin, or participa-
tion in labor organization activities’’,
(F) in subsection (h)—
(i) by striking ‘‘or national origin’’ the
first place it appears and inserting ‘‘national
origin, or participation in labor organization ac-
tivities’’, and
(ii) by striking ‘‘or national origin’’ the
second place it appears and inserting ‘‘, na-
tional origin, or participation in labor organiza-
tion activities’’,
(G) in subsection (j) by striking ‘‘or national
origin’’ each place it appears and inserting ‘‘national
origin, or participation in labor organization activi-
ties’’,
(H) in subsection (k)—
(i) in paragraph (1)(A)(i) by striking ‘‘or
national origin’’ and inserting ‘‘national origin,
or participation in labor organization activi-
ties’’, and
(ii) in paragraph (3) by striking ‘‘or na-
tional origin’’ and inserting ‘‘national origin, or
participation in labor organization activities’’,
and
(I) in subsection (l) by striking ‘‘or national ori-
gin’’ and inserting ‘‘national origin, or participation
in labor organization activities’’.
(2) Section 704(b) of the Civil Rights Act of 1964
(42 U.S.C. 2000e–3(b)) is amended by striking ‘‘or na-
tional origin’’ and inserting ‘‘national origin, or participa-
tion in labor organization activities’’.
(3) Section 706(g)(2)(A) of the Civil Rights Act of
1964 (42 U.S.C. 2000e–5(g)(2)(A)) is amended by strik-
ing ‘‘or national origin’’ and inserting ‘‘national origin, or
participation in labor organization activities’’.
(4) Section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e–16) is amended—
(A) in subsection (a) by striking ‘‘or national
origin’’ and inserting ‘‘national origin, or participa-
tion in labor organization activities’’, and
(B) in subsection (c) by striking ‘‘or national
origin’’ and inserting ‘‘, national origin, or participa-
tion in labor organization activities’’.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect on January 1, 1997.
Æ