I
104TH CONGRESS
1ST SESSION
H. R. 1863
To prohibit employment discrimination on the basis of sexual orientation.
IN THE HOUSE OF REPRESENTATIVES
JUNE 15, 1995
Mr. STUDDS (for himself, Mr. FRANK of Massachusetts, Mrs. MORELLA, Mr.
TORKILDSEN, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. BOEHLERT, Mr.
FLANAGAN, Mr. BALDACCI, Mr. BARRETT of Wisconsin, Mr. GILMAN,
Mr. GUNDERSON, Mr. BECERRA, Mr. BEILENSON, Mr. HORN, Mrs.
JOHNSON of Connecticut, Mr. BERMAN, Mr. BONIOR, Mrs. KELLY, Mr.
SHAYS, Mr. BROWN of California, Mr. CARDIN, Mr. CLAY, Mrs. CLAY-
TON, Mr. CLYBURN, Mr. COLEMAN, Miss COLLINS of Michigan, Mr. CON-
YERS, Mr. COYNE, Mr. DEFAZIO, Ms. DELAURO, Mr. DELLUMS, Mr.
DEUTSCH, Mr. DICKS, Mr. DIXON, Mr. DURBIN, Mr. ENGEL, Ms.
ESHOO, Mr. EVANS, Mr. FALEOMAVAEGA, Mr. FARR, Mr. FAZIO of Cali-
fornia, Mr. FILNER, Mr. FLAKE, Mr. FOGLIETTA, Ms. FURSE, Mr. GEJ-
DENSON, Mr. GONZALEZ, Mr. GUTIERREZ, Ms. HARMAN, Mr. HASTINGS
of Florida, Mr. HINCHEY, Mr. HOYER, Ms. JACKSON-LEE, Mr. JEFFER-
SON, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. KENNEDY of Massa-
chusetts, Mr. KENNEDY of Rhode Island, Mrs. KENNELLY, Mr. KILDEE,
Mr. LANTOS, Mr. LEVIN, Mr. LEWIS of Georgia, Ms. LOFGREN, Mrs.
LOWEY, Mrs. MALONEY, Mr. MARKEY, Mr. MARTINEZ, Mr. MATSUI, Ms.
MCCARTHY, Mr. MCDERMOTT, Ms. MCKINNEY, Mr. MEEHAN, Mrs.
MEEK of Florida, Mr. MENENDEZ, Mr. MFUME, Mr. MILLER of Califor-
nia, Mr. MINETA, Mrs. MINK of Hawaii, Mr. MORAN, Mr. MOAKLEY, Mr.
NADLER, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. OLVER, Mr.
OWENS, Mr. PALLONE, Mr. PASTOR, Mr. PAYNE of New Jersey, Ms.
PELOSI, Mr. RANGEL, Mr. REED, Mr. REYNOLDS, Mr. RICHARDSON, Ms.
RIVERS, MS. ROYBAL-ALLARD, Mr. RUSH, Mr. SABO, Mr. SANDERS, Mr.
SAWYER, Mrs. SCHROEDER, Mr. SCHUMER, Mr. SERRANO, Ms. SLAUGH-
TER, Mr. STARK, Mr. THOMPSON, Mr. TORRES, Mr. TORRICELLI, Mr.
TOWNS, Mr. TRAFICANT, Mr. UNDERWOOD, Ms. VELA´ZQUEZ, Ms. WA-
TERS, Mr. WATT of North Carolina, Mr. WAXMAN, Ms. WOOLSEY, Mr.
WYDEN, Mr. WYNN, and Mr. YATES) introduced the following bill; which
was referred to the Committee on Economic and Educational Opportuni-
ties, and in addition to the Committees on House Oversight, Government
Reform and Oversight, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To prohibit employment discrimination on the basis of sexual
orientation.
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 ‘‘Employment Non-Dis-
crimination Act of 1995’’.
SEC. 2. DISCRIMINATION PROHIBITED.
A covered entity, in connection with employment or
employment opportunities, shall not—
(1) subject an individual to different standards
or treatment on the basis of sexual orientation,
(2) discriminate against an individual based on
the sexual orientation of persons with whom such in-
dividual is believed to associate or to have associ-
ated, or
(3) otherwise discriminate against an individual
on the basis of sexual orientation.
SEC. 3. BENEFITS.
This Act does not apply to the provision of employee
benefits to an individual for the benefit of his or her part-
ner.
SEC. 4. NO DISPARATE IMPACT.
The fact that an employment practice has a disparate
impact, as the term ‘‘disparate impact’’ is used in section
703(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–
2(k)), on the basis of sexual orientation does not establish
a prima facie violation of this Act.
SEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIB-
ITED.
(a) QUOTAS.—A covered entity shall not adopt or im-
plement a quota on the basis of sexual orientation.
(b) PREFERENTIAL TREATMENT.—A covered entity
shall not give preferential treatment to an individual on
the basis of sexual orientation.
SEC. 6. RELIGIOUS EXEMPTION.
(a) IN GENERAL.—Except as provided in subsection
(b), this Act shall not apply to religious organizations.
(b) FOR-PROFIT ACTIVITIES.—This Act shall apply
with respect to employment and employment opportunities
that relate to any employment position that pertains solely
to a religious organization’s for-profit activities subject to
taxation under section 511(a) of the Internal Revenue
Code of 1986.
SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED
FORCES; VETERANS’ PREFERENCES.
(a) ARMED FORCES.—(1) For purposes of this Act,
the term ‘‘employment or employment opportunities’’ does
not apply to the relationship between the United States
and members of the Armed Forces.
(2) As used in paragraph (1), the term ‘‘Armed
Forces’’ means the Army, Navy, Air Force, Marine Corps,
and Coast Guard.
(b) VETERANS’ PREFERENCES.—This Act does not
repeal or modify any Federal, State, territorial, or local
law creating special rights or preferences for veterans.
SEC. 8. ENFORCEMENT.
(a) ENFORCEMENT POWERS.—With respect to the
administration and enforcement of this Act in the case of
a claim alleged by an individual for a violation of this
Act—
(1) the Commission shall have the same powers
as the Commission has to administer and enforce—
(A) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.), or
(B) sections 302, 303, and 304 of the Gov-
ernment Employee Rights Act of 1991 (2
U.S.C. 1202, 1203, 1204),
in the case of a claim alleged by such individual for
a violation of such title or of section 302(a)(1) of
such Act, respectively,
(2) the Librarian of Congress shall have the
same powers as the Librarian of Congress has to ad-
minister and enforce title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2000e et seq.) in the case of a
claim alleged by such individual for a violation of
such title,
(3) the Board (as defined in section 101 of the
Congressional Accountability Act of 1995 (Public
Law 104–1; 109 Stat. 3) shall have the same powers
as the Board has to administer and enforce the Con-
gressional Accountability Act of 1995 in the case of
a claim alleged by such individual for a violation of
section 201(a)(1) of such Act,
(4) the Attorney General of the United States
shall have the same powers as the Attorney General
has to administer and enforce—
(A) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.), or
(B) sections 302, 303, and 304 of the Gov-
ernment Employee Rights Act of 1991 (2
U.S.C. 1202, 1203, 1204),
in the case of a claim alleged by such individual for
a violation of such title or of section 302(a)(1) of
such Act, respectively, and
(5) the courts of the United States shall have
the same jurisdiction and powers as such courts
have to enforce—
(A) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.) in the case of
a claim alleged by such individual for a viola-
tion of such title,
(B) sections 302, 303, and 304 of the Gov-
ernment Employee Rights Act of 1991 (2
U.S.C. 1202, 1203, 1204) in the case of a
claim alleged by such individual for a violation
of section 302(a)(1) of such Act, and
(C) the Congressional Accountability Act
of 1995 (Public Law 104–1; 109 Stat. 3) in the
case of a claim alleged by such individual for a
violation of section 201(a)(1) of such Act.
(b) PROCEDURES AND REMEDIES.—The procedures
and remedies applicable to a claim alleged by an individual
for a violation of this Act are—
(1) the procedures and remedies applicable for
a violation of title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.) in the case of a
claim alleged by such individual for a violation of
such title,
(2) the procedures and remedies applicable for
a violation of section 302(a)(1) of the Government
Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1))
in the case of a claim alleged by such individual for
a violation of such section, and
(3) the procedures and remedies applicable for
a violation of section 201(a)(1) of Congressional Ac-
countability Act of 1995 (Public Law 104–1; 109
Stat. 3) in the case of a claim alleged by such indi-
vidual for a violation of such section.
(c) OTHER APPLICABLE PROVISIONS.—With respect
to claims alleged by covered employees (as defined in sec-
tion 101 of the Congressional Accountability Act of 1995
(Public Law 104–1; 109 Stat. 3)) for violations of this
Act, title III of the Congressional Accountability Act of
1995 shall apply in the same manner as such title applies
with respect to a claims alleged by such covered employees
for violations of section 201(a)(1) of such Act.
SEC. 9. STATE AND FEDERAL IMMUNITY.
(a) STATE IMMUNITY.—A State shall not be immune
under the eleventh article of amendment to the Constitu-
tion of the United States from an action in a Federal court
of competent jurisdiction for a violation of this Act. In
an action against a State for a violation of this Act, rem-
edies (including remedies at law and in equity) are avail-
able for the violation to the same extent as such remedies
are available in an action against any public or private
entity other than a State.
(b) LIABILITY
OF
THE
UNITED
STATES.—The
United States shall be liable for all remedies (excluding
punitive damages) under this Act to the same extent as
a private person and shall be liable to the same extent
as a nonpublic party for interest to compensate for delay
in payment.
SEC. 10. ATTORNEYS’ FEES.
In any action or administrative proceeding com-
menced pursuant to this Act, the court or the Commission,
in its discretion, may allow the prevailing party, other
than the United States, a reasonable attorney’s fee, in-
cluding expert fees and other litigation expenses, and
costs. The United States shall be liable for the foregoing
the same as a private person.
SEC. 11. RETALIATION AND COERCION PROHIBITED.
(a) RETALIATION.—A covered entity shall not dis-
criminate against an individual because such individual
opposed any act or practice prohibited by this Act or be-
cause such individual made a charge, assisted, testified,
or participated in any manner in an investigation, proceed-
ing, or hearing under this Act.
(b) COERCION.—A person shall not coerce, intimi-
date, threaten, or interfere with any individual in the exer-
cise or enjoyment of, or on account of his or her having
exercised, enjoyed, assisted, or encouraged the exercise or
enjoyment of, any right granted or protected by this Act.
SEC. 12. POSTING NOTICES.
A covered entity shall post notices for employees, ap-
plicants for employment, and members describing the ap-
plicable provisions of this Act in the manner prescribed
by, and subject to the penalty provided under, section 711
of the Civil Rights Act of 1964 (42 U.S.C. 2000e–10).
SEC. 13. REGULATIONS.
The Commission shall have authority to issue regula-
tions to carry out this Act.
SEC. 14. RELATIONSHIP TO OTHER LAWS.
This Act shall not invalidate or limit the rights, rem-
edies, or procedures available to an individual claiming
discrimination prohibited under any other Federal law or
any law of a State or political subdivision of a State.
SEC. 15. SEVERABILITY.
If any provision of this Act, or the application of such
provision to any person or circumstance, is held to be in-
valid, the remainder of this Act and the application of such