SEC. 10. STATE AND FEDERAL IMMUNITY. 
(a) STATE IMMUNITY.—A State shall not be immune 
under the 11th amendment to the Constitution from a suit 
described in subsection (b) and brought in a Federal court 
of competent jurisdiction for a violation of this Act. 
(b) REMEDIES FOR STATE EMPLOYEES.— 
(1) IN GENERAL.— 
(A) WAIVER.—A State’s receipt or use of 
Federal financial assistance for any program or 
activity of a State shall constitute a waiver of 
sovereign immunity, under the 11th amendment 
to the Constitution or otherwise, to a suit 
brought by an employee or applicant for em-
ployment of that program or activity under this 
Act for a remedy authorized under subsection 
(c). 
(B) DEFINITION.—In this paragraph, the 
term ‘‘program or activity’’ has the meaning 
given the term in section 606 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d–4a). 
(2) OFFICIALS.—An official of a State may be 
sued in the official capacity of the official by any 
employee or applicant for employment who has com-
plied with the applicable procedures of section 10, 
for equitable relief that is authorized under this Act. 
In such a suit the court may award to the prevailing 
VerDate Aug 31 2005 
22:14 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3686.IH
H3686
bajohnson on PROD1PC71 with BILLS
party those costs authorized by section 722 of the 
Revised Statutes of the United States (42 U.S.C. 
1988). 
(3) EFFECTIVE DATE.—With respect to a par-
ticular program or activity, paragraphs (1) and (2) 
apply to conduct occurring on or after the day, after 
the date of enactment of this Act, on which a State 
first receives or uses Federal financial assistance for 
that program or activity. 
(c) REMEDIES AGAINST THE UNITED STATES AND 
THE STATES.—Notwithstanding any other provision of 
this Act, in an action or administrative proceeding against 
the United States or a State for a violation of this Act, 
remedies (including remedies at law and in equity, and 
interest) are available for the violation to the same extent 
as the remedies are available for a violation of title VII 
of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
by a private entity, except that— 
(1) punitive damages are not available; and 
(2) compensatory damages are available to the 
extent specified in section 1977A(b) of the Revised 
Statutes (42 U.S.C. 1981a(b)). 
SEC. 11. ATTORNEYS’ FEES. 
Notwithstanding any other provision of this Act, in 
an action or administrative proceeding for a violation of 
VerDate Aug 31 2005 
22:14 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3686.IH
H3686
bajohnson on PROD1PC71 with BILLS
this Act, an entity described in section 10(a) (other than 
paragraph (4) of such section), in the discretion of the 
entity, may allow the prevailing party, other than the 
Commission or the United States, a reasonable attorney’s 
fee (including expert fees) as part of the costs. The Com-
mission and the United States shall be liable for the costs 
to the same extent as a private person. 
SEC. 12. POSTING NOTICES. 
A covered entity who is required to post notices de-
scribed in section 711 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–10) shall post notices for employees, appli-
cants for employment, and members, to whom the provi-
sions specified in section 10(b) apply, that describe the 
applicable 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. 
SEC. 13. REGULATIONS. 
(a) IN GENERAL.—Except as provided in subsections 
(b), (c), and (d), the Commission shall have authority to 
issue regulations to carry out this Act. 
(b) LIBRARIAN
OF CONGRESS.—The Librarian of 
Congress shall have authority to issue regulations to carry 
out this Act with respect to employees and applicants for 
employment of the Library of Congress. 
VerDate Aug 31 2005 
22:14 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3686.IH
H3686
bajohnson on PROD1PC71 with BILLS
(c) BOARD.—The Board referred to in section 
10(a)(3) shall have authority to issue regulations to carry 
out this Act, in accordance with section 304 of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 1384), 
with respect to covered employees, as defined in section 
101 of such Act (2 U.S.C. 1301). 
(d) PRESIDENT.—The President shall have authority 
to issue regulations to carry out this Act with respect to 
covered employees, as defined in section 411(c) of title 3, 
United States Code. 
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 
regulation or any law or regulation of a State or political 
subdivision of a State. 
SEC. 15. SEVERABILITY. 
If any provision of this Act, or the application of the 
provision to any person or circumstance, is held to be in-
valid, the remainder of this Act and the application of the 
provision to any other person or circumstances shall not 
be affected by the invalidity. 
VerDate Aug 31 2005 
22:14 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3686.IH
H3686
bajohnson on PROD1PC71 with BILLS
SEC. 16. EFFECTIVE DATE. 
This Act shall take effect 6 months after the date 
of the enactment of this Act and shall not apply to conduct 
occurring before the effective date. 
Æ 
VerDate Aug 31 2005 
22:14 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6301
E:\BILLS\H3686.IH
H3686
bajohnson on PROD1PC71 with BILLS