(2) the adoption or implementation by a cov-
ered entity of a quota on the basis of actual or per-
ceived sexual orientation. 
(g) DISPARATE IMPACT.—Only disparate treatment 
claims may be brought under this Act. 
SEC. 5. RETALIATION PROHIBITED. 
It shall be an unlawful employment practice for a cov-
ered entity to discriminate against an individual because 
such individual (1) opposed any practice made an unlawful 
employment practice by this Act; or (2) made a charge, 
testified, assisted, or participated in any manner in an in-
vestigation, proceeding, or hearing under this Act. 
SEC. 6. EXEMPTION FOR RELIGIOUS ORGANIZATIONS. 
This Act shall not apply to a religious organization. 
SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED 
FORCES; VETERANS’ PREFERENCES. 
(a) ARMED FORCES.— 
(1) EMPLOYMENT.—In this Act, the term ‘‘em-
ployment’’ does not apply to the relationship be-
tween the United States and members of the Armed 
Forces. 
(2) ARMED
FORCES.—In paragraph (1) the 
term ‘‘Armed Forces’’ means the Army, Navy, Air 
Force, Marine Corps, and Coast Guard. 
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(b) VETERANS’ PREFERENCES.—This title does not 
repeal or modify any Federal, State, territorial, or local 
law creating a special right or preference concerning em-
ployment for a veteran. 
SEC. 8. CONSTRUCTION. 
(a) EMPLOYER RULES AND POLICIES.— 
(1) IN GENERAL.—Nothing in this Act shall be 
construed to prohibit a covered entity from enforcing 
rules and policies that do not intentionally cir-
cumvent the purposes of this Act, if the rules or 
policies are designed for, and uniformly applied to, 
all individuals regardless of actual or perceived sex-
ual orientation. 
(2) SEXUAL
HARASSMENT.—Nothing in this 
Act shall be construed to limit a covered entity from 
taking adverse action against an individual because 
of a charge of sexual harassment against that indi-
vidual, provided that rules and policies on sexual 
harassment, including when adverse action is taken, 
are designed for, and uniformly applied to, all indi-
viduals regardless of actual or perceived sexual ori-
entation. 
(3) ACTIONS CONDITIONED ON MARRIAGE.—An 
unlawful employment practice under section 4 shall 
include an action described in that section that is 
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conditioned, in a State in which a person cannot 
marry a person of the same sex, either on being 
married or being eligible to marry. 
(b) EMPLOYEE BENEFITS.—Nothing in this Act shall 
be construed to require a covered entity to treat a couple 
who are not married, including a same-sex couple who are 
not married, in the same manner as the covered entity 
treats a married couple for purposes of employee benefits. 
SEC. 9. COLLECTION OF STATISTICS PROHIBITED. 
The Commission shall not collect statistics on actual 
or perceived sexual orientation from covered entities, or 
compel the collection of such statistics by covered entities. 
SEC. 10. 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 and 304 of the Govern-
ment Employee Rights Act of 1991 (42 U.S.C. 
2000e–16b and 2000e–16c), 
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in the case of a claim alleged by such individual for 
a violation of such title, or of section 302(a)(1) of 
the Government Employee Rights Act of 1991 (42 
U.S.C. 2000e–16b(a)(1)), 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 (2 U.S.C. 
1301)) shall have the same powers as the Board has 
to administer and enforce the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1301 et seq.) in 
the case of a claim alleged by such individual for a 
violation of section 201(a)(1) of such Act (2 U.S.C. 
1311(a)(1)); 
(4) the Attorney General 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 
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(B) sections 302 and 304 of the Govern-
ment Employee Rights Act of 1991 (42 U.S.C. 
2000e–16b and 2000e–16c); 
in the case of a claim alleged by such individual for 
a violation of such title, or of section 302(a)(1) of 
the Government Employee Rights Act of 1991 (42 
U.S.C. 2000e–16b(a)(1)), respectively; 
(5) the President, the Commission, and the 
Merit Systems Protection Board shall have the same 
powers as the President, the Commission, and the 
Board, respectively, have to administer and enforce 
chapter 5 of title 3, United States Code, in the case 
of a claim alleged by such individual for a violation 
of section 411 of such title; and 
(6) a court of the United States shall have the 
same jurisdiction and powers as the court has to en-
force— 
(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 and 304 of the Govern-
ment Employee Rights Act of 1991 (42 U.S.C. 
2000e–16b and 2000e–16c) in the case of a 
claim alleged by such individual for a violation 
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of section 302(a)(1) of such Act (42 U.S.C. 
2000e–16b(a)(1)); 
(C) the Congressional Accountability Act 
of 1995 (2 U.S.C. 1301 et seq.) in the case of 
a claim alleged by such individual for a viola-
tion of section 201(a)(1) of such Act (2 U.S.C. 
1311(a)(1)); and 
(D) chapter 5 of title 3, United States 
Code, in the case of a claim alleged by such in-
dividual for a violation of section 411 of such 
title. 
(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; 
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(3) the procedures and remedies applicable for 
a violation of section 201(a)(1) of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in 
the case of a claim alleged by such individual for a 
violation of such section; and 
(4) the procedures and remedies applicable for 
a violation of section 411 of title 3, United States 
Code, in the case of a claim alleged by such indi-
vidual for a violation of such section. 
(c) OTHER APPLICABLE PROVISIONS.—With respect 
to a claim alleged by a covered employee (as defined in 
section 101 of the Congressional Accountability Act of 
1995 (2 U.S.C. 1301)) for a violation of this Act, title 
III of the Congressional Accountability Act of 1995 (2 
U.S.C. 1381 et seq.) shall apply in the same manner as 
such title applies with respect to a claim alleged by such 
a covered employee for a violation of section 201(a)(1) of 
such Act (2 U.S.C. 1311(a)(1)). 
SEC. 11. 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.— 
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(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 
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 
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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. 12. ATTORNEYS’ FEES. 
Notwithstanding any other provision of this Act, in 
an action or administrative proceeding for a violation of 
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-
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mission and the United States shall be liable for the costs 
to the same extent as a private person. 
SEC. 13. 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. 14. 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. 
(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). 
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(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. 15. 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. 16. 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. 
SEC. 17. 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. 
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Union Calendar No. 257 
110TH CONGRESS 
1ST SESSION 
H. R. 3685 
[Report No. 110–406, Part I] 
A BILL 
To prohibit employment discrimination on the basis 
of sexual orientation. 
OCTOBER 22, 2007 
Reported from the Committee on Education and Labor 
OCTOBER 22, 2007 
Committees on House Administration, Oversight and 
Government Reform, and the Judiciary discharged; 
committed to the Committee of the Whole House on 
the State of the Union and ordered to be printed 
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