I
103D CONGRESS
1ST SESSION
H. R. 2484
To provide equal leave benefits for adoptive parents.
IN THE HOUSE OF REPRESENTATIVES
JUNE 22, 1993
Mr. OBERSTAR (for himself and Mr. KILDEE) introduced the following bill;
which was referred to the Committee on Education and Labor
A BILL
To provide equal leave benefits for adoptive parents.
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 ‘‘Leave Equity for
Adoptive Families Act of 1993’’.
SEC. 2. NONDISCRIMINATION.
It shall be an unlawful employment practice for an
employer to discriminate against an employee with respect
to a term or condition of any leave benefit on the basis
of the fact that a son or daughter of an employee is not
a biological child of the employee.
SEC. 3. CIVIL ACTION.
(a) IN GENERAL.—Subject to the limitations con-
tained in this section, any person may bring a civil action
against an employer to enforce the provisions of section
2 in any appropriate court of the United States or in any
State court of competent jurisdiction.
(b) TIMING OF COMMENCEMENT OF CIVIL ACTION.—
No civil action may be commenced under subsection (a)
later than 1 year after the date of the last event that con-
stitutes the alleged violation of section 2.
(c) VENUE.—An action brought under subsection (a)
in a district court of the United States may be brought
in any appropriate judicial district under section 1391 of
title 28, United States Code.
(d) RELIEF.—In any civil action brought under sub-
section (a), the court may—
(1) grant as relief against any respondent that
violates section 2—
(A) any permanent or temporary injunc-
tion, temporary restraining order, or other equi-
table relief as the court determines appropriate,
and
(B) damages in an amount equal to any
wages, salary, employment benefits, or other
compensation denied or lost to the employee
bringing the action by reason of the violation of
section 2, plus interest on the total monetary
damages calculated at the prevailing rate and
(2) award to a prevailing party (other than the
United States) in the action a reasonable attorney’s
fee.
SEC. 4. CONSTRUCTION.
Nothing in this Act shall be construed to require an
employer to provide any leave benefit that the employer
would not otherwise have provided to an employee with
a biological child.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) COMMERCE.—The terms ‘‘commerce’’ and
‘‘industry or activity affecting commerce’’ mean any
activity, business, or industry in commerce or in
which a labor dispute would hinder or obstruct com-
merce or the free flow of commerce, and include
‘‘commerce’’ and any ‘‘industry affecting com-
merce’’, as defined in paragraphs (3) and (1), re-
spectively, of section 120 of the Labor Management
Relations Act, 1947 (29 U.S.C. 142 (3) and (1)).
(2) EMPLOY.—The term ‘‘employ’’ has the
meaning given the term in section 3(g) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(g)).
(3) EMPLOYEE.—The term ‘‘employee’’ means
any individual employed by an employer.
(4) EMPLOYER.—The term ‘‘employer’’ means
any person engaged in commerce or in any industry
or activity affecting commerce.
(5) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ means all benefits provided or
made available to employees by an employer, includ-
ing health insurance, sick leave, and annual leave,
regardless of whether such benefits are provided by
a policy or practice of an employer or through an
‘‘employee welfare benefit plan’’, as defined in sec-
tion 3(3) of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1002(1)).
(6) LEAVE BENEFIT.—The term ‘‘leave benefit’’
means—
(A) any leave provided by the employer to
enable a parent to prepare for the arrival of a
son or daughter or to care for a son or daugh-
ter;
(B) any right to reemployment with the
employer after the leave described in subpara-
graph (A); and
(C) any right to the receipt of pay or em-
ployment benefits, or the accrual of seniority,
during the leave described in subparagraph (A).
(7) PARENT.—The term ‘‘parent’’ means the
biological parent, adoptive parent, prospective adop-
tive parent, legal guardian, or stepparent, of the
child.
(8) SON
OR
DAUGHTER.—The term ‘‘son or
daughter’’ means a biological or adopted child, a
stepchild, a legal ward, or a child placed for adop-
tion.
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