I
103D CONGRESS
2D SESSION
H. R. 4636
To prohibit employment discrimination on the basis of sexual orientation.
IN THE HOUSE OF REPRESENTATIVES
JUNE 23, 1994
Mr. STUDDS (for himself, Mr. FRANK of Massachusetts, Mr. WAXMAN, Mr.
EDWARDS of California, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. AN-
DREWS of Maine, Mr. BACCHUS of Florida, Mr. BECERRA, Mr. BEILEN-
SON, Mr. BERMAN, Mr. BLACKWELL, Mr. BONIOR, Ms. CANTWELL, Mr.
CARDIN, Mr. CLAY, Mrs. CLAYTON, Miss COLLINS of Michigan, Mr. CON-
YERS, Mr. COPPERSMITH, Mr. DEFAZIO, Ms. DELAURO, Mr. DELLUMS,
Mr. DERRICK, Mr. DEUTSCH, Mr. DIXON, Mr. ENGEL, Ms. ENGLISH of
Arizona, Ms. ESHOO, Mr. EVANS, Mr. FARR of California, Mr. FAZIO,
Mr. FILNER, Mr. FLAKE, Mr. FOGLIETTA, Mr. FORD of Michigan, Ms.
FURSE, Mr. GEJDENSON, Mr. GONZALEZ, Mr. GUTIERREZ, Mr. HAM-
BURG, 
Ms. 
HARMAN, 
Mr. 
HASTINGS, 
Mr. 
HINCHEY, 
Mr.
HOCHBRUECKNER, Mr. HOYER, Mr. HUFFINGTON, Mr. JEFFERSON, Mr.
JOHNSTON of Florida, Mr. KENNEDY, Mr. KOPETSKI, Mr. KREIDLER,
Mr. LANTOS, Mr. LEWIS of Georgia, Mrs. LOWEY, Mr. MACHTLEY, Mrs.
MALONEY, Ms. MARGOLIES-MEZVINSKY, Mr. MARKEY, Mr. MARTINEZ,
Mr. MATSUI, Mr. MCDERMOTT, Ms. MCKINNEY, Mr. MEEHAN, Mrs.
MEEK, Mr. MENENDEZ, Mr. MFUME, Mr. MILLER of California, Mr. MI-
NETA, Mrs. MINK, Mr. MORAN, Mrs. MORELLA, Mr. NADLER, Ms. NOR-
TON, Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. PASTOR, Mr. PAYNE
of New Jersey, Ms. PELOSI, Mr. RANGEL, Mr. REED, Mr. REYNOLDS,
Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. SABO, Mr. SANDERS, Ms. SCHENK,
Mrs. SCHROEDER, Mr. SCHUMER, Mr. SERRANO, Mr. SHAYS, Mr.
SKAGGS, Ms. SLAUGHTER, Mr. STARK, Mr. STOKES, Mr. TORRICELLI,
Mr. TOWNS, Mr. UNDERWOOD, Mrs. UNSOELD, Ms. VELA´ZQUEZ, Mr.
VENTO, Mr. WASHINGTON, Ms. WATERS, Mr. WATT, Ms. WOOLSEY, Mr.
WYDEN, Mr. WYNN, and Mr. YATES) introduced the following bill; which
was referred to the Committee on Education and Labor
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 1994’’.
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
partner.
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
to a religious organization’s for-profit activities subject to
taxation under section 511(a) of the Internal Revenue
Code of 1986 as in effect on the date of the enactment
of this Act.
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
(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
provision to other persons or circumstances shall not be
affected thereby.
SEC. 16. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of
the enactment of this Act and shall not apply to conduct
occurring before such effective date.
SEC. 17. DEFINITIONS.
As used in this Act:
(1) The term ‘‘Commission’’ means the Equal
Employment Opportunity Commission.
(2) The term ‘‘covered entity’’ means an em-
ployer, employment agency, labor organization, joint
labor management committee, an entity to which
section 717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(a)) applies, an employing authority of
the House of Representatives, an employing office of
the Senate, or an instrumentality of the Congress.
(3) The term ‘‘employer’’ has the meaning
given such term in section 701(b) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e(b)).
(4) The term ‘‘employment agency’’ has the
meaning given such term in section 701(c) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e(c)).
(5) The term ‘‘employment or employment op-
portunities’’ includes job application procedures, hir-
ing, advancement, discharge, compensation, job
training, or any other term, condition, or privilege of
employment.
(6) The term ‘‘instrumentalities of the Con-
gress’’ has the meaning given such term in section
117(b)(4) of the Civil Rights Act of 1991 (2 U.S.C.
60l(b)(4)).
(7) The term ‘‘labor organization’’ has the
meaning given such term in section 701(d) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e(d)).
(8) The term ‘‘person’’ has the meaning given
such term in section 701(a) of the Civil Rights Act
of 1964 (42 U.S.C. 2000e(a)).
(9) The term ‘‘religious organization’’ means—
(A) a religious corporation, association, or
society; or
(B) a college, school, university, or other
educational institution, not otherwise a religious
organization, if—
(i) it is in whole or substantial part
controlled, managed, owned, or supported
by a religious corporation, association, or
society; or
(ii) its curriculum is directed toward
the propagation of a particular religion.
(10) The term ‘‘Senate employee’’ has the
meaning given such term in section 301(c) of the
Civil Rights Act of 1991 (2 U.S.C. 1201(c)).
(11) The term ‘‘sexual orientation’’ means les-
bian, gay, bisexual, or heterosexual orientation, real
or perceived, as manifested by identity, acts, state-
ments, or associations.
(12) The term ‘‘State’’ has the meaning given
such term in section 701(i) of the Civil Rights Act
of 1964 (42 U.S.C. 2000e(i)).
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