(i) PREFERENTIAL TREATMENT NOT TO BE GRANT-
ED ON ACCOUNT OF EXISTING NUMBER OR PERCENTAGE 
IMBALANCE.—Nothing contained in this section shall be 
interpreted to require any employer, employment agency, 
labor organization, or joint labor-management committee 
subject to this section to grant preferential treatment to 
any individual or to any group because of the military 
service of such individual or group on account of an imbal-
ance which may exist with respect to the total number or 
percentage of persons with military service employed by 
any employer, referred or classified for employment by any 
employment agency or labor organization, admitted to 
membership or classified by any labor organization, or ad-
mitted to, or employed in, any apprenticeship or other 
training program, in comparison with the total number or 
percentage of persons with military service in any commu-
nity, State, section, or other area, or in the available work 
force in any community, State, section, or other area. 
(j) BURDEN
OF PROOF
IN DISPARATE IMPACT 
CASES.— 
(1) DISPARATE IMPACT.— 
(A) ESTABLISHMENT.—An unlawful em-
ployment practice based on disparate impact is 
established under this section only if— 
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(i) a complaining party demonstrates 
that a respondent uses a particular em-
ployment practice that causes a disparate 
impact on the basis of military service and 
the respondent fails to demonstrate that 
the challenged practice is job related for 
the position in question and consistent 
with business necessity; or 
(ii) the complaining party makes the 
demonstration described in subparagraph 
(C) with respect to an alternative employ-
ment practice and the respondent refuses 
to adopt such alternative employment prac-
tice. 
(B) DEMONSTRATION OF CAUSATION.— 
(i) PARTICULAR EMPLOYMENT PRAC-
TICES.—With respect to demonstrating 
that a particular employment practice 
causes a disparate impact as described in 
subparagraph (A)(i), the complaining party 
shall demonstrate that each particular 
challenged employment practice causes a 
disparate impact, except that if the com-
plaining party can demonstrate to the 
court that the elements of a respondent’s 
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decisionmaking process are not capable of 
separation for analysis, the decisionmaking 
process may be analyzed as one employ-
ment practice. 
(ii) DEMONSTRATION OF NONCAUSA-
TION.—If the respondent demonstrates 
that a specific employment practice does 
not cause the disparate impact, the re-
spondent shall not be required to dem-
onstrate that such practice is required by 
business necessity. 
(C) ALTERNATIVE
EMPLOYMENT
PRAC-
TICE.—The demonstration referred to by sub-
paragraph (A)(ii) shall be in accordance with 
the law as it existed on June 4, 1989, with re-
spect to the concept of ‘‘alternative employment 
practice’’. 
(2) BUSINESS NECESSITY NO DEFENSE TO IN-
TENTIONAL
DISCRIMINATION.—A 
demonstration 
that an employment practice is required by business 
necessity may not be used as a defense against a 
claim of intentional discrimination under this sec-
tion. 
(3) RULES
CONCERNING
CONTROLLED
SUB-
STANCES.—Notwithstanding any other provision of 
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this section, a rule barring the employment of an in-
dividual who currently and knowingly uses or pos-
sesses a controlled substance, as defined in section 
102(6) of the Controlled Substances Act (21 U.S.C. 
802(6)) and included in schedule I or II of the 
schedules specified in that section, other than the 
use or possession of a drug taken under the super-
vision of a licensed health care professional, or any 
other use or possession authorized by the Controlled 
Substances Act (21 U.S.C. 801 et seq.) or any other 
provision of Federal law, shall be considered an un-
lawful employment practice under this section only if 
such rule is adopted or applied with an intent to dis-
criminate because of military service. 
(k) PROHIBITION OF DISCRIMINATORY USE OF TEST 
SCORES.—It shall be an unlawful employment practice for 
a respondent, in connection with the selection or referral 
of applicants or candidates for employment or promotion, 
to adjust the scores of, use different cutoff scores for, or 
otherwise alter the results of, employment related tests on 
the basis of military service. 
(l) IMPERMISSIBLE CONSIDERATION
OF MILITARY 
SERVICE IN EMPLOYMENT PRACTICES.—Except as other-
wise provided in this section, an unlawful employment 
practice is established when the complaining party dem-
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onstrates that military service was a motivating factor for 
any employment practice, even though other factors also 
motivated the practice. 
(m) RESOLUTION OF CHALLENGES TO EMPLOYMENT 
PRACTICES
IMPLEMENTING
LITIGATED
OR
CONSENT 
JUDGMENTS OR ORDERS.— 
(1) PRACTICES NOT CHALLENGEABLE.— 
(A) PRACTICES
TO
IMPLEMENT
A
LITI-
GATED OR CONSENT JUDGMENT OR ORDER.— 
Notwithstanding any other provision of law, 
and except as provided in paragraph (2), an 
employment practice that implements and is 
within the scope of a litigated or consent judg-
ment or order that resolves a claim of employ-
ment discrimination under the Constitution or 
Federal civil rights laws may not be challenged 
under the circumstances described in subpara-
graph (B). 
(B) 
CIRCUMSTANCES.—A 
practice 
de-
scribed in subparagraph (A) may not be chal-
lenged in a claim under the Constitution or 
Federal civil rights laws— 
(i) by a person who, prior to the entry 
of the judgment or order described in sub-
paragraph (A), had— 
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(I) actual notice of the proposed 
judgment or order sufficient to ap-
prise such person that such judgment 
or order might adversely affect the in-
terests and legal rights of such person 
and that an opportunity was available 
to present objections to such judg-
ment or order by a future date cer-
tain; and 
(II) a reasonable opportunity to 
present objections to such judgment 
or order; or 
(ii) by a person whose interests were 
adequately represented by another person 
who had previously challenged the judg-
ment or order on the same legal grounds 
and with a similar factual situation, unless 
there has been an intervening change in 
law or fact. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to— 
(A) alter the standards for intervention 
under rule 24 of the Federal Rules of Civil Pro-
cedure or apply to the rights of parties who 
have successfully intervened pursuant to such 
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rule in the proceeding in which the parties in-
tervened; 
(B) apply to the rights of parties to the ac-
tion in which a litigated or consent judgment or 
order was entered, or of members of a class 
represented or sought to be represented in such 
action, or of members of a group on whose be-
half relief was sought in such action by the 
Federal Government; 
(C) prevent challenges to a litigated or 
consent judgment or order on the ground that 
such judgment or order was obtained through 
collusion or fraud, or is transparently invalid or 
was entered by a court lacking subject matter 
jurisdiction; or 
(D) authorize or permit the denial to any 
person of the due process of law required by the 
Constitution. 
(3) 
COURT
FOR
ACTIONS
THAT
ARE 
CHALLENGEABLE.—Any action not precluded under 
this subsection that challenges an employment con-
sent judgment or order described in paragraph (1) 
shall be brought in the court, and if possible before 
the judge, that entered such judgment or order. 
Nothing in this subsection shall preclude a transfer 
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of such action pursuant to section 1404 of title 28, 
United States Code. 
(n) DISCRIMINATION FOR MAKING CHARGES, TESTI-
FYING, ASSISTING, OR PARTICIPATING IN ENFORCEMENT 
PROCEEDINGS.—It shall be an unlawful employment prac-
tice for an employer to discriminate against any of the 
employer’s employees or applicants for employment, for an 
employment agency, or joint labor-management committee 
controlling apprenticeship or other training or retraining, 
including on-the-job training programs, to discriminate 
against any individual, or for a labor organization to dis-
criminate against any member thereof or applicant for 
membership, because the employee, applicant, individuals, 
or member involved has opposed any practice made an un-
lawful employment practice by this section, or has made 
a charge, testified, assisted, or participated in any manner 
in an investigation, proceeding, or hearing under this sec-
tion. 
(o) PRINTING OR PUBLICATION OF NOTICES OR AD-
VERTISEMENTS.—It shall be an unlawful employment 
practice for an employer, labor organization, employment 
agency, or joint labor-management committee controlling 
apprenticeship or other training or retraining, including 
on-the-job training programs, to print or publish or cause 
to be printed or published any notice or advertisement re-
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lating to employment by such an employer or membership 
in or any classification or referral for employment by such 
a labor organization, or relating to any classification or 
referral for employment by such an employment agency, 
or relating to admission to, or employment in, any pro-
gram established to provide apprenticeship or other train-
ing by such a joint labor-management committee, indi-
cating any preference, limitation, specification, or dis-
crimination, based on military service, except that such a 
notice or advertisement may indicate a preference, limita-
tion, specification, or discrimination based on military 
service when military service is a bona fide occupational 
qualification for employment. 
(p) EXEMPTIONS.— 
(1) INAPPLICABILITY
OF
TITLE
TO
CERTAIN 
ALIENS.—This section shall not apply to an em-
ployer with respect to the employment of aliens out-
side any State. 
(2) COMPLIANCE WITH STATUTE AS VIOLATION 
OF FOREIGN LAW.—It shall not be unlawful under 
this section for an employer (or a corporation con-
trolled by an employer), labor organization, employ-
ment agency, or joint labor-management committee 
controlling apprenticeship or other training or re-
training (including on-the-job training programs) to 
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take any action otherwise prohibited by such section, 
with respect to an employee in a workplace in a for-
eign country if compliance with such section would 
cause such employer (or such corporation), such or-
ganization, such agency, or such committee to vio-
late the law of the foreign country in which such 
workplace is located. 
(3) CONTROL OF CORPORATION INCORPORATED 
IN FOREIGN COUNTRY.— 
(A) IN GENERAL.—If an employer controls 
a corporation whose place of incorporation is a 
foreign country, any practice prohibited by this 
section engaged in by such corporation shall be 
presumed to be engaged in by such employer. 
(B) FOREIGN PERSON NOT CONTROLLED 
BY
EMPLOYER.—This section shall not apply 
with respect to the foreign operations of an em-
ployer that is a foreign person not controlled by 
an American employer. 
(C) CONTROL.—For purposes of this sub-
section, the determination of whether an em-
ployer controls a corporation shall be based 
on— 
(i) the interrelation of operations; 
(ii) the common management; 
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(iii) the centralized control of labor re-
lations; and 
(iv) the common ownership or finan-
cial control, 
of the employer and the corporation. 
(4) CLAIMS OF NO MILITARY SERVICE.—Noth-
ing in this section shall provide the basis for a claim 
by an individual without military service that the in-
dividual was subject to discrimination because of the 
individual’s lack of military service. 
(q) POSTING NOTICES.—Every employer, employ-
ment agency, labor organization, or joint labor-manage-
ment committee covered under this section shall post no-
tices to applicants, employees, and members describing the 
applicable provisions of this section, in the manner pre-
scribed by section 711 of the Civil Rights Act of 1964 
(42 U.S.C. 2000e–10). 
(r) REGULATIONS.—Not later than 90 days after the 
date of enactment of this Act, the Commission shall issue 
regulations to carry out this section in accordance with 
subchapter II of chapter 5 of title 5, United States Code. 
(s) ENFORCEMENT.—The powers, remedies, and pro-
cedures set forth in sections 705, 706, 707, 708, 709, 710, 
and 712 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–4, 2000e–5, 2000e–6, 2000e–7, 2000e–8, 2000e– 
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9, and 2000e–11) shall be the powers, remedies, and pro-
cedures this section provides to the Equal Employment 
Opportunity Commission, to the Attorney General, or to 
any person alleging discrimination on the basis of military 
service in violation of any provision of this section, or reg-
ulations promulgated under subsection (s), concerning em-
ployment. 
SEC. 3. ENDING HOUSING DISCRIMINATION AGAINST MEM-
BERS OF THE UNIFORMED SERVICES. 
(a) DEFINITIONS.—Section 802 of the Fair Housing 
Act (42 U.S.C. 3602) is amended by adding at the end 
the following: 
‘‘(p) ‘Member of the uniformed services’ means an 
individual who— 
‘‘(1) is a member of— 
‘‘(A) the uniformed services (as defined in 
section 101 of title 10, United States Code); or 
‘‘(B) the National Guard in State status 
under title 32, United States Code; or 
‘‘(2) was discharged or released from service in 
the uniformed services (as so defined) or the Na-
tional Guard in such status under conditions other 
than dishonorable.’’. 
(b) DISCRIMINATION IN THE SALE OR RENTAL OF 
HOUSING AND OTHER PROHIBITED PRACTICES.—Section 
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804 of the Fair Housing Act (42 U.S.C. 3604) is amend-
ed— 
(1) in subsection (a), by inserting ‘‘or because 
the person is a member of the uniformed services’’ 
after ‘‘national origin’’; 
(2) in subsection (b), by inserting ‘‘or because 
the person is a member of the uniformed services’’ 
after ‘‘national origin’’; 
(3) in subsection (c), by inserting ‘‘or because 
a person is a member of the uniformed services,’’ 
after ‘‘national origin,’’; and 
(4) in subsection (d), by inserting ‘‘, or because 
the person is a member of the uniformed services,’’ 
after ‘‘national origin’’. 
(c) DISCRIMINATION IN RESIDENTIAL REAL ESTATE- 
RELATED
TRANSACTIONS.—Section 805 of the Fair 
Housing Act (42 U.S.C. 3605) is amended— 
(1) in subsection (a), by inserting ‘‘or because 
the person is a member of the uniformed services’’ 
after ‘‘national origin’’; and 
(2) in subsection (c), by striking ‘‘, or familial 
status’’ and inserting ‘‘familial status, or whether a 
person is a member of the uniformed services’’. 
(d) DISCRIMINATION IN THE PROVISION OF BROKER-
AGE SERVICES.—Section 806 of the Fair Housing Act (42 
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U.S.C. 3606) is amended by inserting ‘‘or because a per-
son is a member of the uniformed services’’ after ‘‘national 
origin’’. 
(e) RELIGIOUS ORGANIZATION OR PRIVATE CLUB 
EXEMPTION.—Section 807(a) of the Fair Housing Act 
(42 U.S.C. 3607(a)) is amended, in the first sentence by 
inserting ‘‘or to persons who are not members of the uni-
formed services’’ after ‘‘national origin’’. 
(f) ADMINISTRATION.—Section 808(e)(6) of the Fair 
Housing Act (42 U.S.C. 3608(e)(6)) is amended, in the 
first sentence, by inserting ‘‘(including whether such per-
sons and households are or include a member of the uni-
formed services)’’ after ‘‘persons and households’’. 
(g) PREVENTION OF DISCRIMINATION.—Section 901 
of the Civil Rights Act of 1968 (42 U.S.C. 3631) is 
amended— 
(1) in subsection (a), by inserting ‘‘, or because 
the person is a member of the uniformed services (as 
such term is defined in section 802 of this Act),’’ 
after ‘‘national origin’’; 
(2) in subsection (b)(1), by inserting ‘‘or be-
cause a person is a member of the uniformed serv-
ices (as such term is defined in section 802 of this 
Act),’’ after ‘‘national origin,’’; and 
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(3) in subsection (c), by inserting ‘‘or because 
a person is a member of the uniformed services (as 
such term is defined in section 802 of this Act),’’ 
after ‘‘national origin,’’. 
(h) RULE OF CONSTRUCTION.—The Fair Housing 
Act (42 U.S.C. 3601 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 821. RULE OF CONSTRUCTION RELATING TO THE 
TREATMENT OF MEMBERS OF THE UNI-
FORMED SERVICES. 
‘‘(a) RULE OF CONSTRUCTION.—Nothing in this Act 
may be construed to prohibit any person from— 
‘‘(1) making available to an individual a benefit 
with respect to a dwelling, a residential real estate- 
related transaction (as defined in section 805 of this 
Act), or a service described in section 806 of this 
Act because the individual is a member of the uni-
formed services; or 
‘‘(2) selling or renting a dwelling only to mem-
bers of the uniformed services. 
‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘benefit’ includes a term, condition, privilege, pro-
motion, discount, or other favorable treatment (including 
an advertisement for such treatment) having the purpose 
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or effect of providing an advantage to a member of the 
uniformed services.’’. 
SEC. 4. EFFECTIVE DATE. 
This Act shall become effective 120 days after the 
date of enactment of this Act. 
Æ 
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