I
107TH CONGRESS
1ST SESSION
H. R. 2692
To prohibit employment discrimination on the basis of sexual orientation.
IN THE HOUSE OF REPRESENTATIVES
JULY 31, 2001
Mr. SHAYS (for himself, Mr. FRANK, Mr. FOLEY, Mrs. TAUSCHER, Mr. ABER-
CROMBIE, Mr. ACEVEDO-VILA´, Mr. ACKERMAN, Mr. ALLEN, Mr. AN-
DREWS, Mr. BAIRD, Mr. BACA, Mr. BALDACCI, Ms. BALDWIN, Mr. BAR-
RETT of Wisconsin, Mr. BECERRA, Ms. BERKLEY, Mr. BERMAN, Mrs.
BIGGERT, Mr. BLAGOJEVICH, Mr. BLUMENAUER, Mr. BOEHLERT, Mr.
BONIOR, Mr. BORSKI, Mr. BOSWELL, Mr. BRADY of Pennsylvania, Mr.
BROWN of Ohio, Mrs. CAPPS, Mr. CAPUANO, Mr. CARDIN, Ms. CARSON
of Indiana, Mrs. CHRISTENSEN, Mr. CLAY, Mrs. CLAYTON, Mr. CLY-
BURN, Mr. CONYERS, Mr. COYNE, Mr. CROWLEY, Mr. CUMMINGS, Mr.
DAVIS
of Illinois, Mrs. DAVIS
of California, Mr. DEFAZIO, Ms.
DEGETTE, Mr. DELAHUNT, Ms. DELAURO, Mr. DEUTSCH, Mr. DICKS,
Mr. DOGGETT, Mr. DOOLEY of California, Mr. ENGEL, Ms. ESHOO, Mr.
EVANS, Mr. FALEOMAVAEGA, Mr. FATTAH, Mr. FARR of California, Mr.
FERGUSON, Mr. FILNER, Mr. FORD, Mr. FRELINGHUYSEN, Mr. FROST,
Mr. GEPHARDT, Mr. GILCHREST, Mr. GILMAN, Mr. GONZALEZ, Mr.
GREENWOOD, Mr. GUTIERREZ, Ms. HARMAN, Mr. HASTINGS of Florida,
Mr. HILLIARD, Mr. HINCHEY, Mr. HINOJOSA, Mr. HOEFFEL, Mr. HOLT,
Mr. HONDA, Ms. HOOLEY of Oregon, Mr. HORN, Mr. HOYER, Mr. INS-
LEE, Mr. ISRAEL, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. JOHN-
SON of Connecticut, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of
Texas, Mr. JEFFERSON, Mrs. JONES of Ohio, Mrs. KELLY, Mr. KEN-
NEDY of Rhode Island, Mr. KILDEE, Ms. KILPATRICK, Mr. KIND, Mr.
KIRK, Mr. KLECZKA, Mr. KOLBE, Mr. KUCINICH, Mr. LAFALCE, Mr.
LAMPSON, Mr. LANGEVIN, Mr. LANTOS, Mr. LARSEN of Washington, Mr.
LARSON of Connecticut, Mr. LEACH, Ms. LEE, Mr. LEVIN, Mr. LEWIS
of Georgia, Ms. LOFGREN, Mrs. LOWEY, Mr. LUTHER, Mrs. MCCARTHY
of New York, Ms. MCCARTHY of Missouri, Ms. MCCOLLUM, Mr.
MCDERMOTT, Mr. MCGOVERN, Ms. MCKINNEY, Mr. MCNULTY, Mrs.
MALONEY of New York, Mr. MALONEY of Connecticut, Mr. MARKEY, Mr.
MATHESON, Mr. MATSUI, Mr. MEEHAN, Mrs. MEEK of Florida, Mr.
MEEKS of New York, Mr. MENENDEZ, Ms. MILLENDER-MCDONALD, Mr.
GEORGE MILLER of California, Mrs. MINK of Hawaii, Mr. MOORE, Mr.
MORAN of Virginia, Mrs. MORELLA, Mr. NADLER, Mrs. NAPOLITANO,
Mr. NEAL of Massachusetts, Ms. NORTON, Mr. OLVER, Mr. OWENS, Mr.
PALLONE, Mr. PASTOR, Mr. PAYNE, Ms. PELOSI, Ms. PRYCE of Ohio,
Mr. PASCRELL, Mr. RANGEL, Mr. REYES, Ms. RIVERS, Mr. RODRIGUEZ,
Mr. ROTHMAN, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. SABO, Ms.
SANCHEZ, Mr. SANDERS, Mr. SAWYER, Ms. SCHAKOWSKY, Mr. SCHIFF,
Mr. SERRANO, Mr. SHERMAN, Mr. SIMMONS, Ms. SLAUGHTER, Mr.
SMITH of Washington, Ms. SOLIS, Mr. STARK, Mr. STRICKLAND, Mr.
THOMPSON of Mississippi, Mr. THOMPSON of California, Mrs. THURMAN,
Mr. TIERNEY, Mr. TOWNS, Mr. TRAFICANT, Mr. UDALL of Colorado, Mr.
UDALL of New Mexico, Mr. UNDERWOOD, Ms. VELA´ZQUEZ, Mr. VIS-
CLOSKY, Ms. WATERS, Ms. WATSON of California, Mr. WATT of North
Carolina, Mr. WAXMAN, Mr. WEINER, Mr. WEXLER, Ms. WOOLSEY, Mr.
WU, and Mr. WYNN) introduced the following bill; which was referred to
the Committee on Education and the Workforce, and in addition to the
Committees on House Administration, Government Reform, and the Judi-
ciary, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
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 2001’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to provide a comprehensive Federal prohibi-
tion of employment discrimination on the basis of
sexual orientation;
(2) to provide meaningful and effective rem-
edies for employment discrimination on the basis of
sexual orientation; and
(3) to invoke congressional powers, including
the powers to enforce the 14th amendment to the
Constitution, and to regulate interstate commerce
and provide for the general welfare pursuant to sec-
tion 8 of article I of the Constitution, in order to
prohibit employment discrimination on the basis of
sexual orientation.
SEC. 3. DEFINITIONS.
In this Act:
(1) COMMISSION.—The term ‘‘Commission’’
means the Equal Employment Opportunity Commis-
sion.
(2) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means an employer, employment agency, labor
organization, or joint labor-management committee.
(3) EMPLOYEE.—
(A) IN GENERAL.—The term ‘‘employee’’
means—
(i) an employee (as defined in section
701(f) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(f));
(ii) a Presidential appointee or State
employee to which section 302(a)(1) of the
Government Employee Rights Act of 1991
(2 U.S.C. 1202(a)(1)) applies;
(iii) a covered employee, as defined in
section 101 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301) or sec-
tion 411(c) of title 3, United States Code;
or
(iv) an employee or applicant to which
section 717(a) of the Civil Rights Act of
1964 (42 U.S.C. 2000e–16(a)) applies.
(B) EXCEPTION.—The term does not in-
clude a volunteer who receives no compensation.
(4) 
EMPLOYER.—The 
term 
‘‘employer’’
means—
(A) a person engaged in an industry affect-
ing commerce (as defined in section 701(h) of
the Civil Rights Act of 1964 (42 U.S.C.
2000e(h)) who has 15 or more employees (as
defined in subparagraphs (A)(i) and (B) of
paragraph (3)) for each working day in each of
20 or more calendar weeks in the current or
preceding calendar year, and any agent of such
a person, but does not include a bona fide pri-
vate membership club (other than a labor orga-
nization) that is exempt from taxation under
section 501(c) of the Internal Revenue Code of
1986;
(B) an employing authority to which sec-
tion 302(a)(1) of the Government Employee
Rights Act of 1991 applies;
(C) an employing office, as defined in sec-
tion 101 of the Congressional Accountability
Act of 1995 or section 411(c) of title 3, United
States Code; or
(D) an entity to which section 717(a) of
the Civil Rights Act of 1964 applies.
(5) EMPLOYMENT
AGENCY.—The term ‘‘em-
ployment agency’’ has the meaning given the term in
section 701(c) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(c)).
(6) LABOR ORGANIZATION.—The term ‘‘labor
organization’’ has the meaning given the term in
section 701(d) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(d)).
(7) PERSON.—The term ‘‘person’’ has the
meaning given the term in section 701(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e(a)).
(8) RELIGIOUS ORGANIZATION.—The term ‘‘re-
ligious organization’’ means—
(A) a religious corporation, association, or
society; or
(B) a school, college, university, or other
educational institution or institution of learn-
ing, if—
(i) the institution is in whole or sub-
stantial part controlled, managed, owned,
or supported by a religion, religious cor-
poration, association, or society; or
(ii) the curriculum of the institution is
directed toward the propagation of a reli-
gion.
(9) SEXUAL ORIENTATION.—The term ‘‘sexual
orientation’’ means homosexuality, bisexuality, or
heterosexuality, whether the orientation is real or
perceived.
(10) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 701(i) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e(i)).
SEC. 4. DISCRIMINATION PROHIBITED.
(a) EMPLOYER PRACTICES.—It shall be an unlawful
employment practice for an employer—
(1) to fail or refuse to hire or to discharge any
individual, or otherwise to discriminate against any
individual with respect to the compensation, terms,
conditions, or privileges of employment of the indi-
vidual, because of such individual’s sexual orienta-
tion; or
(2) to limit, segregate, or classify the employees
or applicants for employment of the employer in any
way that would deprive or tend to deprive any indi-
vidual of employment or otherwise adversely affect
the status of the individual as an employee, because
of such individual’s sexual orientation.
(b) EMPLOYMENT AGENCY PRACTICES.—It shall be
an unlawful employment practice for an employment agen-
cy to fail or refuse to refer for employment, or otherwise
to discriminate against, any individual because of the sex-
ual orientation of the individual or to classify or refer for
employment any individual on the basis of the sexual ori-
entation of the individual.
(c) LABOR ORGANIZATION PRACTICES.—It shall be
an 
unlawful 
employment 
practice 
for 
a 
labor
organization—
(1) to exclude or to expel from its membership,
or otherwise to discriminate against, any individual
because of the sexual orientation of the individual;
(2) to limit, segregate, or classify its member-
ship or applicants for membership, or to classify or
fail or refuse to refer for employment any individual,
in any way that would deprive or tend to deprive any
individual of employment, or would limit such em-
ployment or otherwise adversely affect the status of
the individual as an employee or as an applicant for
employment, because of such individual’s sexual ori-
entation; or
(3) to cause or attempt to cause an employer to
discriminate against an individual in violation of this
section.
(d) TRAINING PROGRAMS.—It shall be an unlawful
employment practice for any employer, labor organization,
or joint labor-management committee controlling appren-
ticeship or other training or retraining, including on-the-
job training programs, to discriminate against any indi-
vidual because of the sexual orientation of the individual
in admission to, or employment in, any program estab-
lished to provide apprenticeship or other training.
(e) ASSOCIATION.—An unlawful employment practice
described in any of subsections (a) through (d) shall be
considered to include an action described in that sub-
section, taken against an individual based on the sexual
orientation of a person with whom the individual associ-
ates or has associated.
(f) DISPARATE IMPACT.—Notwithstanding any other
provision of this Act, 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. RETALIATION AND COERCION PROHIBITED.
(a) RETALIATION.—A covered entity shall not dis-
criminate against an individual because such individual
opposed any act or practice prohibited by this Act or be-
cause such individual made a charge, assisted, testified,
or participated in any manner in an investigation, pro-
ceeding, or hearing under this Act.
(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 such individual’s
having exercised, enjoyed, or assisted in or encouraged the
exercise or enjoyment of, any right granted or protected
by this Act.
SEC. 6. BENEFITS.
This Act does not apply to the provision of employee
benefits to an individual for the benefit of the domestic
partner of such individual.
SEC. 7. COLLECTION OF STATISTICS PROHIBITED.
The Commission shall not collect statistics on sexual
orientation from covered entities, or compel the collection
of such statistics by covered entities.
SEC. 8. 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.
(c) ORDERS
AND CONSENT DECREES.—Notwith-
standing any other provision of this Act, an order or con-
sent decree entered for a violation of this Act may not
include a quota, or preferential treatment to an individual,
based on sexual orientation.
SEC. 9. RELIGIOUS EXEMPTION.
This Act shall not apply to a religious organization.
SEC. 10. 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.
(b) VETERANS’ PREFERENCES.—This Act 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. 11. CONSTRUCTION.
(a) NONPRIVATE CONDUCT.—Nothing in this Act
shall be construed to prohibit a covered entity from enforc-
ing rules regarding nonprivate sexual conduct, if the rules
of conduct are designed for, and uniformly applied to, all
individuals regardless of sexual orientation.
(b) ASSOCIATION.—Nothing in this Act shall be con-
strued to prohibit any association, or infringe upon any
right of association, guaranteed by the first amendment
to the Constitution, of any nonprofit, voluntary member-
ship organization.
SEC. 12. 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 (2 U.S.C.
1202 and 1220);
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 (2
U.S.C. 1202(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
(B) sections 302 and 304 of the Govern-
ment Employee Rights Act of 1991 (2 U.S.C.
1202 and 1220);
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 (2
U.S.C. 1202(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;
(6) a court of the United States shall have the
same jurisdiction and powers as the court has to
enforce—
(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 (2 U.S.C.
1202 and 1220) in the case of a claim alleged
by such individual for a violation of section
302(a)(1) of such Act (2 U.S.C. 1202(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;
(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)).
(d) PROHIBITION OF AFFIRMATIVE ACTION—Not-
withstanding any other provision of this section, affirma-
tive action for a violation of this Act may not be imposed.
Nothing in this section shall prevent the granting of relief
to any individual who suffers a violation of such individ-
ual’s rights provided in this Act.
SEC. 13. 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 12,
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 (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