I 
108TH CONGRESS 
1ST SESSION H. R. 3285
To prohibit employment discrimination on the basis of sexual orientation. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2003
Mr. SHAYS (for himself, Mr. FRANK of Massachusetts, Mr. GREENWOOD, Mrs. 
TAUSCHER, Mr. ABERCROMBIE, Mr. ACEVEDO-VILA´, Mr. ACKERMAN, Mr. 
ALLEN, Mr. ANDREWS, Mr. BACA, Mr. BAIRD, Ms. BALDWIN, Mr. 
BECERRA, Mr. BELL, Ms. BERKLEY, Mr. BERMAN, Mrs. BIGGERT, Mr. 
BISHOP of Georgia, Mr. BISHOP of New York, Mr. BLUMENAUER, Mr. 
BOEHLERT, Mr. BOSWELL, Mr. BRADY of Pennsylvania, Ms. CORRINE 
BROWN of Florida, Mr. BROWN of Ohio, Mrs. CAPPS, Mr. CAPUANO, Mr. 
CARDIN, Ms. CARSON of Indiana, Mr. CASE, Mrs. CHRISTENSEN, Mr. 
CLAY, Mr. CLYBURN, Mr. CONYERS, Mr. COOPER, Mr. CROWLEY, Mr. 
CUMMINGS, Mr. DAVIS of Illinois, Mr. DAVIS of Florida, Mrs. DAVIS of 
California, Mr. DEFAZIO, Ms. DEGETTE, Mr. DELAHUNT, Ms. 
DELAURO, Mr. DEUTSCH, Mr. DICKS, Mr. DINGELL, Mr. DOGGETT, Mr. 
DOOLEY of California, Mr. DOYLE, Mr. EMANUEL, Mr. ENGEL, Ms. 
ESHOO, Mr. EVANS, Mr. FALEOMAVAEGA, Mr. FARR, Mr. FILNER, Mr. 
FOLEY, Mr. FORD, Mr. FROST, Mr. GEPHARDT, Mr. GONZALEZ, Mr. 
GRIJALVA, Mr. GUTIERREZ, Ms. HARMAN, Mr. HASTINGS of Florida, Mr. 
HINCHEY, Mr. HINOJOSA, Mr. HOEFFEL, Mr. HOLT, Mr. HONDA, Ms. 
HOOLEY of Oregon, Mr. HOYER, Mr. INSLEE, Mr. ISRAEL, Mr. JACKSON 
of Illinois, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Ms. EDDIE 
BERNICE JOHNSON of Texas, Mrs. JONES of Ohio, Mrs. JOHNSON of 
Connecticut, Mrs. KELLY, Mr. KENNEDY of Rhode Island, Mr. KILDEE, 
Ms. KILPATRICK, Mr. KIND, Mr. KIRK, Mr. KLECZKA, Mr. KOLBE, Mr. 
KUCINICH, 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. LYNCH, 
Mrs. MCCARTHY of New York, Ms. MCCARTHY of Missouri, Ms. MCCOL-
LUM, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCNULTY, Ms. MAJETTE, 
Mrs. MALONEY, Mr. MARKEY, Mr. MATHESON, Mr. MATSUI, Mr. MEE-
HAN, Mr. MEEK of Florida, Mr. MEEKS of New York, Mr. MENENDEZ, 
Mr. MICHAUD, Ms. MILLENDER-MCDONALD, Mr. MILLER of North Caro-
lina, Mr. GEORGE MILLER of California, Mr. MOORE, Mr. MORAN of Vir-
ginia, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL of Massachusetts, Ms. 
NORTON, Mr. OBERSTAR, Mr. OLVER, Mr. OSE, Mr. OWENS, Mr. 
PALLONE, Mr. PASCRELL, Mr. PASTOR, Mr. PAYNE, Ms. PELOSI, Ms.
PRYCE of Ohio, Mr. RANGEL, Mr. REYES, Mr. RODRIGUEZ, Ms. ROS-
LEHTINEN, Mr. ROTHMAN, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. SABO, 
Ms. LINDA T. SA´NCHEZ of California, Ms. LORETTA SANCHEZ of Cali-
fornia, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. SCOTT of Virginia, Mr. 
SERRANO, Mr. SCHIFF, Mr. SHERMAN, Mr. SIMMONS, Ms. SLAUGHTER, 
Mr. SMITH of Washington, Ms. SOLIS, Mr. STARK, Mr. STRICKLAND, Mr. 
SWEENEY, Mr. THOMPSON of Mississippi, Mr. THOMPSON of California, 
Mr. TIERNEY, Mr. TOWNS, Mr. UDALL of New Mexico, Mr. UDALL of 
Colorado, Mr. VAN HOLLEN, Ms. VELA´ZQUEZ, Mr. VISCLOSKY, Ms. WA-
TERS, Ms. WATSON, Mr. WATT, Mr. WAXMAN, Mr. WEINER, Mr. 
WEXLER, Ms. WOOLSEY, Mr. WU, and Mr. WYNN) introduced the fol-
lowing 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 Judiciary, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions 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 2003’’. 
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;
(ii) a Presidential appointee or State 
employee to which section 302(a)(1) of the 
Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16b(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 provisions of this 
Act that apply to an employee or individual 
shall not apply to 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)).
(b) APPLICATION OF DEFINITIONS.—For purposes of 
this section, a reference in section 701 of the Civil Rights 
Act of 1964—
(1) to an employee or an employer shall be con-
sidered to refer to an employee (as defined in para-
graph (3)) or an employer (as defined in paragraph 
(4)), respectively, except as provided in paragraph 
(2); and 
(2) to an employer in subsection (f) of that sec-
tion shall be considered to refer to an employer (as 
defined in paragraph (4)(A)). 
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 organiza-
tion—
(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.—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 opposed any practice made an unlawful 
employment practice by this Act, or because such indi-
vidual made a charge, testified, assisted, or participated
in any manner in an investigation, proceeding, or hearing 
under 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) EMPLOYER RULES AND POLICIES.—Nothing in 
this Act shall be construed to prohibit a covered entity 
from enforcing rules and policies, if the rules or policies 
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 (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; 
(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 (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;
(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 
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 (42 U.S.C. 2000e–
16b(a)(1)) in the case of a claim alleged by such in-
dividual 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 
(2) compensatory damages are available to the 
extent specified in section 1977A(b) of the Revised 
Statutes (42 U.S.C. 1981a(b)). 
SEC. 14. 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 12(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-
mission and the United States shall be liable for the costs 
to the same extent as a private person. 
SEC. 15. 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 12(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. 16. 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 
12(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). 
(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. 17. 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. 18. SEVERABILITY. 
If any provision of this Act, or the application of the 
provision to any person or circumstance, is held to be in-