with respect to a claims alleged by such covered employees
for violations of section 201(a)(1) of such Act.
SEC. 7. STATE AND FEDERAL IMMUNITY.
(a) STATE IMMUNITY.—A State shall not be immune
under the eleventh article of amendment to the Constitu-
tion of the United States from an action in a Federal court
of competent jurisdiction for a violation of this Act. In
an action against a State for a violation of this Act, rem-
edies (including remedies at law and in equity) are avail-
able for the violation to the same extent as such remedies
are available in an action against any public or private
entity other than a State.
(b) LIABILITY OF THE UNITED STATES.—The Unit-
ed States shall be liable for all remedies (excluding puni-
tive damages) under this Act to the same extent as a pri-
vate person and shall be liable to the same extent as a
nonpublic party for interest to compensate for delay in
payment.
SEC. 8. ATTORNEYS’ FEES.
In any action or administrative proceeding com-
menced pursuant to this Act, the court or the Commission,
in its discretion, may allow the prevailing party, other
than the United States, a reasonable attorney’s fee, in-
cluding expert fees and other litigation expenses, and
costs. The United States shall be liable for the foregoing
the same as a private person.
SEC. 9. POSTING NOTICES.
A covered entity shall post notices for employees, and
for applicants for employment, describing 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 (42 U.S.C. 2000e–10).
SEC. 10. REGULATIONS.
The Commission shall have authority to issue regula-
tions to carry out this Act.
SEC. 11. RELATIONSHIP TO OTHER LAWS.
This Act shall not invalidate or limit the rights, rem-
edies, or procedures available to an individual under title
VII of the Civil Rights Act of 1964, or any other Federal
law or any law of a State or political subdivision of a
State.
SEC. 12. 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. 13. 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. 14. 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 to
which section 302(a)(1) of the Government Em-
ployee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) ap-
plies, or an employing authority to which section
201(a) of the Congressional Accountability Act of
1995 (Public Law 104–1; 109 Stat. 3) applies.
(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)), except that a ref-
erence in such section to employees shall be deemed
for purposes of this Act to be a reference to full-time
employees.
(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 ‘‘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)).
(7) 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)).
(8) The term ‘‘factors pertaining to job per-
formance’’ means—
(A) employment history, including referrals
from previous employers,
(B) ability and willingness to comply with
the performance requirements (including at-
tendance and procedures) of the particular em-
ployment involved,
(C) educational background,
(D) any use of a drug or of alcohol, that
may adversely affect job performance,
(E) any conviction of an offense for which
a term of imprisonment exceeding 1 year could
have been imposed,
(F) any conflict of interest relating to the
particular employment involved,
(G) seniority recognized under an applica-
ble bona fide seniority system,
(H) ability to work well with others (co-
operation and teamwork), and
(I) insubordination.
(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 ‘‘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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