,,ii #aacth ,,congress #ast ,session ,s4 #abha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aa1 #bjac ,mr4 ,blumenthal introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to prohibit discrimination on the basis of military service1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,veterans and ,servicemembers ,employment ,rights and ,housing ,act of #bjac4 #b4 ,discrimination on the basis of military service 7a7 ,definitions ,in this section3 7#a7 ,civil rights definitions ,the terms complaining party1 demonstrates1 employee1 employer1 employment agency1 labor organization1 person1 respondent1 and ,state have the meanings given the terms in section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e74 7#b7 ,member of the uniformed services ,the term member of the uniformed services means an individual who-- 7,a7 is a member of-- 7i7 the uniformed services 7as defined in section #aja of title #aj1 ,united ,states ,code72 or 7ii7 the ,national ,guard in ,state status under title #cb1 ,united ,states ,code2 or 7,b7 was discharged or released from service in the uniformed services 7as so defined7 or the ,national ,guard in such status under conditions other than dishonorable4 7#c7 ,military service ,the term military service means status as a member of the uniformed services4 7b7 ,employer practices ,it shall be an unlawful employment practice for an employer-- 7#a7 to fail or refuse to hire or to discharge any individual1 or otherwise to discriminate against any individual with respect to the individual's compensation1 terms1 conditions1 or privileges of employment1 because of such individual's military service2 or 7#b7 to limit1 segregate1 or classify the employer's employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee1 because of such individual's military service4 7c7 ,employment agency practices ,it shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment1 or otherwise discriminate against1 any individual because of the individual's military service1 or to classify or refer for employment any individual on the basis of the individual's military service4 7d7 ,labor organization practices ,it shall be an unlawful employment practice for a labor organization-- 7#a7 to exclude or to expel from its membership1 or otherwise to discriminate against1 any individual because of the individual's military service2 7#b7 to limit1 segregate1 or classify its membership or applicants for membership1 or to classify or fail or refuse to refer for employment any individual1 in any way which would deprive or tend to deprive any individual of employment opportunities1 or would limit such employment opportunities or otherwise adversely affect the individual's status as an employee or as an applicant for employment1 because of such individual's military service2 or 7#c7 to cause or attempt to cause an employer to discriminate against an individual in violation of this section4 7e7 ,training programs ,it shall be an unlawful employment practice for any employer1 labor organization1 or joint labor-management committee controlling apprenticeship or other training or retraining1 including on-the-job training programs1 to discriminate against any individual because of the individual's military service in admission to1 or employment in1 any program established to provide apprenticeship or other training4 7f7 ,businesses or enterprises with personnel qualified on basis of military service ,notwithstanding any other provision of this section1 it shall not be an unlawful employment practice for an employer to hire and employ employees1 for an employment agency to classify1 or refer for employment any individual1 for a labor organization to classify its membership or to classify or refer for employment any individual1 or for an employer1 labor organization1 or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program1 on the basis of the individual's military service in those certain instances where military service is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise4 7g7 ,national security ,notwithstanding any other provision of this section1 it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position1 for an employer to discharge any individual from any position1 or for an employment agency to fail or refuse to refer any individual for employment in any position1 or for a labor organization to fail or refuse to refer any individual for employment in any position1 if-- 7#a7 the occupancy of such position1 or access to the premises in or upon which any part of the duties of such position is performed or is to be performed1 is subject to any requirement imposed in the interest of the national security of the ,united ,states under any security program in effect pursuant to or administered under any statute of the ,united ,states or any ,executive order of the ,president2 and 7#b7 such individual has not fulfilled or has ceased to fulfill that requirement4 7h7 ,seniority or merit system2 quantity or quality of production2 ability tests ,notwithstanding any other provision of this section1 it shall not be an unlawful employment practice for an employer to apply different standards of compensation1 or different terms1 conditions1 or privileges of employment pursuant to a bona fide seniority or merit system1 or a system which measures earnings by quantity or quality of production or to employees who work in different locations1 provided that such differences are not the result of an intention to discriminate because of military service1 nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test1 its administration1 or action upon the results is not designed1 intended1 or used to discriminate because of military service4 7i7 ,preferential treatment not ,to be granted on account of existing number or percentage imbalance ,nothing contained in this section shall be interpreted to require any employer1 employment agency1 labor organization1 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 imbalance which may exist with respect to the total number or percentage of persons with military service employed by any employer1 referred or classified for employment by any employment agency or labor organization1 admitted to membership or classified by any labor organization1 or admitted to1 or employed in1 any apprenticeship or other training program1 in comparison with the total number or percentage of persons with military service in any community1 ,state1 section1 or other area1 or in the available work force in any community1 ,state1 section1 or other area4 7j7 ,burden of proof in disparate impact cases 7#a7 ,disparate impact 7,a7 ,establishment ,an unlawful employment practice based on disparate impact is established under this section only if-- 7i7 a complaining party demonstrates that a respondent uses a particular employment 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 necessity2 or 7ii7 the complaining party makes the demonstration described in subparagraph 7,c7 with respect to an alternative employment practice and the respondent refuses to adopt such alternative employment practice4 7,b7 ,demonstration of causation 7i7 ,particular employment practices ,with respect to demonstrating that a particular employment practice causes a disparate impact as described in subparagraph 7,a77i71 the complaining party shall demonstrate that each particular challenged employment practice causes a disparate impact1 except that if the complaining party can demonstrate to the court that the elements of a respondent's decisionmaking process are not capable of separation for analysis1 the decisionmaking process may be analyzed as one employment practice4 7ii7 ,demonstration of noncausation ,if the respondent demonstrates that a specific employment practice does not cause the disparate impact1 the respondent shall not be required to demonstrate that such practice is required by business necessity4 7,c7 ,alternative employment practice ,the demonstration referred to by subparagraph 7,a77ii7 shall be in accordance with the law as it existed on ,june #d1 #aihi1 with respect to the concept of alternative employment practice4 7#b7 ,business necessity no defense to intentional 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 section4 7#c7 ,rules concerning controlled substances ,notwithstanding any other provision of this section1 a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance1 as defined in section #ajb7f7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7f77 and included in schedule ,i or ,,ii of the schedules specified in that section1 other than the use or possession of a drug taken under the supervision of a licensed health care professional1 or any other use or possession authorized by the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 or any other provision of ,federal law1 shall be considered an unlawful employment practice under this section only if such rule is adopted or applied with an intent to discriminate because of military service4 7k7 ,prohibition of discriminatory use of test scores ,it shall be an unlawful employment practice for a respondent1 in connection with the selection or referral of applicants or candidates for employment or promotion1 to adjust the scores of1 use different cutoff scores for1 or otherwise alter the results of1 employment related tests on the basis of military service4 7l7 ,impermissible consideration of military service in employment practices ,except as otherwise provided in this section1 an unlawful employment practice is established when the complaining party demonstrates that military service was a motivating factor for any employment practice1 even though other factors also motivated the practice4 7m7 ,resolution of challenges to employment practices implementing litigated or consent judgments or orders 7#a7 ,practices not challengeable 7,a7 ,practices to implement a litigated or consent judgment or order ,notwithstanding any other provision of law1 and except as provided in paragraph 7#b71 an employment practice that implements and is within the scope of a litigated or consent judgment or order that resolves a claim of employment discrimination under the ,constitution or ,federal civil rights laws may not be challenged under the circumstances described in subparagraph 7,b74 7,b7 ,circumstances ,a practice described in subparagraph 7,a7 may not be challenged in a claim under the ,constitution or ,federal civil rights laws-- 7i7 by a person who1 prior to the entry of the judgment or order described in subparagraph 7,a71 had-- 7,i7 actual notice of the proposed judgment or order sufficient to apprise such person that such judgment or order might adversely affect the interests and legal rights of such person and that an opportunity was available to present objections to such judgment or order by a future date certain2 and 7,,ii7 a reasonable opportunity to present objections to such judgment or order2 or 7ii7 by a person whose interests were adequately represented by another person who had previously challenged the judgment or order on the same legal grounds and with a similar factual situation1 unless there has been an intervening change in law or fact4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to-- 7,a7 alter the standards for intervention under rule #bd of the ,federal ,rules of ,civil ,procedure or apply to the rights of parties who have successfully intervened pursuant to such rule in the proceeding in which the parties intervened2 7,b7 apply to the rights of parties to the action in which a litigated or consent judgment or order was entered1 or of members of a class represented or sought to be represented in such action1 or of members of a group on whose behalf relief was sought in such action by the ,federal ,government2 7,c7 prevent challenges to a litigated or consent judgment or order on the ground that such judgment or order was obtained through collusion or fraud1 or is transparently invalid or was entered by a court lacking subject matter jurisdiction2 or 7,d7 authorize or permit the denial to any person of the due process of law required by the ,constitution4 7#c7 ,court for actions that are challengeable ,any action not precluded under this subsection that challenges an employment consent judgment or order described in paragraph 7#a7 shall be brought in the court1 and if possible before the judge1 that entered such judgment or order4 ,nothing in this subsection shall preclude a transfer of such action pursuant to section #adjd of title #bh1 ,united ,states ,code4 7n7 ,discrimination for making charges1 testifying1 assisting1 or participating in enforcement proceedings ,it shall be an unlawful employment practice for an employer to discriminate against any of the employer's employees or applicants for employment1 for an employment agency1 or joint labor-management committee controlling apprenticeship or other training or retraining1 including on-the-job training programs1 to discriminate against any individual1 or for a labor organization to discriminate against any member thereof or applicant for membership1 because the employee1 applicant1 individuals1 or member involved has opposed any practice made an unlawful employment practice by this section1 or has made a charge1 testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing under this section4 7o7 ,printing or publication of notices or advertisements ,it shall be an unlawful employment practice for an employer1 labor organization1 employment agency1 or joint labor-management committee controlling apprenticeship or other training or retraining1 including on-the-job training programs1 to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization1 or relating to any classification or referral for employment by such an employment agency1 or relating to admission to1 or employment in1 any program established to provide apprenticeship or other training by such a joint labor-management committee1 indicating any preference1 limitation1 specification1 or discrimination1 based on military service1 except that such a notice or advertisement may indicate a preference1 limitation1 specification1 or discrimination based on military service when military service is a bona fide occupational qualification for employment4 7p7 ,exemptions 7#a7 ,inapplicability of title to certain aliens ,this section shall not apply to an employer with respect to the employment of aliens outside any ,state4 7#b7 ,compliance with statute as violation of foreign law ,it shall not be unlawful under this section for an employer 7or a corporation controlled by an employer71 labor organization1 employment agency1 or joint labor-management committee controlling apprenticeship or other training or retraining 7including on-the-job training programs7 to take any action otherwise prohibited by such section1 with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer 7or such corporation71 such organization1 such agency1 or such committee to violate the law of the foreign country in which such workplace is located4 7#c7 ,control of corporation incorporated in foreign country 7,a7 ,in general ,if an employer controls a corporation whose place of incorporation is a foreign country1 any practice prohibited by this section engaged in by such corporation shall be presumed to be engaged in by such employer4 7,b7 ,foreign person not controlled by employer ,this section shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an ,american employer4 7,c7 ,control ,for purposes of this subsection1 the determination of whether an employer controls a corporation shall be based on-- 7i7 the interrelation of operations2 7ii7 the common management2 7iii7 the centralized control of labor relations2 and 7iv7 the common ownership or financial control1 of the employer and the corporation4 7#d7 ,claims of no military service ,nothing in this section shall provide the basis for a claim by an individual without military service that the individual was subject to discrimination because of the individual's lack of military service4 7q7 ,posting notices ,every employer1 employment agency1 labor organization1 or joint labor-management committee covered under this section shall post notices to applicants1 employees1 and members describing the applicable provisions of this section1 in the manner prescribed by section #gaa of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#aj74 7r7 ,regulations ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall issue regulations to carry out this section in accordance with subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code4 7s7 ,enforcement ,the powers1 remedies1 and procedures set forth in sections #gje1 #gjf1 #gjg1 #gjh1 #gji1 #gaj1 and #gab of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#d1 #bjjj;e-#e1 #bjjj;e-#f1 #bjjj;e-#g1 #bjjj;e-#h1 #bjjj;e-#i1 and #bjjj;e-#aa7 shall be the powers1 remedies1 and procedures this section provides to the ,equal ,employment ,opportunity ,commission1 to the ,attorney ,general1 or to any person alleging discrimination on the basis of military service in violation of any provision of this section1 or regulations promulgated under subsection 7r71 concerning employment4 #c4 ,ending housing discrimination against members of the uniformed services 7a7 ,definitions ,section #hjb of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjb7 is amended by adding at the end the following3 7p7 ,member of the uniformed services means an individual who-- 7#a7 is a member of-- 7,a7 the uniformed services 7as defined in section #aja of title #aj1 ,united ,states ,code72 or 7,b7 the ,national ,guard in ,state status under title #cb1 ,united ,states ,code2 or 7#b7 was discharged or released from service in the uniformed services 7as so defined7 or the ,national ,guard in such status under conditions other than dishonorable4 4 7b7 ,discrimination in the sale or rental of housing and other prohibited practices ,section #hjd of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjd7 is amended-- 7#a7 in subsection 7a71 by inserting or because the person is a member of the uniformed services after national origin2 7#b7 in subsection 7b71 by inserting or because the person is a member of the uniformed services after national origin2 7#c7 in subsection 7c71 by inserting or because a person is a member of the uniformed services1 after national origin12 and 7#d7 in subsection 7d71 by inserting 1 or because the person is a member of the uniformed services1 after national origin4 7c7 ,discrimination in residential real estate-,related transactions ,section #hje of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfje7 is amended-- 7#a7 in subsection 7a71 by inserting or because the person is a member of the uniformed services after national origin2 and 7#b7 in subsection 7c71 by striking 1 or familial status and inserting familial status1 or whether a person is a member of the uniformed services4 7d7 ,discrimination in the provision of brokerage services ,section #hjf of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjf7 is amended by inserting or because a person is a member of the uniformed services after national origin4 7e7 ,religious organization or private club exemption ,section #hjg7;a7 of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjg7;a77 is amended1 in the first sentence by inserting or to persons who are not members of the uniformed services after national origin4 7f7 ,administration ,section #hjh7;e77#f7 of the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfjh7;e77#f77 is amended1 in the first sentence1 by inserting 7including whether such persons and households are or include a member of the uniformed services7 after persons and households4 7g7 ,prevention of discrimination ,section #ija of the ,civil ,rights ,act of #aifh 7#db ,u4,s4,c4 #cfca7 is amended-- 7#a7 in subsection 7a71 by inserting 1 or because the person is a member of the uniformed services 7as such term is defined in section #hjb of this ,act71 after national origin2 7#b7 in subsection 7b77#a71 by inserting or because a person is a member of the uniformed services 7as such term is defined in section #hjb of this ,act71 after national origin12 and 7#c7 in subsection 7c71 by inserting or because a person is a member of the uniformed services 7as such term is defined in section #hjb of this ,act71 after national origin14 7h7 ,rule of construction ,the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq47 is amended by adding at the end the following3 #hba4 ,rule of construction relating to the treatment of members of the uniformed services 7a7 ,rule of construction ,nothing in this ,act may be construed to prohibit any person from-- 7#a7 making available to an individual a benefit with respect to a dwelling1 a residential real estate-related transaction 7as defined in section #hje of this ,act71 or a service described in section #hjf of this ,act because the individual is a member of the uniformed services2 or 7#b7 selling or renting a dwelling only to members of the uniformed services4 7b7 ,definition ,for purposes of this section1 the term benefit includes a term1 condition1 privilege1 promotion1 discount1 or other favorable treatment 7including an advertisement for such treatment7 having the purpose or effect of providing an advantage to a member of the uniformed services4 4 #d4 ,effective date ,this ,act shall become effective #abj days after the date of enactment of this ,act4