,,ic #aacth ,,congress #ast ,session ,s4 #hae ,,in ,,the ,,house ,,of ,,representatives ,november #ab1 #bjac,referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committees on ,house ,administration1 ,oversight and ,government ,reform1 and the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,,an ,,act ,to prohibit employment discrimination on the basis of sexual orientation or gender identity4 #a4 ,short title ,this ,act may be cited as the ,employment ,non-,discrimination ,act of #bjac4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to address the history and persistent1 widespread pattern of discrimination on the bases of sexual orientation and gender identity by private sector employers and local1 ,state1 and ,federal ,government employers2 7#b7 to provide an explicit1 comprehensive ,federal prohibition against employment discrimination on the bases of sexual orientation and gender identity1 including meaningful and effective remedies for any such discrimination2 7#c7 to invoke congressional powers1 including the powers to enforce the #adth ,amendment to the ,constitution1 and to regulate interstate commerce pursuant to section #h of article ,i of the ,constitution1 in order to prohibit employment discrimination on the bases of sexual orientation and gender identity2 and 7#d7 to reinforce the ,nation's commitment to fairness and equal opportunity in the workplace consistent with the fundamental right of religious freedom4 #c4 ,definitions 7a7 ,in general ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,equal ,employment ,opportunity ,commission4 7#b7 ,covered entity ,the term covered entity means an employer1 employment agency1 labor organization1 or joint labor-management committee4 7#c7 ,demonstrates ,the term demonstrates means meets the burdens of production and persuasion4 7#d7 ,employee 7,a7 ,in general ,the term employee means-- 7i7 an employee as defined in section #gja7;f7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7f772 7ii7 a ,state employee to which section #cjb7;a77#a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b7a77#a77 applies2 7iii7 a covered employee1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja7 or section #daa7;c7 of title #c1 ,united ,states ,code2 or 7iv7 an employee or applicant to which section #gag7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7;a77 applies4 7,b7 ,exception ,the provisions of this ,act that apply to an employee or individual shall not apply to a volunteer who receives no compensation4 7#e7 ,employer ,the term employer means-- 7,a7 a person engaged in an industry affecting commerce 7as defined in section #gja7;h7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7h77 who has #ae or more employees 7as defined in subparagraphs 7,a77i7 and 7,b7 of paragraph 7#d77 for each working day in each of #bj or more calendar weeks in the current or preceding calendar year1 and any agent of such a person1 but does not include a bona fide private membership club 7other than a labor organization7 that is exempt from taxation under section #eja7;c7 of the ,internal ,revenue ,code of #aihf2 7,b7 an employing authority to which section #cjb7;a77#a7 of the ,government ,employee ,rights ,act of #aiia applies2 7,c7 an employing office1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie or section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,d7 an entity to which section #gag7;a7 of the ,civil ,rights ,act of #aifd applies4 7#f7 ,employment agency ,the term employment agency has the meaning given the term in section #gja7;c7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7c774 7#g7 ,gender identity ,the term gender identity means the gender-related identity1 appearance1 or mannerisms or other gender-related characteristics of an individual1 with or without regard to the individual's designated sex at birth4 7#h7 ,labor organization ,the term labor organization has the meaning given the term in section #gja7;d7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7d774 7#i7 ,person ,the term person has the meaning given the term in section #gja7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7a774 7#aj7 ,sexual orientation ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 7#aa7 ,state ,the term ,state has the meaning given the term in section #gja7;i7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7i774 7b7 ,application of definitions ,for purposes of this section1 a reference in section #gja of the ,civil ,rights ,act of #aifd-- 7#a7 to an employee or an employer shall be considered to refer to an employee 7as defined in subsection 7a77#d77 or an employer 7as defined in subsection 7a77#e771 respectively1 except as provided in paragraph 7#b7 of this subsection2 and 7#b7 to an employer in subsection 7f7 of that section shall be considered to refer to an employer 7as defined in subsection 7a77#e77;,a774 #d4 ,employment discrimination prohibited 7a7 ,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 discriminate against any individual with respect to the compensation1 terms1 conditions1 or privileges of employment of the individual1 because of such individual's actual or perceived sexual orientation or gender identity2 or 7#b7 to limit1 segregate1 or classify the employees or applicants for employment of the employer in any way that would deprive or tend to deprive any individual of employment or otherwise adversely affect the status of the individual as an employee1 because of such individual's actual or perceived sexual orientation or gender identity4 7b7 ,employment agency practices ,it shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment1 or otherwise to discriminate against1 any individual because of the actual or perceived sexual orientation or gender identity of the individual or to classify or refer for employment any individual on the basis of the actual or perceived sexual orientation or gender identity of the individual4 7c7 ,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 actual or perceived sexual orientation or gender identity of the individual2 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 that would deprive or tend to deprive any individual of employment1 or would limit such employment or otherwise adversely affect the status of the individual as an employee or as an applicant for employment because of such individual's actual or perceived sexual orientation or gender identity2 or 7#c7 to cause or attempt to cause an employer to discriminate against an individual in violation of this section4 7d7 ,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 actual or perceived sexual orientation or gender identity of the individual in admission to1 or employment in1 any program established to provide apprenticeship or other training4 7e7 ,association ,an unlawful employment practice described in any of subsections 7a7 through 7d7 shall be considered to include an action described in that subsection1 taken against an individual based on the actual or perceived sexual orientation or gender identity of a person with whom the individual associates or has associated4 7f7 ,no preferential treatment or ,quotas ,nothing in this ,act shall be construed or interpreted to require or permit-- 7#a7 any covered entity to grant preferential treatment to any individual or to any group because of the actual or perceived sexual orientation or gender identity of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any actual or perceived sexual orientation or gender identity 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 of such actual or perceived sexual orientation or gender identity in any community1 ,state1 section1 or other area1 or in the available work force in any community1 ,state1 section1 or other area2 or 7#b7 the adoption or implementation by a covered entity of a quota on the basis of actual or perceived sexual orientation or gender identity4 7g7 ,no disparate impact claims ,only disparate treatment claims may be brought under this ,act4 7h7 ,standards of proof ,except as otherwise provided1 an unlawful employment practice is established when the complaining party demonstrates that sexual orientation or gender identity was a motivating factor for any employment practice1 even though other factors also motivated the practice4 #e4 ,retaliation prohibited ,it shall be an unlawful employment practice for a covered entity to discriminate against an individual because such individual-- 7#a7 opposed any practice made an unlawful employment practice by this ,act2 or 7#b7 made a charge1 testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing under this ,act4 #f4 ,exemption for ,religious ,organizations 7a7 ,in general ,this ,act shall not apply to a corporation1 association1 educational institution or institution of learning1 or society that is exempt from the religious discrimination provisions of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 pursuant to section #gjb7;a7 or #gjc7;e77#b7 of such ,act 7#db ,u4,s4,c4 #bjjj;e-#a7;a71 #bjjj;e-#b7;e77#b77 7referred to in this section as a religious employer74 7b7 ,prohibition on certain government actions ,a religious employer's exemption under this section shall not result in any action by a ,federal agency1 or any ,state or local agency that receives ,federal funding or financial assistance1 to penalize or withhold licenses1 permits1 certifications1 accreditation1 contracts1 grants1 guarantees1 tax-exempt status1 or any benefits or exemptions from that employer1 or to prohibit the employer's participation in programs or activities sponsored by that ,federal1 ,state1 or local agency4 ,nothing in this subsection shall be construed to invalidate any other ,federal1 ,state1 or local law 7including a regulation7 that otherwise applies to a religious employer exempt under this section4 #g4 ,nonapplication to members of the armed forces2 veterans' preferences 7a7 ,armed forces 7#a7 ,employment ,in this ,act1 the term employment does not apply to the relationship between the ,united ,states and members of the ,armed ,forces4 7#b7 ,armed forces ,in paragraph 7#a7 the term ,armed ,forces means the ,army1 ,navy1 ,air ,force1 ,marine ,corps1 and ,coast ,guard4 7b7 ,veterans' preferences ,this title does not repeal or modify any ,federal1 ,state1 territorial1 or local law creating a special right or preference concerning employment for a veteran4 #h4 ,construction 7a7 ,dress or grooming standards ,nothing in this ,act shall prohibit an employer from requiring an employee1 during the employee's hours at work1 to adhere to reasonable dress or grooming standards not prohibited by other provisions of ,federal1 ,state1 or local law1 provided that the employer permits any employee who has undergone gender transition prior to the time of employment1 and any employee who has notified the employer that the employee has undergone or is undergoing gender transition after the time of employment1 to adhere to the same dress or grooming standards as apply for the gender to which the employee has transitioned or is transitioning4 7b7 ,additional facilities not required ,nothing in this ,act shall be construed to require the construction of new or additional facilities4 #i4 ,collection of statistics prohibited ,the ,commission and the ,secretary of ,labor shall neither compel the collection of nor require the production of statistics on actual or perceived sexual orientation or gender identity from covered entities pursuant to this ,act4 #aj4 ,enforcement 7a7 ,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-- 7#a7 the ,commission shall have the same powers as the ,commission has to administer and enforce-- 7,a7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 or 7,b7 sections #cjb and #cjd of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b and #bjjj;e-#af;c71 in the case of a claim alleged by such individual for a violation of such title1 or of section #cjb7;a77#a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b7a77#a771 respectively2 7#b7 the ,librarian of ,congress shall have the same powers as the ,librarian of ,congress has to administer and enforce title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 in the case of a claim alleged by such individual for a violation of such title2 7#c7 the ,board 7as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja77 shall have the same powers as the ,board has to administer and enforce the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 in the case of a claim alleged by such individual for a violation of section #bja7;a77#a7 of such ,act 7#b ,u4,s4,c4 #acaa7;a77#a772 7#d7 the ,attorney ,general shall have the same powers as the ,attorney ,general has to administer and enforce-- 7,a7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 or 7,b7 sections #cjb and #cjd of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b and #bjjj;e-#af;c72 in the case of a claim alleged by such individual for a violation of such title1 or of section #cjb7;a77#a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b7a77#a771 respectively2 7#e7 the ,president1 the ,commission1 and the ,merit ,systems ,protection ,board shall have the same powers as the ,president1 the ,commission1 and the ,board1 respectively1 have to administer and enforce chapter #e of title #c1 ,united ,states ,code1 in the case of a claim alleged by such individual for a violation of section #daa of such title2 and 7#f7 a court of the ,united ,states shall have the same jurisdiction and powers as the court has to enforce-- 7,a7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 in the case of a claim alleged by such individual for a violation of such title2 7,b7 sections #cjb and #cjd of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b and #bjjj;e-#af;c7 in the case of a claim alleged by such individual for a violation of section #cjb7;a77#a7 of such ,act 7#db ,u4,s4,c4 #bjjj;e-#af;b7a77#a772 7,c7 the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 in the case of a claim alleged by such individual for a violation of section #bja7;a77#a7 of such ,act 7#b ,u4,s4,c4 #acaa7;a77#a772 and 7,d7 chapter #e of title #c1 ,united ,states ,code1 in the case of a claim alleged by such individual for a violation of section #daa of such title4 7b7 ,procedures and remedies ,except as provided in section #d7;g71 the procedures and remedies applicable to a claim alleged by an individual for a violation of this ,act are-- 7#a7 the procedures and remedies applicable for a violation of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 in the case of a claim alleged by such individual for a violation of such title2 7#b7 the procedures and remedies applicable for a violation of section #cjb7;a77#a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b7a77#a77 in the case of a claim alleged by such individual for a violation of such section2 7#c7 the procedures and remedies applicable for a violation of section #bja7;a77#a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa7;a77#a77 in the case of a claim alleged by such individual for a violation of such section2 and 7#d7 the procedures and remedies applicable for a violation of section #daa of title #c1 ,united ,states ,code1 in the case of a claim alleged by such individual for a violation of such section4 7c7 ,other applicable provisions ,with respect to a claim alleged by a covered employee 7as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja77 for a violation of this ,act1 title ,,iii of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acha et seq47 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 #bja7;a77#a7 of such ,act 7#b ,u4,s4,c4 #acaa7;a77#a774 7d7 ,no double recovery ,an individual who files claims alleging that a practice is an unlawful employment practice under this ,act and an unlawful employment practice because of sex under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 shall not be permitted to recover damages for such practice under both of-- 7#a7 this ,act2 and 7#b7 section #aigg;,a of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7 and title ,,vii of the ,civil ,rights ,act of #aifd4 7e7 ,motivating factor decisions ,on a claim in which an individual proved a violation under section #d7;h7 and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor1 the court-- 7#a7 may grant declaratory relief1 injunctive relief 7except as provided in paragraph 7#b771 and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section #d7;h72 and 7#b7 shall not award damages or issue an order requiring any admission1 reinstatement1 hiring1 promotion1 or payment4 #aa4 ,state and ,federal immunity 7a7 ,abrogation of ,state immunity ,a ,state shall not be immune under the #aath ,amendment to the ,constitution from a suit brought in a ,federal court of competent jurisdiction for a violation of this ,act4 7b7 ,waiver of ,state immunity 7#a7 ,in general 7,a7 ,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 immunity1 under the #aath ,amendment to the ,constitution or otherwise1 to a suit brought by an employee or applicant for employment of that program or activity under this ,act for a remedy authorized under subsection 7d74 7,b7 ,definition ,in this paragraph1 the term program or activity has the meaning given the term in section #fjf of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#d;a74 7#b7 ,effective date ,with respect to a particular program or activity1 paragraph 7#a7 applies to conduct occurring on or after the day1 after the date of enactment of this ,act1 on which a ,state first receives or uses ,federal financial assistance for that program or activity4 7c7 ,remedies ,against ,state ,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 complied with the applicable procedures of section #aj1 for equitable relief that is authorized under this ,act4 ,in such a suit the court may award to the prevailing party those costs authorized by section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh74 7d7 ,remedies against the ,united ,states and the ,states ,notwithstanding any other provision of this ,act1 in an action or administrative proceeding against the ,united ,states or a ,state for a violation of this ,act1 remedies 7including remedies at law and in equity1 and interest7 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 #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 by a private entity1 except that-- 7#a7 punitive damages are not available2 and 7#b7 compensatory damages are available to the extent specified in section #aigg;,a7b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7b774 #ab4 ,attorneys' fees 7a7 ,definition ,for purposes of this section1 the term decisionmaker means an entity described in section #aj7;a7 7other than paragraph 7#d7 of such section71 acting in the discretion of the entity4 7b7 ,authority ,notwithstanding any other provision of this ,act1 in an action or administrative proceeding for a violation of this ,act1 a decisionmaker may allow the prevailing party1 other than the ,commission or the ,united ,states1 a reasonable attorney's fee 7including expert fees7 as part of the costs1 to the same extent as is permitted under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq471 sections #cjb and #cjd of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b and #bjjj;e-#af;c71 the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq471 or chapter #e of title #c1 ,united ,states ,code1 whichever applies to the prevailing party in that action or proceeding4 ,the ,commission and the ,united ,states shall be liable for the costs to the same extent as a private person4 #ac4 ,posting notices ,a covered entity who is required to post a notice described in section #gaa of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#aj7 may be required to post an amended notice1 including a description of the applicable provisions of this ,act1 in the manner prescribed by1 and subject to the penalty provided under1 section #gaa of the ,civil ,rights ,act of #aifd4 ,nothing in this ,act shall be construed to require a separate notice to be posted4 #ad4 ,regulations 7a7 ,in general ,except as provided in subsections 7b71 7c71 and 7d71 the ,commission shall have authority to issue regulations to carry out this ,act4 7b7 ,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 ,congress4 7c7 ,board ,the ,board referred to in section #aj7;a77#c7 shall have authority to issue regulations to carry out this ,act1 in accordance with section #cjd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #achd71 with respect to covered employees1 as defined in section #aja of such ,act 7#b ,u4,s4,c4 #acja74 7d7 ,president ,the ,president shall have authority to issue regulations to carry out this ,act with respect to covered employees1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code1 and applicants for employment as such employees4 #ae4 ,relationship to other laws ,this ,act shall not invalidate or limit the rights1 remedies1 or procedures available to an individual claiming discrimination prohibited under any other ,federal law or regulation or any law or regulation of a ,state or political subdivision of a ,state4 #af4 ,severability ,if any provision of this ,act1 or the application of the provision to any person or circumstance1 is held to be invalid1 the remainder of this ,act and the application of the provision to any other person or circumstances shall not be affected by the invalidity4 #ag4 ,effective date ,this ,act shall take effect on the date that is #f months after the date of enactment of this ,act and shall not apply to conduct occurring before the effective date4 ,passed the ,senate ,november #g1 #bjac4,nancy ,erickson1,secretary