article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Non-Discrimination Act of 1994''. SEC. 2. DISCRIMINATION PROHIBITED. A covered entity, in connection with employment or employment opportunities, shall not-- (1) subject an individual to different standards or treatment on the basis of sexual orientation; (2) discriminate against an individual based on the sexual orientation of persons with whom such individual is believed to associate or to have associated; or (3) otherwise discriminate against an individual on the basis of sexual orientation. SEC. 3. BENEFITS. This Act does not apply to the provision of employee benefits to an individual for the benefit of his or her partner. SEC. 4. NO DISPARATE IMPACT. 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. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED. (a) Quotas.--A covered entity shall not adopt or implement 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. SEC. 6. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to religious organizations. (b) For-Profit Activities.--This Act shall apply to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986 as in effect on the date of the enactment of this Act. SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS' PREFERENCES. (a) Armed Forces.--(1) For purposes of this Act, the term ``employment or employment opportunities'' does not apply to the relationship between the United States and members of the Armed Forces. (2) As used 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 special rights or preferences for veterans. SEC. 8. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act-- (1) the Commission and the Librarian of Congress shall have the same powers, respectively, as the Commission and the Librarian of Congress have to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); (2) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce such title; and (3) the district courts of the United States shall have the same jurisdiction and powers as such courts have to enforce such title and section 309 of the Civil Rights Act of 1991 (2 U.S.C. 1209). (b) Procedures and Remedies.--The procedures and remedies applicable to a claim for a violation of this Act are as follows: (1) For a violation alleged by an individual, other than an individual specified in paragraph (2) or (3), the procedures and remedies applicable to a claim brought by an individual for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) shall apply. (2) For a violation alleged by an employee of the House of Representatives or of an instrumentality of the Congress, the procedures and remedies applicable to a claim by such employee for a violation of section 117 of the Civil Rights Act of 1991 (2 U.S.C. 60l) shall apply. (3) For a violation alleged by a Senate employee, the procedures and remedies applicable to a claim by such employee for a violation of section 302 of the Civil Rights Act of 1991 (2 U.S.C. 1202) shall apply. SEC. 9. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh article of amendment to the Constitution 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, remedies (including remedies at law and in equity) are available 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 United States shall be liable for all remedies under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 10. ATTORNEYS' FEES. In any action or administrative proceeding commenced 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, including expert fees and other litigation expenses, and costs. The United States shall be liable for the foregoing the same as a private person. SEC. 11. RETALIATION AND COERCION PROHIBITED. (a) Retaliation.--A covered entity shall not discriminate against an individual because such individual opposed any act or practice prohibited by this Act or because such individual made a charge, assisted, testified, or participated in any manner in an investigation, proceeding, or hearing under this Act. (b) Coercion.--A person shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised, enjoyed, assisted, or encouraged the exercise or enjoyment of, any right granted or protected by this Act. SEC. 12. POSTING NOTICES. A covered entity shall post notices for employees, applicants for employment, and members 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. 13. REGULATIONS. The Commission shall have authority to issue regulations to carry out this Act. SEC. 14. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, 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. 15. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 16. 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. 17. DEFINITIONS. As used in this Act: (1) The term ``Commission'' means the Equal Employment Opportunity Commission. (2) The term ``covered entity'' means an employer, 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 of the House of Representatives, an employing office of the Senate, or an instrumentality of the Congress. (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)). (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 opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (6) The term ``instrumentalities of the Congress'' has the meaning given such term in section 117(b)(4) of the Civil Rights Act of 1991 (2 U.S.C. 60l(b)(4)). (7) 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)). (8) 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)). (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 ``Senate employee'' has the meaning given such term in section 301(c) of the Civil Rights Act of 1991 (2 U.S.C. 1201(c)). (11) The term ``sexual orientation'' means lesbian, gay, bisexual, or heterosexual orientation, real or perceived, as manifested by identity, acts, statements, or associations. (12) 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)).
summary: Employment Non-Discrimination Act of 1994 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including employing authorities of the House of Representatives, employing offices of the Senate, and instrumentalities of the Congress. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State and Federal immunity. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.