To promote fairness and equal opportunity in the workplace consistent with the fundamental right of religious freedom.

1. Rewrites section 2 through section 6

   Replaces

   Removes section 2 through section 6.

   Inserted: SEC. 2. PURPOSES.

   Inserted: The purposes of this Act are--

   Inserted: (1) to address the history and persistent, widespread pattern of discrimination on the bases of sexual orientation and gender identity by private sector employers and local, State, and Federal Government employers;

   Inserted: (2) to provide an explicit, comprehensive Federal prohibition against employment discrimination on the bases of sexual orientation and gender identity, including meaningful and effective remedies for any such discrimination;

   Inserted: (3) to invoke congressional powers, including the powers to enforce the 14th Amendment to the Constitution, and to regulate interstate commerce pursuant to section 8 of article I of the Constitution, in order to prohibit employment discrimination on the bases of sexual orientation and gender identity; and

   Inserted: (4) to reinforce the Nation's commitment to fairness and equal opportunity in the workplace consistent with the fundamental right of religious freedom.

   Inserted: SEC. 3. DEFINITIONS.

   Inserted: (a) In General.--In this Act:

   Inserted: (1) Commission.--The term "Commission" means the Equal Employment Opportunity Commission.

   Inserted: (2) Covered entity.--The term "covered entity" means an employer, employment agency, labor organization, or joint labor-management committee.

   Inserted: (3) Demonstrates.--The term "demonstrates" means meets the burdens of production and persuasion.

   Inserted: (4) Employee.--

   Show 43 more inserted paragraphsShow less

   Inserted: (A) In general.--The term "employee" means--

   Inserted: (i) an employee as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f));

   Inserted: (ii) a 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;

   Inserted: (iii) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) or section 411(c) of title 3, United States Code; or

   Inserted: (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.

   Inserted: (B) Exception.--The provisions of this Act that apply to an employee or individual shall not apply to a volunteer who receives no compensation.

   Inserted: (5) Employer.--The term "employer" means--

   Inserted: (A) a person engaged in an industry affecting 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 (4)) 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 private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986;

   Inserted: (B) an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 applies;

   Inserted: (C) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 or section 411(c) of title 3, United States Code; or

   Inserted: (D) an entity to which section 717(a) of the Civil Rights Act of 1964 applies.

   Inserted: (6) Employment agency.--The term "employment agency" has the meaning given the term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)).

   Inserted: (7) Gender identity.--The term "gender identity" means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth.

   Inserted: (8) 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)).

   Inserted: (9) 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)).

   Inserted: (10) Sexual orientation.--The term "sexual orientation" means homosexuality, heterosexuality, or bisexuality.

   Inserted: (11) State.--The term "State" has the meaning given the term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).

   Inserted: (b) Application of Definitions.--For purposes of this section, a reference in section 701 of the Civil Rights Act of 1964--

   Inserted: (1) to an employee or an employer shall be considered to refer to an employee (as defined in subsection (a)(4)) or an employer (as defined in subsection (a)(5)), respectively, except as provided in paragraph (2) of this subsection; and

   Inserted: (2) to an employer in subsection (f) of that section shall be considered to refer to an employer (as defined in subsection (a)(5)(A)).

   Inserted: SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED.

   Inserted: (a) Employer Practices.--It shall be an unlawful employment practice for an employer--

   Inserted: (1) to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual's actual or perceived sexual orientation or gender identity; or

   Inserted: (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 individual of employment or otherwise adversely affect the status of the individual as an employee, because of such individual's actual or perceived sexual orientation or gender identity.

   Inserted: (b) Employment Agency Practices.--It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, 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 individual.

   Inserted: (c) Labor Organization Practices.--It shall be an unlawful employment practice for a labor organization--

   Inserted: (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of the actual or perceived sexual orientation or gender identity of the individual;

   Inserted: (2) to limit, segregate, or classify its membership 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 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 identity; or

   Inserted: (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

   Inserted: (d) Training Programs.--It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of the actual or perceived sexual orientation or gender identity of the individual in admission to, or employment in, any program established to provide apprenticeship or other training.

   Inserted: (e) Association.--An unlawful employment practice described in any of subsections (a) through (d) shall be considered to include an action described in that subsection, 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 associated.

   Inserted: (f) No Preferential Treatment or Quotas.--Nothing in this Act shall be construed or interpreted to require or permit--

   Inserted: (1) 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 employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such actual or perceived sexual orientation or gender identity in any community, State, section, or other area, or in the available work force in any community, State, section, or other area; or

   Inserted: (2) the adoption or implementation by a covered entity of a quota on the basis of actual or perceived sexual orientation or gender identity.

   Inserted: (g) No Disparate Impact Claims.--Only disparate treatment claims may be brought under this Act.

   Inserted: (h) Standards of Proof.--Except as otherwise provided, an unlawful employment practice is established when the complaining party demonstrates that sexual orientation or gender identity was a motivating factor for any employment practice, even though other factors also motivated the practice.

   Inserted: SEC. 5. RETALIATION PROHIBITED.

   Inserted: It shall be an unlawful employment practice for a covered entity to discriminate against an individual because such individual--

   Inserted: (1) opposed any practice made an unlawful employment practice by this Act; or

   Inserted: (2) made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act.

   Inserted: SEC. 6. EXEMPTION FOR RELIGIOUS ORGANIZATIONS.

   Inserted: (a) In General.--This Act shall not apply to a corporation, association, educational institution or institution of learning, or society that is exempt from the religious discrimination provisions of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) pursuant to section 702(a) or 703(e)(2) of such Act (42 U.S.C. 2000e-1(a), 2000e-2(e)(2)) (referred to in this section as a "religious employer").

   Inserted: (b) Prohibition on Certain Government Actions.--A religious employer's exemption under this section shall not result in any action by a Federal agency, or any State or local agency that receives Federal funding or financial assistance, to penalize or withhold licenses, permits, certifications, accreditation, contracts, grants, guarantees, tax-exempt status, or any benefits or exemptions from that employer, or to prohibit the employer's participation in programs or activities sponsored by that Federal, State, or local agency. Nothing in this subsection shall be construed to invalidate any other Federal, State, or local law (including a regulation) that otherwise applies to a religious employer exempt under this section.

   Original wording

   Strike sections 2 through 6 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed