NEW SEARCH | HOME | HELP
S.1284
Title: A bill to prohibit employment discrimination on the basis of sexual orientation.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/31/2001) Cosponsors (44)
Related Bills: H.R.2692
Latest Major Action: 11/15/2002 Placed on Senate Legislative Calendar under General Orders. Calendar No. 763.
Senate Reports: 107-341
SUMMARY AS OF:
11/15/2002--Reported to Senate amended. (There is 1 other summary)
Employment Non-Discrimination Act of 2002 - (Sec. 4) Prohibits employment agencies, labor organizations, and training programs from engaging in specified unlawful employment practices (discrimination) based upon sexual orientation.
Provides that only disparate treatment claims may be brought under this Act. Prohibits retaliation and coercion based upon any action taken by an individual under this Act.
Declares this Act inapplicable to the provision of employee benefits to an individual for the benefit of such individual's domestic partner.
(Sec. 7) Prohibits the Equal Employment Opportunity Commission from collecting or compelling collection of statistics on sexual orientation from an employer, employment agency, labor organization, or joint labor-management committee ("covered entity").
(Sec. 8) Prohibits a covered entity from: (1) adopting or implementing a quota on the basis of sexual orientation; or (2) granting preferential treatment on the basis of sexual orientation.
(Sec. 9) States that this Act shall not apply to: (1) a religious organization; (2) members of the Armed Forces; or (3) any law creating a special right or preference concerning employment for a veteran.
(Sec. 11) States that this Act shall not be construed to prohibit any association, or infringe upon any right of association, of any nonprofit, voluntary membership organization (as guaranteed by the first amendment to the Constitution).
(Sec. 12) Specifies procedures and remedies under title VII of the Civil Rights Act of 1964 to enforce this Act. Prohibits imposition of affirmative action for a violation of this Act.
(Sec. 13) Denies the States immunity under the 11th amendment to the U.S. Constitution from suit brought in Federal court for a violation of this Act.
States that a State's use of Federal funds for a State activity shall constitute a waiver of State sovereign immunity if suit is brought by an aggrieved party for a remedy authorized under this Act.
Makes the United States or a State liable for remedies to the same extent as under the Civil Rights Act of 1964, but denies punitive damages. Limits compensatory damages and attorneys' fees.
MAJOR ACTIONS:
| 7/31/2001 | Introduced in Senate |
| 11/15/2002 | Committee on Health, Education, Labor, and Pensions. Reported by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 107-341. Minority views filed. |
| 11/15/2002 | Placed on Senate Legislative Calendar under General Orders. Calendar No. 763. |
ALL ACTIONS:
- 7/31/2001:
- Sponsor introductory remarks on measure. (CR S8480)
- 7/31/2001:
- Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2/27/2002:
- Committee on Health, Education, Labor, and Pensions. Hearings held. Hearings printed: S.Hrg. 107-307.
- 4/24/2002:
- Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
- 11/15/2002:
- Committee on Health, Education, Labor, and Pensions. Reported by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 107-341. Minority views filed.
- 11/15/2002:
- Placed on Senate Legislative Calendar under General Orders. Calendar No. 763.
TITLE(S): (italics indicate a title for a portion of a bill)
- POPULAR TITLE(S):
Employment Discrimination bill (identified by CRS) - SHORT TITLE(S) AS INTRODUCED:
Employment Non-Discrimination Act of 2001 - SHORT TITLE(S) AS REPORTED TO SENATE:
Employment Non-Discrimination Act of 2002 - OFFICIAL TITLE AS INTRODUCED:
A bill to prohibit employment discrimination on the basis of sexual orientation.
COSPONSORS(44), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)
Sen Akaka, Daniel K. [HI] - 7/31/2001
Sen Baucus, Max [MT] - 7/31/2001
Sen Bayh, Evan [IN] - 7/31/2001
Sen Biden, Joseph R., Jr. [DE] - 7/31/2001
Sen Bingaman, Jeff [NM] - 7/31/2001
Sen Boxer, Barbara [CA] - 7/31/2001
Sen Breaux, John B. [LA] - 10/9/2001
Sen Cantwell, Maria [WA] - 7/31/2001
Sen Carnahan, Jean [MO] - 9/4/2001
Sen Carper, Thomas R. [DE] - 7/31/2001
Sen Chafee, Lincoln [RI] - 7/31/2001
Sen Cleland, Max [GA] - 7/31/2001
Sen Clinton, Hillary Rodham [NY] - 7/31/2001
Sen Collins, Susan M. [ME] - 6/6/2002
Sen Corzine, Jon S. [NJ] - 7/31/2001
Sen Daschle, Thomas A. [SD] - 7/31/2001
Sen Dayton, Mark [MN] - 7/31/2001
Sen Dodd, Christopher J. [CT] - 7/31/2001
Sen Durbin, Richard [IL] - 7/31/2001
Sen Edwards, John [NC] - 7/31/2001
Sen Feingold, Russell D. [WI] - 7/31/2001
Sen Feinstein, Dianne [CA] - 7/31/2001
Sen Harkin, Tom [IA] - 7/31/2001
Sen Inouye, Daniel K. [HI] - 7/31/2001
Sen Jeffords, James M. [VT] - 7/31/2001
Sen Kerry, John F. [MA] - 7/31/2001
Sen Kohl, Herb [WI] - 7/31/2001
Sen Landrieu, Mary L. [LA] - 7/31/2001
Sen Leahy, Patrick J. [VT] - 7/31/2001
Sen Levin, Carl [MI] - 7/31/2001
Sen Lieberman, Joseph I. [CT] - 7/31/2001
Sen Mikulski, Barbara A. [MD] - 7/31/2001
Sen Murray, Patty [WA] - 7/31/2001
Sen Nelson, Bill [FL] - 7/31/2001
Sen Reed, Jack [RI] - 7/31/2001
Sen Reid, Harry [NV] - 7/31/2001
Sen Sarbanes, Paul S. [MD] - 7/31/2001
Sen Schumer, Charles E. [NY] - 7/31/2001
Sen Smith, Gordon H. [OR] - 7/31/2001
Sen Specter, Arlen [PA] - 7/31/2001
Sen Stabenow, Debbie [MI] - 7/31/2001
Sen Torricelli, Robert G. [NJ] - 7/31/2001
Sen Wellstone, Paul D. [MN] - 7/31/2001
Sen Wyden, Ron [OR] - 7/31/2001
COMMITTEE(S):
| Committee/Subcommittee: | Activity: | |
| Senate Health, Education, Labor, and Pensions | Referral, Hearings, Markup, Reporting | |
RELATED BILL DETAILS: (additional related bills may be indentified in Status)
| Bill: | Relationship: |
| H.R.2692 | Identical bill identified by CRS |
AMENDMENT(S):
***NONE***