107th CONGRESS
1st Session
S. 1284
IN THE SENATE OF
THE UNITED STATES
Mr. KENNEDY (for himself, Mr. SPECTER, Mr. JEFFORDS, Mr. LIEBERMAN, Mr. DASCHLE, Mr. AKAKA, Mr. BAUCUS, Mr. BAYH, Mr. BIDEN, Mr. BINGAMAN, Mrs. BOXER, Ms. CANTWELL, Mr. CARPER, Mr. CHAFEE, Mr. CLELAND, Mrs. CLINTON, Mr. CORZINE, Mr. DAYTON, Mr. DODD, Mr. DURBIN, Mr. EDWARDS, Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. HARKIN, Mr. INOUYE, Mr. KERRY, Mr. KOHL, Ms. LANDRIEU, Mr. LEAHY, Mr. LEVIN, Ms. MIKULSKI, Mrs. MURRAY, Mr. NELSON of Florida, Mr. REED, Mr. REID, Mr. SARBANES, Mr. SCHUMER, Mr. SMITH of Oregon, Ms. STABENOW, Mr. TORRICELLI, Mr. WELLSTONE, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
This Act may be cited as the `Employment Non-Discrimination Act of 2001'.
The purposes of this Act are--
(1) to provide a comprehensive Federal prohibition of employment discrimination on the basis of sexual orientation;
(2) to provide meaningful and effective remedies for employment discrimination on the basis of sexual orientation; and
(3) to invoke congressional powers, including the powers to enforce the 14th amendment to the Constitution, and to regulate interstate commerce and provide for the general welfare pursuant to section 8 of article I of the Constitution, in order to prohibit employment discrimination on the basis of sexual orientation.
RELIGIOUS ORGANIZATION- The term `religious organization' means--
(A) a religious corporation, association, or society; or
(B) a school, college, university, or other educational institution or institution of learning, if--
(i) the institution is in whole or substantial part controlled, managed, owned, or supported by a religion, religious corporation, association, or society; or
(ii) the curriculum of the institution is directed toward the propagation of a religion.
SEXUAL ORIENTATION- The term `sexual orientation' means homosexuality, bisexuality, or heterosexuality, whether the orientation is real or perceived.
(a) EMPLOYER PRACTICES- It shall be an unlawful employment practice for an employer--
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual's sexual orientation; or
(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 sexual orientation.
(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.
(c) ORDERS AND CONSENT DECREES- Notwithstanding any other provision of this Act, an order or consent decree entered for a violation of this Act may not include a quota, or preferential treatment to an individual, based on sexual orientation.
This Act shall not apply to a religious organization.