Text of US SB 815 (2014)

II 113TH CONGRESS 1ST SESSION S. 815 To prohibit employment discrimination on the basis of sexual orientation or gender identity. IN THE SENATE OF THE UNITED STATES APRIL 25, 2013 Mr. MERKLEY (for himself, Mr. HARKIN, Mr. KIRK, Ms. COLLINS, and Ms. BALDWIN) introduced the following bill; which was read twice and re- ferred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit employment discrimination on the basis of sexual orientation or gender identity. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Employment Non-Dis- 4 crimination Act of 2013’’. 5 SEC. 2. PURPOSES. 6 The purposes of this Act are— 7 (1) to address the history and persistent, wide- 8 spread pattern of discrimination, including unconsti- 9 tutional discrimination, on the bases of sexual ori- 10 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 2 •S 815 IS entation and gender identity by private sector em- 1 ployers and local, State, and Federal Government 2 employers; 3 (2) to provide an explicit, comprehensive Fed- 4 eral prohibition against employment discrimination 5 on the bases of sexual orientation and gender iden- 6 tity, including meaningful and effective remedies for 7 any such discrimination; and 8 (3) to invoke congressional powers, including 9 the powers to enforce the 14th Amendment to the 10 Constitution, and to regulate interstate commerce 11 pursuant to section 8 of article I of the Constitution, 12 in order to prohibit employment discrimination on 13 the bases of sexual orientation and gender identity. 14 SEC. 3. DEFINITIONS. 15 (a) IN GENERAL.—In this Act: 16 (1) COMMISSION.—The term ‘‘Commission’’ 17 means the Equal Employment Opportunity Commis- 18 sion. 19 (2) COVERED ENTITY.—The term ‘‘covered en- 20 tity’’ means an employer, employment agency, labor 21 organization, or joint labor-management committee. 22 (3) EMPLOYEE.— 23 (A) IN GENERAL.—The term ‘‘employee’’ 24 means— 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 3 •S 815 IS (i) an employee as defined in section 1 701(f) of the Civil Rights Act of 1964 (42 2 U.S.C. 2000e(f)); 3 (ii) a State employee to which section 4 302(a)(1) of the Government Employee 5 Rights Act of 1991 (42 U.S.C. 2000e– 6 16b(a)(1)) applies; 7 (iii) a covered employee, as defined in 8 section 101 of the Congressional Account- 9 ability Act of 1995 (2 U.S.C. 1301) or sec- 10 tion 411(c) of title 3, United States Code; 11 or 12 (iv) an employee or applicant to which 13 section 717(a) of the Civil Rights Act of 14 1964 (42 U.S.C. 2000e–16(a)) applies. 15 (B) EXCEPTION.—The provisions of this 16 Act that apply to an employee or individual 17 shall not apply to a volunteer who receives no 18 compensation. 19 (4) EMPLOYER.—The term ‘‘employer’’ 20 means— 21 (A) a person engaged in an industry affect- 22 ing commerce (as defined in section 701(h) of 23 the Civil Rights Act of 1964 (42 U.S.C. 24 2000e(h)) who has 15 or more employees (as 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 4 •S 815 IS defined in subparagraphs (A)(i) and (B) of 1 paragraph (3)) for each working day in each of 2 20 or more calendar weeks in the current or 3 preceding calendar year, and any agent of such 4 a person, but does not include a bona fide pri- 5 vate membership club (other than a labor orga- 6 nization) that is exempt from taxation under 7 section 501(c) of the Internal Revenue Code of 8 1986; 9 (B) an employing authority to which sec- 10 tion 302(a)(1) of the Government Employee 11 Rights Act of 1991 applies; 12 (C) an employing office, as defined in sec- 13 tion 101 of the Congressional Accountability 14 Act of 1995 or section 411(c) of title 3, United 15 States Code; or 16 (D) an entity to which section 717(a) of 17 the Civil Rights Act of 1964 applies. 18 (5) EMPLOYMENT AGENCY.—The term ‘‘em- 19 ployment agency’’ has the meaning given the term in 20 section 701(c) of the Civil Rights Act of 1964 (42 21 U.S.C. 2000e(c)). 22 (6) GENDER IDENTITY.—The term ‘‘gender 23 identity’’ means the gender-related identity, appear- 24 ance, or mannerisms or other gender-related charac- 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 5 •S 815 IS teristics of an individual, with or without regard to 1 the individual’s designated sex at birth. 2 (7) LABOR ORGANIZATION.—The term ‘‘labor 3 organization’’ has the meaning given the term in 4 section 701(d) of the Civil Rights Act of 1964 (42 5 U.S.C. 2000e(d)). 6 (8) PERSON.—The term ‘‘person’’ has the 7 meaning given the term in section 701(a) of the 8 Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). 9 (9) SEXUAL ORIENTATION.—The term ‘‘sexual 10 orientation’’ means homosexuality, heterosexuality, 11 or bisexuality. 12 (10) STATE.—The term ‘‘State’’ has the mean- 13 ing given the term in section 701(i) of the Civil 14 Rights Act of 1964 (42 U.S.C. 2000e(i)). 15 (b) APPLICATION OF DEFINITIONS.—For purposes of 16 this section, a reference in section 701 of the Civil Rights 17 Act of 1964— 18 (1) to an employee or an employer shall be con- 19 sidered to refer to an employee (as defined in sub- 20 section (a)(3)) or an employer (as defined in sub- 21 section (a)(4)), respectively, except as provided in 22 paragraph (2) of this subsection; and 23 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 6 •S 815 IS (2) to an employer in subsection (f) of that sec- 1 tion shall be considered to refer to an employer (as 2 defined in subsection (a)(4)(A)). 3 SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED. 4 (a) EMPLOYER PRACTICES.—It shall be an unlawful 5 employment practice for an employer— 6 (1) to fail or refuse to hire or to discharge any 7 individual, or otherwise discriminate against any in- 8 dividual with respect to the compensation, terms, 9 conditions, or privileges of employment of the indi- 10 vidual, because of such individual’s actual or per- 11 ceived sexual orientation or gender identity; or 12 (2) to limit, segregate, or classify the employees 13 or applicants for employment of the employer in any 14 way that would deprive or tend to deprive any indi- 15 vidual of employment or otherwise adversely affect 16 the status of the individual as an employee, because 17 of such individual’s actual or perceived sexual ori- 18 entation or gender identity. 19 (b) EMPLOYMENT AGENCY PRACTICES.—It shall be 20 an unlawful employment practice for an employment agen- 21 cy to fail or refuse to refer for employment, or otherwise 22 to discriminate against, any individual because of the ac- 23 tual or perceived sexual orientation or gender identity of 24 the individual or to classify or refer for employment any 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 7 •S 815 IS individual on the basis of the actual or perceived sexual 1 orientation or gender identity of the individual. 2 (c) LABOR ORGANIZATION PRACTICES.—It shall be 3 an unlawful employment practice for a labor organiza- 4 tion— 5 (1) to exclude or to expel from its membership, 6 or otherwise to discriminate against, any individual 7 because of the actual or perceived sexual orientation 8 or gender identity of the individual; 9 (2) to limit, segregate, or classify its member- 10 ship or applicants for membership, or to classify or 11 fail or refuse to refer for employment any individual, 12 in any way that would deprive or tend to deprive any 13 individual of employment, or would limit such em- 14 ployment or otherwise adversely affect the status of 15 the individual as an employee or as an applicant for 16 employment because of such individual’s actual or 17 perceived sexual orientation or gender identity; or 18 (3) to cause or attempt to cause an employer to 19 discriminate against an individual in violation of this 20 section. 21 (d) TRAINING PROGRAMS.—It shall be an unlawful 22 employment practice for any employer, labor organization, 23 or joint labor-management committee controlling appren- 24 ticeship or other training or retraining, including on-the- 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 8 •S 815 IS job training programs, to discriminate against any indi- 1 vidual because of the actual or perceived sexual orientation 2 or gender identity of the individual in admission to, or em- 3 ployment in, any program established to provide appren- 4 ticeship or other training. 5 (e) ASSOCIATION.—An unlawful employment practice 6 described in any of subsections (a) through (d) shall be 7 considered to include an action described in that sub- 8 section, taken against an individual based on the actual 9 or perceived sexual orientation or gender identity of a per- 10 son with whom the individual associates or has associated. 11 (f) NO PREFERENTIAL TREATMENT OR QUOTAS.— 12 Nothing in this Act shall be construed or interpreted to 13 require or permit— 14 (1) any covered entity to grant preferential 15 treatment to any individual or to any group because 16 of the actual or perceived sexual orientation or gen- 17 der identity of such individual or group on account 18 of an imbalance which may exist with respect to the 19 total number or percentage of persons of any actual 20 or perceived sexual orientation or gender identity 21 employed by any employer, referred or classified for 22 employment by any employment agency or labor or- 23 ganization, admitted to membership or classified by 24 any labor organization, or admitted to, or employed 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 9 •S 815 IS in, any apprenticeship or other training program, in 1 comparison with the total number or percentage of 2 persons of such actual or perceived sexual orienta- 3 tion or gender identity in any community, State, sec- 4 tion, or other area, or in the available work force in 5 any community, State, section, or other area; or 6 (2) the adoption or implementation by a cov- 7 ered entity of a quota on the basis of actual or per- 8 ceived sexual orientation or gender identity. 9 (g) DISPARATE IMPACT.—Only disparate treatment 10 claims may be brought under this Act. 11 SEC. 5. RETALIATION PROHIBITED. 12 It shall be an unlawful employment practice for a cov- 13 ered entity to discriminate against an individual because 14 such individual— 15 (1) opposed any practice made an unlawful em- 16 ployment practice by this Act; or 17 (2) made a charge, testified, assisted, or partici- 18 pated in any manner in an investigation, proceeding, 19 or hearing under this Act. 20 SEC. 6. EXEMPTION FOR RELIGIOUS ORGANIZATIONS. 21 This Act shall not apply to a corporation, association, 22 educational institution or institution of learning, or society 23 that is exempt from the religious discrimination provisions 24 of title VII of the Civil Rights Act of 1964 pursuant (42 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 10 •S 815 IS U.S.C. 2000e et seq.) to section 702(a) or 703(e)(2) of 1 such Act (42 U.S.C. 2000e–1(a), 2000e–2(e)(2)). 2 SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED 3 FORCES; VETERANS’ PREFERENCES. 4 (a) ARMED FORCES.— 5 (1) EMPLOYMENT.—In this Act, the term ‘‘em- 6 ployment’’ does not apply to the relationship be- 7 tween the United States and members of the Armed 8 Forces. 9 (2) ARMED FORCES.—In paragraph (1) the 10 term ‘‘Armed Forces’’ means the Army, Navy, Air 11 Force, Marine Corps, and Coast Guard. 12 (b) VETERANS’ PREFERENCES.—This title does not 13 repeal or modify any Federal, State, territorial, or local 14 law creating a special right or preference concerning em- 15 ployment for a veteran. 16 SEC. 8. CONSTRUCTION. 17 (a) DRESS OR GROOMING STANDARDS.—Nothing in 18 this Act shall prohibit an employer from requiring an em- 19 ployee, during the employee’s hours at work, to adhere to 20 reasonable dress or grooming standards not prohibited by 21 other provisions of Federal, State, or local law, provided 22 that the employer permits any employee who has under- 23 gone gender transition prior to the time of employment, 24 and any employee who has notified the employer that the 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 11 •S 815 IS employee has undergone or is undergoing gender transi- 1 tion after the time of employment, to adhere to the same 2 dress or grooming standards as apply for the gender to 3 which the employee has transitioned or is transitioning. 4 (b) ADDITIONAL FACILITIES NOT REQUIRED.— 5 Nothing in this Act shall be construed to require the con- 6 struction of new or additional facilities. 7 SEC. 9. COLLECTION OF STATISTICS PROHIBITED. 8 The Commission shall neither compel the collection 9 of nor require the production of statistics on actual or per- 10 ceived sexual orientation or gender identity from covered 11 entities. 12 SEC. 10. ENFORCEMENT. 13 (a) ENFORCEMENT POWERS.—With respect to the 14 administration and enforcement of this Act in the case of 15 a claim alleged by an individual for a violation of this 16 Act— 17 (1) the Commission shall have the same powers 18 as the Commission has to administer and enforce— 19 (A) title VII of the Civil Rights Act of 20 1964 (42 U.S.C. 2000e et seq.); or 21 (B) sections 302 and 304 of the Govern- 22 ment Employee Rights Act of 1991 (42 U.S.C. 23 2000e–16b and 2000e–16c), 24 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 12 •S 815 IS in the case of a claim alleged by such individual for 1 a violation of such title, or of section 302(a)(1) of 2 the Government Employee Rights Act of 1991 (42 3 U.S.C. 2000e–16b(a)(1)), respectively; 4 (2) the Librarian of Congress shall have the 5 same powers as the Librarian of Congress has to ad- 6 minister and enforce title VII of the Civil Rights Act 7 of 1964 (42 U.S.C. 2000e et seq.) in the case of a 8 claim alleged by such individual for a violation of 9 such title; 10 (3) the Board (as defined in section 101 of the 11 Congressional Accountability Act of 1995 (2 U.S.C. 12 1301)) shall have the same powers as the Board has 13 to administer and enforce the Congressional Ac- 14 countability Act of 1995 (2 U.S.C. 1301 et seq.) in 15 the case of a claim alleged by such individual for a 16 violation of section 201(a)(1) of such Act (2 U.S.C. 17 1311(a)(1)); 18 (4) the Attorney General shall have the same 19 powers as the Attorney General has to administer 20 and enforce— 21 (A) title VII of the Civil Rights Act of 22 1964 (42 U.S.C. 2000e et seq.); or 23 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 13 •S 815 IS (B) sections 302 and 304 of the Govern- 1 ment Employee Rights Act of 1991 (42 U.S.C. 2 2000e–16b and 2000e–16c); 3 in the case of a claim alleged by such individual for 4 a violation of such title, or of section 302(a)(1) of 5 the Government Employee Rights Act of 1991 (42 6 U.S.C. 2000e–16b(a)(1)), respectively; 7 (5) the President, the Commission, and the 8 Merit Systems Protection Board shall have the same 9 powers as the President, the Commission, and the 10 Board, respectively, have to administer and enforce 11 chapter 5 of title 3, United States Code, in the case 12 of a claim alleged by such individual for a violation 13 of section 411 of such title; and 14 (6) a court of the United States shall have the 15 same jurisdiction and powers as the court has to en- 16 force— 17 (A) title VII of the Civil Rights Act of 18 1964 (42 U.S.C. 2000e et seq.) in the case of 19 a claim alleged by such individual for a viola- 20 tion of such title; 21 (B) sections 302 and 304 of the Govern- 22 ment Employee Rights Act of 1991 (42 U.S.C. 23 2000e–16b and 2000e–16c) in the case of a 24 claim alleged by such individual for a violation 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 14 •S 815 IS of section 302(a)(1) of such Act (42 U.S.C. 1 2000e–16b(a)(1)); 2 (C) the Congressional Accountability Act 3 of 1995 (2 U.S.C. 1301 et seq.) in the case of 4 a claim alleged by such individual for a viola- 5 tion of section 201(a)(1) of such Act (2 U.S.C. 6 1311(a)(1)); and 7 (D) chapter 5 of title 3, United States 8 Code, in the case of a claim alleged by such in- 9 dividual for a violation of section 411 of such 10 title. 11 (b) PROCEDURES AND REMEDIES.—The procedures 12 and remedies applicable to a claim alleged by an individual 13 for a violation of this Act are— 14 (1) the procedures and remedies applicable for 15 a violation of title VII of the Civil Rights Act of 16 1964 (42 U.S.C. 2000e et seq.) in the case of a 17 claim alleged by such individual for a violation of 18 such title; 19 (2) the procedures and remedies applicable for 20 a violation of section 302(a)(1) of the Government 21 Employee Rights Act of 1991 (42 U.S.C. 2000e– 22 16b(a)(1)) in the case of a claim alleged by such in- 23 dividual for a violation of such section; 24 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 15 •S 815 IS (3) the procedures and remedies applicable for 1 a violation of section 201(a)(1) of the Congressional 2 Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in 3 the case of a claim alleged by such individual for a 4 violation of such section; and 5 (4) the procedures and remedies applicable for 6 a violation of section 411 of title 3, United States 7 Code, in the case of a claim alleged by such indi- 8 vidual for a violation of such section. 9 (c) OTHER APPLICABLE PROVISIONS.—With respect 10 to a claim alleged by a covered employee (as defined in 11 section 101 of the Congressional Accountability Act of 12 1995 (2 U.S.C. 1301)) for a violation of this Act, title 13 III of the Congressional Accountability Act of 1995 (2 14 U.S.C. 1381 et seq.) shall apply in the same manner as 15 such title applies with respect to a claim alleged by such 16 a covered employee for a violation of section 201(a)(1) of 17 such Act (2 U.S.C. 1311(a)(1)). 18 SEC. 11. STATE AND FEDERAL IMMUNITY. 19 (a) ABROGATION OF STATE IMMUNITY.—A State 20 shall not be immune under the 11th Amendment to the 21 Constitution from a suit brought in a Federal court of 22 competent jurisdiction for a violation of this Act. 23 (b) WAIVER OF STATE IMMUNITY.— 24 (1) IN GENERAL.— 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 16 •S 815 IS (A) WAIVER.—A State’s receipt or use of 1 Federal financial assistance for any program or 2 activity of a State shall constitute a waiver of 3 sovereign immunity, under the 11th Amend- 4 ment to the Constitution or otherwise, to a suit 5 brought by an employee or applicant for em- 6 ployment of that program or activity under this 7 Act for a remedy authorized under subsection 8 (d). 9 (B) DEFINITION.—In this paragraph, the 10 term ‘‘program or activity’’ has the meaning 11 given the term in section 606 of the Civil 12 Rights Act of 1964 (42 U.S.C. 2000d–4a). 13 (2) EFFECTIVE DATE.—With respect to a par- 14 ticular program or activity, paragraph (1) applies to 15 conduct occurring on or after the day, after the date 16 of enactment of this Act, on which a State first re- 17 ceives or uses Federal financial assistance for that 18 program or activity. 19 (c) REMEDIES AGAINST STATE OFFICIALS.—An offi- 20 cial of a State may be sued in the official capacity of the 21 official by any employee or applicant for employment who 22 has complied with the applicable procedures of section 10, 23 for equitable relief that is authorized under this Act. In 24 such a suit the court may award to the prevailing party 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 17 •S 815 IS those costs authorized by section 722 of the Revised Stat- 1 utes (42 U.S.C. 1988). 2 (d) REMEDIES AGAINST THE UNITED STATES AND 3 THE STATES.—Notwithstanding any other provision of 4 this Act, in an action or administrative proceeding against 5 the United States or a State for a violation of this Act, 6 remedies (including remedies at law and in equity, and 7 interest) are available for the violation to the same extent 8 as the remedies are available for a violation of title VII 9 of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 10 by a private entity, except that— 11 (1) punitive damages are not available; and 12 (2) compensatory damages are available to the 13 extent specified in section 1977A(b) of the Revised 14 Statutes (42 U.S.C. 1981a(b)). 15 SEC. 12. ATTORNEYS’ FEES. 16 Notwithstanding any other provision of this Act, in 17 an action or administrative proceeding for a violation of 18 this Act, an entity described in section 10(a) (other than 19 paragraph (4) of such section), in the discretion of the 20 entity, may allow the prevailing party, other than the 21 Commission or the United States, a reasonable attorney’s 22 fee (including expert fees) as part of the costs. The Com- 23 mission and the United States shall be liable for the costs 24 to the same extent as a private person. 25 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 18 •S 815 IS SEC. 13. POSTING NOTICES. 1 A covered entity who is required to post notices de- 2 scribed in section 711 of the Civil Rights Act of 1964 (42 3 U.S.C. 2000e–10) shall post notices for employees, appli- 4 cants for employment, and members, to whom the provi- 5 sions specified in section 10(b) apply, that describe the 6 applicable provisions of this Act in the manner prescribed 7 by, and subject to the penalty provided under, section 711 8 of the Civil Rights Act of 1964. 9 SEC. 14. REGULATIONS. 10 (a) IN GENERAL.—Except as provided in subsections 11 (b), (c), and (d), the Commission shall have authority to 12 issue regulations to carry out this Act. 13 (b) LIBRARIAN OF CONGRESS.—The Librarian of 14 Congress shall have authority to issue regulations to carry 15 out this Act with respect to employees and applicants for 16 employment of the Library of Congress. 17 (c) BOARD.—The Board referred to in section 18 10(a)(3) shall have authority to issue regulations to carry 19 out this Act, in accordance with section 304 of the Con- 20 gressional Accountability Act of 1995 (2 U.S.C. 1384), 21 with respect to covered employees, as defined in section 22 101 of such Act (2 U.S.C. 1301). 23 (d) PRESIDENT.—The President shall have authority 24 to issue regulations to carry out this Act with respect to 25 covered employees, as defined in section 411(c) of title 3, 26 VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS 19 •S 815 IS United States Code, and applicants for employment as 1 such employees. 2 SEC. 15. RELATIONSHIP TO OTHER LAWS. 3 This Act shall not invalidate or limit the rights, rem- 4 edies, or procedures available to an individual claiming 5 discrimination prohibited under any other Federal law or 6 regulation or any law or regulation of a State or political 7 subdivision of a State. 8 SEC. 16. SEVERABILITY. 9 If any provision of this Act, or the application of the 10 provision to any person or circumstance, is held to be in- 11 valid, the remainder of this Act and the application of the 12 provision to any other person or circumstances shall not 13 be affected by the invalidity. 14 SEC. 17. EFFECTIVE DATE. 15 This Act shall take effect on the date that is 6 16 months after the date of enactment of this Act and shall 17 not apply to conduct occurring before the effective date. 18 Æ VerDate Mar 15 2010 06:14 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6301 E:\BILLS\S815.IS S815 jbell on DSK7SPTVN1PROD with BILLS