summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
112th Congress
Bill Summary
Employment Non-Discrimination Act of 2011 - Prohibits employment discrimination on the basis of actual or perceived sexual orientation or gender identity by covered entities (employers, employment agencies, labor organizations, or joint labor-management committees). Prohibits preferential treatment or quotas. Allows only disparate treatment claims. Prohibits related retaliation. Makes this Act inapplicable to: (1) religious organizations, and (2) the relationship between the United States and members of the Armed Forces. Declares that this Act does not repeal or modify any federal, state, territorial, or local law creating a special right or preference concerning employment for a veteran. Provides for the construction of this Act regarding: (1) enforcement by employers of rules and policies, (2) sexual harassment, (3) certain shared facilities such as showers or dressing facilities, (4) construction of new or additional facilities, (5) dress and grooming standards, and (6) provision of employee benefits to married vs. unmarried couples. Declares that, in this Act, "married" refers to marriage as that term is defined in the Defense of Marriage Act (a legal union between one man and one woman). Prohibits the Equal Employment Opportunity Commission (EEOC) from collecting statistics from covered entities on actual or perceived sexual orientation or gender identity or compelling the collection by covered entities of such statistics. Provides for enforcement, including giving the EEOC, the Librarian of Congress (LOC), the Attorney General (DOJ), and U.S. courts the same enforcement powers as they have under specified provisions of the Civil Rights Act of 1964, the Government Employee Rights Act of 1991, and other specified laws. Allows actions and proceedings, subject to exception, against the United States and the states.
AI Summary
This bill, the Employment Non-Discrimination Act of 2011, aims to prohibit employment discrimination based on an individual's actual or perceived sexual orientation or gender identity by employers, employment agencies, and labor organizations, referred to as "covered entities." It clarifies that the act does not mandate preferential treatment or quotas, and only allows for "disparate treatment" claims, meaning direct discrimination rather than policies that unintentionally disadvantage a group. The bill also prohibits retaliation against individuals who oppose discriminatory practices or participate in investigations. Importantly, it exempts religious organizations and the relationship between the U.S. and its armed forces, and it does not affect existing veteran preference laws. The bill provides specific guidance on how it applies to employer rules, sexual harassment policies, shared facilities like locker rooms, construction of new facilities, dress codes, and employee benefits, noting that "married" is defined according to the Defense of Marriage Act (DOMA), which defines marriage as a union between one man and one woman. The Equal Employment Opportunity Commission (EEOC) is explicitly prohibited from collecting or compelling the collection of statistics related to sexual orientation or gender identity. Enforcement of the act will be handled by the EEOC, the Librarian of Congress, the Attorney General, and U.S. courts, using powers similar to those under the Civil Rights Act of 1964 and other relevant laws, and allows for legal action against the United States and states, with certain limitations on remedies.
Committee Categories
Health and Social Services
Sponsors (44)
Daniel Akaka (D),
Mark Begich (D),
Michael Bennet (D),
Jeff Bingaman (D),
Richard Blumenthal (D),
Barbara Boxer (D),
Sherrod Brown (D),
Maria Cantwell (D),
Ben Cardin (D),
Tom Carper (D),
Bob Casey (D),
Susan Collins (R),
Chris Coons (D),
Dick Durbin (D),
Dianne Feinstein (D),
Al Franken (D),
Kirsten Gillibrand (D),
Kay Hagan (D),
Tom Harkin (D),
Daniel Inouye (D),
John Kerry (D),
Mark Kirk (R),
Amy Klobuchar (D),
Frank Lautenberg (D),
Patrick Leahy (D),
Carl Levin (D),
Joseph Lieberman (I),
Claire McCaskill (D),
Bob Menendez (D),
Jeff Merkley (D),
Barbara Mikulski (D),
Patty Murray (D),
Jack Reed (D),
Bernie Sanders (I),
Chuck Schumer (D),
Jeanne Shaheen (D),
Olympia Snowe (R),
Debbie Stabenow (D),
Mark Udall (D),
Tom Udall (D),
Mark Warner (D),
Jim Webb (D),
Sheldon Whitehouse (D),
Ron Wyden (D),
Last Action
Committee on Health, Education, Labor, and Pensions. Hearings held. (on 06/12/2012)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.congress.gov/bill/112th-congress/senate-bill/811/all-info | 04/25/2013 |
| BillText | http://gpo.gov/fdsys/pkg/BILLS-112s811is/pdf/BILLS-112s811is.pdf | 04/26/2013 |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-112s811is/pdf/BILLS-112s811is.pdf.pdf | 02/01/2013 |
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