S 1284 · 107th Congress 2001–2003, ended

Employment Non-Discrimination Act of 2002

Fact sheet

Latest action · Nov 15, 2002 Placed on Senate Legislative Calendar under General Orders. Calendar No. 763.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJul 31, 2001
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

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.

Cosponsors 44

Members who signed on, in the order they did. Signatures ran from Jul 31, 2001 to Jun 6, 2002, with 41 there on the day it was introduced.

SeatCosponsorSigned on
R-PAArlen SpecterOriginalJul 31, 2001
D-MDBarbara A. MikulskiOriginalJul 31, 2001
D-CABarbara BoxerOriginalJul 31, 2001
D-FLBill NelsonOriginalJul 31, 2001
D-MICarl LevinOriginalJul 31, 2001
D-NYCharles E. SchumerOriginalJul 31, 2001
D-CTChristopher J. DoddOriginalJul 31, 2001
D-HIDaniel K. AkakaOriginalJul 31, 2001
D-HIDaniel K. InouyeOriginalJul 31, 2001
D-MIDebbie StabenowOriginalJul 31, 2001
D-CADianne FeinsteinOriginalJul 31, 2001
D-INEvan BayhOriginalJul 31, 2001
R-ORGordon H. SmithOriginalJul 31, 2001
D-NVHarry ReidOriginalJul 31, 2001
D-WIHerb KohlOriginalJul 31, 2001

Actions 7

Everything that happened, newest first.

  1. Nov 15, 2002Committee 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.
  2. Nov 15, 2002Placed on Senate Legislative Calendar under General Orders. Calendar No. 763.
  3. Apr 24, 2002Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
  4. Feb 27, 2002Committee on Health, Education, Labor, and Pensions. Hearings held. Hearings printed: S.Hrg. 107-307.
  5. Jul 31, 2001Introduced in Senate

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 2692Employment Non-Discrimination Act of 2001Identical billNov 2, 2001

Subjects

Assigned by the Library of Congress. Policy area: Civil Rights and Liberties, Minority Issues.

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.