Employment Non-Discrimination Act of 2002
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.
- IntroducedJul 31, 2001
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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; 41 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-PA | Arlen Specter | Original | Jul 31, 2001 |
| D-MD | Barbara A. Mikulski | Original | Jul 31, 2001 |
| D-CA | Barbara Boxer | Original | Jul 31, 2001 |
| D-FL | Bill Nelson | Original | Jul 31, 2001 |
| D-MI | Carl Levin | Original | Jul 31, 2001 |
| D-NY | Charles E. Schumer | Original | Jul 31, 2001 |
| D-CT | Christopher J. Dodd | Original | Jul 31, 2001 |
| D-HI | Daniel K. Akaka | Original | Jul 31, 2001 |
| D-HI | Daniel K. Inouye | Original | Jul 31, 2001 |
| D-MI | Debbie Stabenow | Original | Jul 31, 2001 |
| D-CA | Dianne Feinstein | Original | Jul 31, 2001 |
| D-IN | Evan Bayh | Original | Jul 31, 2001 |
| R-OR | Gordon H. Smith | Original | Jul 31, 2001 |
| D-NV | Harry Reid | Original | Jul 31, 2001 |
| D-WI | Herb Kohl | Original | Jul 31, 2001 |
| D-NY | Hillary Rodham Clinton | Original | Jul 31, 2001 |
| D-RI | Jack Reed | Original | Jul 31, 2001 |
| R-VT | James M. Jeffords | Original | Jul 31, 2001 |
| D-NM | Jeff Bingaman | Original | Jul 31, 2001 |
| D-NC | John Edwards | Original | Jul 31, 2001 |
| D-MA | John F. Kerry | Original | Jul 31, 2001 |
| D-NJ | Jon S. Corzine | Original | Jul 31, 2001 |
| I-CT | Joseph I. Lieberman | Original | Jul 31, 2001 |
| D-DE | Joseph R. Biden Jr. | Original | Jul 31, 2001 |
| R-RI | Lincoln Chafee | Original | Jul 31, 2001 |
| D-WA | Maria Cantwell | Original | Jul 31, 2001 |
| D-MN | Mark Dayton | Original | Jul 31, 2001 |
| D-LA | Mary L. Landrieu | Original | Jul 31, 2001 |
| D-MT | Max Baucus | Original | Jul 31, 2001 |
| D-GA | Max Cleland | Original | Jul 31, 2001 |
| D-VT | Patrick J. Leahy | Original | Jul 31, 2001 |
| D-WA | Patty Murray | Original | Jul 31, 2001 |
| D-MN | Paul D. Wellstone | Original | Jul 31, 2001 |
| D-MD | Paul S. Sarbanes | Original | Jul 31, 2001 |
| D-IL | Richard J. Durbin | Original | Jul 31, 2001 |
| D-NJ | Robert G. Torricelli | Original | Jul 31, 2001 |
| D-OR | Ron Wyden | Original | Jul 31, 2001 |
| D-WI | Russell D. Feingold | Original | Jul 31, 2001 |
| D-SD | Thomas A. Daschle | Original | Jul 31, 2001 |
| D-DE | Thomas R. Carper | Original | Jul 31, 2001 |
| D-IA | Tom Harkin | Original | Jul 31, 2001 |
| D-MO | Jean Carnahan | Sep 4, 2001 | |
| D-LA | John B. Breaux | Oct 9, 2001 | |
| R-ME | Susan M. Collins | Jun 6, 2002 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Health, Education, Labor, and Pensions Committee | Referred Jul 31, 2001Hearings Feb 27, 2002Markup Apr 24, 2002Reported Nov 15, 2002 |
Actions 7
Everything that happened, newest first.
- 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.
- Nov 15, 2002Placed on Senate Legislative Calendar under General Orders. Calendar No. 763.
- Apr 24, 2002Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Feb 27, 2002Committee on Health, Education, Labor, and Pensions. Hearings held. Hearings printed: S.Hrg. 107-307.
- Jul 31, 2001Introduced in Senate
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S8480 | Edward M. Kennedy D-MA, Gordon H. Smith R-OR, Joseph I. Lieberman I-CT | Jul 31, 2001 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Jun 13, 2002S. 1284, Employment Non-Discrimination Act of 2002<p>Cost estimate for the bill as ordered reported by the Senate Committee on Health, Education, Labor, and Pensions on April 24, 2002</p>
- Jun 13, 2002S. 1284, Employment Non-Discrimination Act of 2002Cost estimate for the bill as ordered reported by the Senate Committee on Health, Education, Labor, and Pensions on April 24, 2002
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 107-307 | THE EMPLOYMENT NON-DISCRIMINATION ACT63 pages | Health, Education, Labor, and Pensions Committee | Feb 27, 2002 |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 2692 | Employment Non-Discrimination Act of 2001 | Identical bill | Nov 2, 2001 |
Titles 4
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to prohibit employment discrimination on the basis of sexual orientation.
- Short Titles as Introduced
- Employment Non-Discrimination Act of 2001
- Short Titles as Reported to Senate
- Employment Non-Discrimination Act of 2002
- Popular Titles
- Employment Discrimination bill
Subjects
Assigned by the Library of Congress. Policy area: Civil Rights and Liberties, Minority Issues.
- Administrative procedure
- Administrative remedies
- Administrative responsibility
- Apprenticeship
- Armed Forces and National Security
- Arts, Culture, Religion
- Civil actions and liability
- Civil Rights and Liberties, Minority Issues
- Civil rights enforcement
- Commerce
- Congress
- Congressional agencies
- Congressional employees
- Consent decrees
- Damages
- Disciplining of employees
- Discrimination in employment
- Dismissal of employees
- Employee rights
- Employment agencies
- Equal Employment Opportunity Commission
- Federal employees
- Federal libraries
- Federal officials
- Fines (Penalties)
- Gay military personnel
- Gay rights
- Government liability
- Government Operations and Politics
- Government paperwork
- Injunctions
- Labor and Employment
- Labor statistics
- Labor union membership
- Labor unions
- Labor-management committees
- Law
- Legal fees
- Library of Congress
- Minorities
- Occupational retraining
- Position classification
- Presidential appointments
- Recruiting of employees
- Religion
- Religious liberty
- Reverse discrimination in employment
- Sexual orientation
- Small business
- State employees
- Unfair labor practices
- Whistle blowing
Text 2
Each version as it was printed, newest first.
- Nov 15, 2002Reported to Senate
- Jul 31, 2001Introduced in Senate
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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
