Sec. 4. Employment discrimination prohibited
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/bill/116/hr/5331/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ) is amended— in subsection
(j)by inserting
(1)after
(j); in subsection (j)(1) by inserting , after initiating and engaging in an affirmative and bona fide effort, after unable ; in subsection (j)(1) by striking an employee’s and all that follows through religious and inserting an employee’s religious ; by adding at the end of subsection (j)(1) the following: In this subsection, the term employee includes an employee (as defined in subsection (f)), or a prospective employee, who, with or without reasonable accommodation, is qualified to perform the essential functions of the employment position that such individual holds or desires. In this paragraph, the term perform the essential functions includes carrying out the core requirements of an employment position and does not include carrying out practices relating to clothing, practices relating to taking time off, or other practices that may have a temporary or tangential impact on the ability to perform job functions, if any of the practices described in this subparagraph restrict the ability to wear religious clothing, to take time off for a holy day, or to participate in a religious observance or practice. In this subsection, the term undue hardship means an accommodation requiring significant difficulty or expense. For purposes of determining whether an accommodation requires significant difficulty or expense, factors to be considered in making the determination shall include— the identifiable cost of the accommodation, including the costs of loss of productivity and of retraining or hiring employees or transferring employees from one facility to another; the overall financial resources and size of the employer involved, relative to the number of its employees; for an employer with multiple facilities, the geographic separateness or administrative or fiscal relationship of the facilities; and whether the accommodation will obstruct the employer from providing its customers or clients the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations offered. An employer shall not be required to provide an accommodation that will result in the violation of Federal or State law nor result in liability for a hostile work environment. ; and by inserting after subsection
(n)the following: The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, without regard to the individual’s designated sex at birth. A person’s gender identity can be shown by providing evidence, including medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, part of a person’s core identity, and not being asserted for an improper purpose. The term sexual orientation means homosexuality, heterosexuality, or bisexuality. The terms religion and religious include all aspects of religious belief, observance, and practice, whether or not compelled by, or central to, a system of religion. The term religious corporation, association, educational institution, or society includes— a church, synagogue, mosque, temple, or other house of worship; a nonprofit corporation, association, educational institution, society, or other nonprofit entity that is, in whole or substantial part, owned, supported, controlled, or managed by a particular religion or by a particular church, denomination, convention, or association of churches or other houses of worship; or a nonprofit corporation, association, educational institution, society, or other nonprofit entity that holds itself out to the public as substantially religious, has as its stated purpose in its organic documents that it is religious, and is substantially religious in its current operations. . Section 702(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–1(a) ) is amended— by inserting
(1)after
(a); by striking State, or and inserting the following: State. This title shall not apply ; and by adding at the end of paragraph
(2)the following: With respect to claims of employment discrimination because of sexual orientation or gender identity, nothing in this subchapter shall apply to the following: a church or its integrated auxiliaries, a convention or association of churches, or a religious order, as described in section 6033(a)(3)(A)(i) and section 6033(a)(3)(A)(iii) of the Internal Revenue Code of 1986; a religious organization described in sections 501(c)(3) and 509(a)(1), (2), or
(3)that is covered by an Internal Revenue Service group exemption letter issued to a church or a convention or association of churches; a religious educational institution that is eligible for exemption under section 703(e)(2) of this subchapter; a religious corporation, association, or society under section 702(a) of this subchapter that is eligible for tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986 and that employs only individuals of the employer’s religion, unless the employee demonstrates that the employer has not applied with reasonable consistency its religious standard cited as the reason for the adverse employment action; or any association exclusively composed of employers exempt under subparagraphs (2)(B)(i)–(iv). A claim under this subchapter against an employer described by section 702(a)(2)(B) for discrimination because of sex shall not include claims of discrimination because of sexual orientation or gender identity. This provision shall not otherwise affect claims of sex discrimination, and nothing in this provision shall prevent a person, regardless of sexual orientation or gender identity, from bringing a claim of sex discrimination. No religious corporation, association, or society otherwise eligible under section (2)(B)(iv) of this section shall be ineligible because of nonrecognition under section 501(c)(3) of the Internal Revenue Code, unless such tax treatment is consistent with section 501(c)(3)(B) of that Code. No employer whose primary purpose and activity is to deliver medical services shall be eligible for the exemptions under section 702(a)(2)(B). Nothing in this section shall prejudice rights and defenses available under sections 702(a) and 703(e)(2). . Section 703 of such Act ( 42 U.S.C. 2000e–2 ) is amended— except in subsection (e), by inserting sexual orientation, gender identity, immediately before or national origin each place it appears; in subsection (e)(1), by striking enterprise, and inserting enterprise, if an individual is recognized as qualified in accordance with gender identity when sex is a bona fide occupational qualification, ; in the heading of subsection (m), by striking and inserting sex, ; and sex, sexual orientation, gender identity, by adding at the end the following: In this section: The term employee has the meaning given the term in section 701(j)(2). The term leave of general usage means leave provided under the policy or program of an employer, under which— an employee may take leave by adjusting or altering the work schedule or assignment of the employee according to criteria determined by the employer; and the employee may determine the purpose for which the leave is to be utilized. For purposes of determining whether an employer has committed an unlawful employment practice under this title by failing to provide a reasonable accommodation to the religious observance or practice of an employee, for an accommodation to be considered to be reasonable, the accommodation shall remove the conflict between employment requirements and the religious observance or practice of the employee. An employer shall be considered to commit such a practice by failing to provide such a reasonable accommodation for an employee if the employer refuses to permit the employee to utilize leave of general usage to remove such a conflict solely because the leave will be used to accommodate the religious observance or practice of the employee. . Section 704(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–3 ) is amended— in subsection
(b)by inserting sexual orientation, gender identity, before national origin each place it appears; in subsection
(b)by striking employment. and inserting employment, if an individual is recognized as qualified in accordance with gender identity when sex is a bona fide occupational qualification. ; and by inserting after subsection
(b)the following: An employee may express the employee’s religious, political, or moral beliefs in the workplace in a reasonable, nondisruptive, and nonharassing way on equal terms with similar types of expression of beliefs allowed by the employer in the workplace, unless the expression is in direct and substantial conflict with the essential business-related interests of the employer. An employer may not discharge, demote, terminate, or refuse to hire any person, or retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against any person otherwise qualified for employment, for lawful expression or expressive activity outside of the workplace regarding the person’s beliefs that— marriage is or should be recognized as a union of one man and one woman, or one woman and one woman, or one man and one man; or sexual activity should or should not be reserved for spouses within a marriage. The employee’s expression is not protected under subsection (c)(2) if it directly and materially impedes the employee’s performance of an essential job function. Paragraphs
(1)and
(2)shall not apply to a nonprofit organization that operates to express or advocate particular viewpoints, or to an employer that is a religious corporation, association, educational institution, or society covered by section 701(o)(4). . Section 706(g)(2)(A) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(g)(2)(A) ) is amended by striking sex, and inserting sex, sexual orientation, gender identity, . Section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ) is amended— in subsection (a), by striking sex, and inserting sex, sexual orientation, gender identity, ; and in subsection (c), by striking sex and inserting sex, sexual orientation, gender identity, . The Government Employee Rights Act of 1991 (title III of Public Law 102–166 ; 42 U.S.C. 2000e–16 et seq.) is amended— in section 301(b), by striking sex, and inserting sex, sexual orientation, gender identity, ; and in section 302(a)(1), by striking sex, and inserting sex, sexual orientation, gender identity, . The Civil Rights Act of 1964 ( 42 U.S.C. 2000e–18 ) is amended by adding at the end the following: Nothing in this subchapter shall be construed to require the construction of new or additional facilities. . The Civil Rights Act of 1964 ( 42 U.S.C. 2000e–19 ), as amended by subsection (h), is amended by adding at the end the following: If equivalent facilities and benefits are made available and without regard to a prohibited classification under this subchapter, an employer shall reasonably accommodate an employee who requests greater privacy within a facility intended for the exclusive use of persons of the same sex. . Section 902 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000h–2 ) is amended by inserting sexual orientation, gender identity, before or national origin, . Section 201(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311(a)(1) ) is amended by inserting sexual orientation, gender identity, before or national origin, . Chapter 23 of title 5, United States Code, is amended— in section 2301(b)(2), by striking sex, and inserting sex, sexual orientation, gender identity, ; and in section 2302— in subsection (b)(1)(A), by inserting sexual orientation, gender identity, before or national origin, ; and in subsection (d)(1), by inserting sexual orientation, gender identity, before or national origin; .
Connectionstraces to 2
9 references not yet in our index
- 42 USC 2000e–1(a)
- 42 USC 2000e–2
- 42 USC 2000e–3
- 42 USC 2000e–5(g)(2)(A)
- 42 USC 2000e–16
- Pub. L. 102-166
- 42 USC 2000e–18
- 42 USC 2000e–19
- 42 USC 2000h–2
Citation graph
cites case law
Sec. 4
Employment discrimination prohibited
Cite42 USC 2000e–1(a)
Cite42 USC 2000e–2
Cite42 USC 2000e–3
Cite42 USC 2000e–5(g)(2)(A)
Cite42 USC 2000e–16
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