To prohibit employment discrimination on the basis of sexual orientation or gender identity.
Section 1. Short title
This Act may be cited as the “Employment Non-Discrimination Act of 2013”.
Sec. 2. Purposes
The purposes of this Act are—
(1) to address the history and persistent, widespread pattern of discrimination, including unconstitutional discrimination, on the bases of sexual orientation and gender identity by private sector employers and local, State, and Federal government employers; (2) to provide an explicit, comprehensive Federal prohibition against employment discrimination on the bases of sexual orientation and gender identity, including meaningful and effective remedies for any such discrimination; and (3) to invoke congressional powers, including the powers to enforce the 14th Amendment to the Constitution, and to regulate interstate commerce pursuant to section 8 of article I of the Constitution, in order to prohibit employment discrimination on the bases of sexual orientation and gender identity.
Sec. 3. Definitions
(a) In general–
In this Act:
(1) Commission–
The term Commission means the Equal Employment Opportunity Commission.
(2) Covered entity–
The term covered entity means an employer, employment agency, labor organization, or joint labor-management committee.
(3) Employee–
(A) In general–
The term employee means—
(i) an employee as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (ii) a State employee to which section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) applies; (iii) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) or [http://www.law.cornell.edu/uscode/text// section 411(c) of title 3, United States Code]; or (iv) an employee or applicant to which section 717(a) of the Civil Rights Act of 1964 ([http://www.law.cornell.edu/uscode/text/42/2000e–16 42 U.S.C. 2000e–16(a) ] ) applies.
(B) Exception–
The provisions of this Act that apply to an employee or individual shall not apply to a volunteer who receives no compensation.
(4) Employer–
The term employer means—
(A) a person engaged in an industry affecting commerce (as defined in section 701(h) of the Civil Rights Act of 1964 ([http://www.law.cornell.edu/uscode/text/42/2000e 42 U.S.C. 2000e(h) ] )) who has 15 or more employees (as defined in subparagraphs (A)(i)and (B) of paragraph (3)) for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but does not include a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986; (B) an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 applies; (C) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 or [http://www.law.cornell.edu/uscode/text// section 411(c) of title 3, United States Code] ; or (D) an entity to which section 717(a) of the Civil Rights Act of 1964applies.
(5) Employment agency–
The term employment agency has the meaning given the term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)).
(6) Gender identity–
The term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.
(7) Labor organization–
The term labor organization has the meaning given the term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)).
(8) Person–
The term person has the meaning given the term in section 701(a) of the Civil Rights Act of 1964 ([http://www.law.cornell.edu/uscode/text/42/2000e 42 U.S.C. 2000e(a) ]).
(9) Sexual orientation–
The term sexual orientation means homosexuality, heterosexuality, or bisexuality.
(10) State–
The term State has the meaning given the term in section 701(i) of the Civil Rights Act of 1964 ([http://www.law.cornell.edu/uscode/text/42/2000e 42 U.S.C. 2000e(i) ]).
