Bill summaries are authored by CRS.

Shown Here:
Reported to Senate amended (11/15/2002)

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.