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DOCUMENT NO.
AND TYPE
Clinton Library
,
DATE
SUBJECTffITLE
RESTRICTION
001. memo
I
Keith Boykin to George Stephanopoulos re: Overview of G~y Issues
(7 pages)
10/30/1993
P5, P6/b(6)
002. report
Presidential Transition Document (12 pages)
11/411992
Personal Misfile
003. report
ADA Training Manual- Legal (13 pages)
n.d.
b(2)
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Stephen Warnath (Civil Rights) ;
ONBox Number: 9591
FOLDER TITLE:
[Civil Rights Working Group]
ds54
RESTRICTION CODES
I
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I
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�Memorandum
I
I
Marvin Kri1slov
TO:
I
FROM:
RE:
Neera
T~nden
EmPIOymenJ Non-Discrimination Act of 1994
i
(ENDA)
I
ENDA prohibits !discrimination in employment on the basis of
sexual orientation. It extends fair empa.oyment practices. to
lesbians, gay ~en and bisexuals. Under ENDA, employers may/not
~ubject an ind~vidual to different stand~rds' or treatment based
on that individual's sexual orientation Icreal or perceived) or
discriminate against an individuals basetl on the sexual
orientation of Ithose with whom the indiv!idual associates. The
"disparate impact ll claim availableunderl the employment section
of Title VII is not available under' ENDA.. The bill does not
apply to themflitary, religiousorganiz~tions or businesses
which employ fewer than 15 workers.
Issues:
I
.
The bill defines sexual orientation as real or perceived
lesbian, gay, bisexual or heterosexual·oirientation. The
definition includes orientation stated b¥ individuals or
manifested ih ~heir personal relations. I
.
.
The defin~tion of orientation manifested in an individual's
personal relat~ons may need some clarifi,bation.
1.
I
•
•
2. Altl?ough ENDA does not apply to the Irelatl.onshl.p between the
...... u.s ... g.oyernlnen~ .and the ~rmed for.ces, ...th1e..idea ..wh:ich..,!.mderlies
". ".... the "bi-ll and is stated in it -' that sexu1al' orientation has no
relationship to ability to contribute to: society - supports the
arguments made iby lesbians, gays and bisjexuals that oppose the
ban.
I
.
In additiqn, the military and related areas, along with
small business~s and religious organizat1ions would be the pnly
groups allowed Ito discriminate on the ba1sis of sexual orientation
under this bill.
I
I
Background:
I
The Executive Office of the President has stated that it
"does not cond6ne nor tolerate discrimin'ation based· on ••. sexual
orientati6n." .
I' .
The presi<)ent in a letter dated Fehruary 14, 1994 to the Gay
and Lesbian Victory Fund" stated:
I.
"Those who would legalize discrimination on the basis
of sexual Iorientation or any other Igrounds are gravely
mistaken about the values that make our nation strong.
The essential right to equality mu~t not be denied by a
ballot initiative or otherwise."
PHOTOCOPY
P[f.:~ESE~L.]VAT!ON
�),
!,
' j "
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.
LeaclershipConference .
-I 19
IVI R· 'ht$ ,.,
'on.,
,
'1619 "K" St•• NW, Sal181010
....
1
C'-
,
lIa"., D.C. 20006
loa /466-1311
'I
EMPLOYMENT ,NON-DISCRIMINATION ACT (ENCA) OF 1994
,"(Job Di~crimination Bill)
.I
A.
~~~f~d~=·t 'The Employment, Non.DISCrl~lnatlon of sexual orientation. prohibits
Act of 1994 (ENDA)
RoyWllkln"dlscrlmlnatlon In employment on the basis
ENDA
'aw'::':: ~xtend~ fair employment practlcesl·- hot special rights ··to lesbians. gay
men, bisexuals and heterosexuals.·'
,
I
I
.
Antonia Hemanella:
.
.
'
AllnJ"mln I,HOOks
.IIIOP nHAIfII'!ASOH$
J~~~Ia7nu~~: 'Y . Federal law currently protec~ employees from discrimination on the
Carol=;~ basis'·of rac,e, religion, gender, national origin, age, and disability. ENDA
"'_...
'!'MAIIUAIJIl rl!emedies a gap in federal non-discrimination protection.
. . ,
_ ..... w. Me&nlO$ ,
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I
~::=
Jonph L. Rauh,
.
ItoNOMRVC+!","PCRIIOHS
CIIII'IIfICft
.
.
' . ' . .
. ,. ENDA prohibits, employers, employment agencies, and labor unions
Jr·1,rom using an individual's sexual orientation as the basis for employment .
LlGlSU\T\Vt CIiAlAPliAllOH
d'
i"
~.a=~;t~:.. i ec slons,
pr
hi .
sue,h asnng I fl ring,
I
--::=:.."
motl on, or com~ensat'Ion.
Under ENDA. employers may not subject an Individual to different
LI:~O::=:::' standards or treatment .based on that Individual's sexual orientation (real or
~==..~ perceived) or discriminate againstl an individual based Or) the sexual
Kenyon c. : : : orientation of those with whom the individual associates.
.
- - CWtt<III (JI CIMCIIH
i
B.9CKY cain'.
"
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"
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lMtttttI~"":';;: "'The "disparate impact" claim available under the employment section
,- . ....-""'''~.::.e:.; of the Civil Rights Act of 1964 (Title VII) is not available underENDA. An
-~=== ~mpl6yer is not required to justify
aneutral practice that may have a
' '
,....,~~~~2:!9: statistically disparate impact based on sexual orientation.,
I!!uaene GIUI'IIf j
. ,,
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_,('-".r~CJI_' i
''
• I
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Na=~'!::~C:S: "ENDA
tMlle Harrle
' ,
exempt$ small bUSInesses, with fewer tnat fifteen employees, as
does 'Tttle VII.. '
.
,..,... I'or TiI'ot ~ft w."
PattiCla IAlland i
,
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,
Na'''-'OtrIatoIz.,1M /tit ......... l
MI':;:~J~= Y
ENOA exempts religious organizations" including educational
'NAAc.-:..op..I""'-U~~~~.n:: i,nstltutlons substantially controlled or support.ed by religious organizations.
,
'Laure MurPhY Loa !
'~c~
Llllfrt* UIIIM '
,
.
'
'
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prohibits preferential treatment, .including quotas, based on
8ocJt,*",CIUIorI.. "~t!:iii sexual orientation.
,"
"
, Jaeeah LaWNy ' " ,ENDA
WI'«I IlH/MKIIiti.-01
. ......-..
.
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KarenN.r...kl I . •
~~:::.=r
. A::::=: .
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ENDA does,n'ot require an employer to provide benefits,for the same
Ulll<llloI~"-::IC:;;'=sexpartner of
_ " ..._ _ 11111"'..".". .....
,
an employee.
'
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,
.
~
:ENDA does not apply to th~relatlonshlpbetween the U,S. government
"'_'--..!r~~~= ~nd th, armed fo~cEts and thus does nQt aff~ current law on lesbians and'
tItHOUlIrm;.M.~--~ gay men In the military.
,
RaUl Vuaull'l't I
''''_~ttln..,.
eo.wPI.IIINC~HI'== ,~
ENDA Incorporates the remedies of rrtle VII (Injunctive relief and
Qwj" KamaI:::~~ ~amages to the extent allowed bYITltle V!I).
,.
,
.
AOMI"'lrrM~"~~:~ ~
ENDA applies to Congress with the same remedies as provided by the
Civil Rights Act of 1991.',
' ,
fICIUCYI!.::~
::c:
Karen MeGill Arrington I
.
. ('n...-, •
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!
··ENOA is not retroactive.
' "Equu}ity
In, 0
.
F~~. P}UI"CII, IJc.,11t~rotItic SI.If:i.:ty"
�,,I
" THE EM.PLOYMENT NON..DISCRIMTNADON ACT OF 1994
I
I
SECTION..BY-SECTION SUMMARy,
An Act to prohibit, employment discrimination
on the basis of sexual orientation
I
$ection 1. Short Title.
I
The shan title ot'the bill is the ItEmployment Non..Dfscriminatiort Act of 1994" ,
(ENDA). ENDA is designed toj:ITuvidc protection for lesbians, gay men, bisexuals, and
hctcroscxual~
,discrimination in the workplace.
" ' '
"
,
agaif
I
Sectiog 2.
'
Findin,. aad Purpos..
[SeDate ODly)
pr~mi~e
The lindin"J set out the basic
of thebiU that sexual orientation iw no
relationship to ab~ty to contribute to soc:ietyand that :employmcnt discrimination ha."ed on
sexual orientation violate~ fundamental values of e'JU4l:ity and fairness.
"
purpoJ
. Tbc
of the bill is to proVide· a compreLve fedcra1 prohibition of ..
cmploymenL dis",1'irhination on the ba.c;is of sexual, uriebtation and to provide meaningful '
remedies against stich discriminaliun.
' '
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Sestion 3. DfAcriminatinn Prohibited, "
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••
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t"NDA proIUbitsemployers (including gOVen;ttn~t ~mploycrs), employment
agencies, and labo~ orgon j'l1jbons fmmsubjcctil18 cmpioyc&:s to different standards or
trcatment~ ornlherwise, discriminating in employment br employmenJ opportunities, on the
ba.CIis of ,;exual ori~ntation. Eml'loyment andemployritent opporlUDitiel include hirinS.
tiring. compcn.utio~. 'and other'terms or' cOnditionsofi emplnyment. Like a similar
provisi()nin ,the ~ericans with DisabiHtie3 Act (ADt), section, 3 prohibits discrimination
based on the SCXU8;l oriClitation of someone with whom an empluyee associates.
,
Sectlgn 4. BeuCdL
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ENDA docs not require employers to provide bc.ncfits to their employeeS' same·se,"
, partners. However. tSmpiuymt remain free to provide these benefits if they wish to dn so.
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Section '~. No DiSparate Impact.
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ENDA docs qot require employers to justify neuq-al pr~tiees that may result' in Ii
dispar.:1te. i~pact agaipst people of a panic\llar sexual orientation.. As a rcs'-1lt. the "disparate
impact"claim.,availa,ble under Title VII of the 1964 Ci~il Righis Act (Title Vll), is not
available to gay men+ lesbian~ bisexuals" or hetert)sexls under this bill.
Section Q.OUDtaJ gDd Preferential Treatment Probibl,ted.
. I
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. '
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ENDA prohibits employers from adopting quotas or giving preferential treatment to
an indi "vidual on the .basis of sexual orientation.
'
.
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Section 7. Religious !Exemption.
Section 7 cxdnpts rcligiuWl organiudons. including educational institutions
substantially owned, ~anaged. controlled, or supported. ~,religiousoig&ni:as.tiorus and
educational institutions whose curriculum is directed to the teaching of religious doctrine.
The hi 11· covers, only ~ religious orsanization ~ li' tor-profit activities subjtK:t to taxation undcr
the Internal Revenue iCode.
.j "
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Section 8. Nog-AppUeation_Jq .~emhe" of the Armed Foreca: .Veterans' Pnferences,
.
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,"
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ENDA docs not apply to the relationship between the U.S. government and members
of the Armed Forces.lThus, the bill does not affect· cUrrbnt law ou'gay men, lesbians, and
bisexuals in the mili$ry. In a ptovisiontaken rrom Titl~ VII. Section 8 rurther provIdes
the .bill does not rep~al or modify any other taw that giv~s special preferences to veterans.
I
.
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Section 9.· Enrorcement,
i
, Section 9 aut~ori7.es the [,qual Employment 0PP9rtunity Commission (EEOC), the
Attorney Ge'neraJ, an~ the federal courts to exercise the be power to enfurce ENDA as
th.
those branches of
Federal ("ft)vemment have to cnforbc Title VII. Individuals have the
same right to bring B, private actioD that individuals hav~ under Title VII. Congress is
covered by Lhe same lenforcement mechani.s.ms cstabtishea hy the Civil RigiltSAct of 1991.
SestioD
10. State and FederallmmuQitx,
. Section 10 pri,vides that the States and the F'ederiU Government are subj~tto the
same actions and remccUes as ' otheremploym for vi~lation of the law.
are
. .
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Sedlon 11. Attomm' Fm_
,
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The bm
"
provi~ for attorneys'
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•
•
fees and litigation
.
2
_
.....
•
e.~nses.
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Sectinn .t 2. Retaliation apd Coercion. Prohibited.
~rohibits
.
.
beCaus~'
Section 12
retaliation againstindividwils
they oppose on act or
practice prohihited hy the bill, or participate in an inve~gation or other proceeding under
the bill. This scctidn also prohibits coercion. intimidat;on, threats, or interference against
individuals exercisiAg or cnjoyina rights protected by the bill. This provision is modelled
after similar provisibn.~in Title VII and. the Fair Hou.si~g ACt of 1968.
",
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Section 13. PostiRI Notj,U'
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As in Title VtI, the bill requires that employers post notices describing the
,requirements of the Ilaw.
"
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Section 14. Reluladons.
,
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,Section 14 authorizes the EEOC to issue regulD.tions to enforce ENDA. Regulations
are not mandated uAder ,the bill.
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".
"
, Section 15. Relationship to Other Laws.
I
This section Iprcscrvcs provision.CJ in Qther
, provide protection
discriInination.
40m
federal~ state, orloca! laws that e'urrcntlY
."
I
Section 16. Severability. .
incl~des S~al
rhus,
The bill
a
severability clause.
if any J)T9vision of E/I.'DA is
.
declared unconstituttonaI, this section preserves the rest of the bUt
,
Section t 7. Effc:etivc; Date.
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ENDA takesi effeet sixty days oller its emictment. rt does not apply retroaCtively.
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S,t~tion
.
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18. DefinitioDs,
~etinitions ~NDA
,"
Most of the
in
come directly from existing civil rights laws.
primarily Title VU. i The bill adds a ,definition: it der~cs "sexual orientation" as real ot .
perceived lcsbiaD. gay, bisexual, or heterosexual oricn~tion. The definition includes
oriehlation staled
individUals .or manifoste<\ in their Personal relations. .
.
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3
...
�I
Lea4ership Conference
!onCivil Rights'
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i629 "K" St., NW,'Suite 1010
Washington, D.C. 20006
202/466-3311
I
FOUNDERS
Arnold Aronson
A. Philip Randolph'
Roy Wilkins'
EMPLOYMENT NON-OISCflUMINATIONACT (ENCA) OF 1994
.
(Job 9iSCrimination Bill)
OFFICERS
CHAIRPERSON
BenJamin L Hooks
VICE· CHAIRPERSONS
Antonia Hernandez
Judith L Uchtman
William L Taylor
QUESTIONS AND' ANSWERS
'
SECRETARY
Dorothy Height
TREASURER
Gerald
1) What does ENDA do?
w. McEntee
UlGlSl.Al1VE CHAIRPERSON
Jane .O'Grady
ENOA prohibits an employer from using an individual's sexual
COONan EMERITUS
Joseph LRauh,.Jr.'
HONORARY CHAIRPERSONS
I!XECll'l'lVE COIIMITTH
i
Barbara Arnwine
CMI Rlgllta Un"", 1.11'"
Owen Sieber
I
Unltwl AutomOlii,. Wotten
N.IIOII.~=~;;c!~
. Becky Cain
LH!/W 01 w_ vo",",
,
'
12) Who is protected?
LAtwyero' Comm'ttM For
Intflm.tJolYJ Union of
orientation as the basis for adverse or different treatment in employment or
'
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I employment opportunities.
Marvin Caplan
Clarence M. Mitchell, Jr.·
Horace Deets
Penon.
Jerome Ernst
,
.
ENOA protects heterosexuals. homosexuals (gay men and lesbians),
i
iand bfsexualsfrom discrimination in the workplace based on their sexual
: orientation. " .
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"
'1 . .
A"..,;c.n AII,oct.tion of RatJred
N.,1ona1 Citlllolle Conl_
tot Intflir.cJllt Jus,it»
N.tlon.'EdUC.~~'~~~~:!
NatJon.t c';"nc,f'::~~!~I,~:
Marcia Greenberger
Nat/OIIltl 011o""",'. LAt'"
~
CMt,. ,
Leslie Harris
For rM American Wlty
13) Why .11 !NDA nace...
ENOA is necessary because gay men, lesbians. and bisexuals face
serious diSCrimination in employment, rangIng from being fired from a job,
Ibeing denied a promotion. or experiencing harassment on the job.
I
Patricia Ireland
Nat/OM' Org.nlZ.'IOIt lor 1N0fMII
John E. JacOb
NAACP /JIg_I DIII.no " Eduestlotl.1 Fund. I"..
._~~~:r~~!Yu~=
Joseph Lowery
, Sout_ CMotiM IMcterslllp Coni_Oft
.
Leon Lynch
UnltfIII S...,I_It'. Of A _
Karen Narasakl
.
4) What employers are· covered by ENDA?
"
Nlt/tJft41 UrlJljn Logue
Elaine Jones
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ENOA covers the same entit~es that the amploymentsection of ~e
•Civil Rights Act of 1964 ("TItle VII~covers. Federal, state and local
Igovemments, tabor unions, .and ~mp'oyment agencies are all c()vered
:under this bUl, as they are under Fe VII. .
J__".., Ame"c.1t CirlZ.IJ, "".,.,. .
David. Saperstein
Union Of A_can
_ c.....'_
""-tr
Richard Womack
Jackie DeFazio
A_lean Au_lion of
•
AFL.ao
.
Harriett Woods
MJ_,_'o PoIII_c.Patrlsha W'rloh!
DIIflltr. . r_
N.tlOftItI~Y:f&U~
DlUbil1/Ot RJgJtIf Education _
COMPUANC~NFORCEMENr
COMMITTEE
,Charles KamasaJd. Chairperson
I!XECUTlVE DIRECTOR
Ralph G. Neas
AOMINlSTRAl1VE ASSISTANT
Usa M. Haywood
POUCYIRESEARCH ASSOCIATE
Karen McGill Arrington
il) lathe military ,covered under!NDA?
I
'"
IOlth~
No.ENDA does not apply
relallonshlp batwaen the United
States govemment and members of the, Armed Forces, Thus, this bill does
:not affect current law on gay men, lesbians. 'and bisexuals in the military.
!
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;6) Do•• ENDA have a smen bu.ln•••. exemption'
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Yea. ENDA does not cover employers with fewer than 15 employees.
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(over)
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"Equality In a F1'ee. PIU'lY1I. Demod'lY1tic Society"
.,
,
I
�,
••
I
,
.
Leadership Conference
. . i
on Civil Ri~hts
1629 UK" St•• NW.Suite 1010
Washington. D.C. 20006
202/466-3311
FOUNDERS
Arnold Aronson
A. Philip Randolph'
Roy Wilkins'
" EMBARGOED FOR REI ,EASE I INTI!. A M ..
,
THURSDAY, JUNE 23 1994
OFFICERS
CHAIRPERSON
Benjamin L. Hooks
VICE CHAIRPERSONS
Antonia Hernandez
Judith L. Lichtman
William L. Taylor'
Statement of Ralph G. Neas,
" ExecutivJ Director of The
Leadership COnlfrence On Civil Rights,
,
On BFhaJf of the
Employment Non-Discrimination Act
"
I
,
'lune23, 1994
SECRETARY
I
Dorothy Height
,
TREASURER
,Gerald W. McEntee
LEGiSLATIVE CHAIRPERSON
Jane O'Grady
COUNSEL EMERITUS
Joseph L. Rauh. Jr,'
,
HONORARY CHAIRPERSONS
Marvin Caplan
Clarence M, Mitchell. Jr.'
EXECUTIVE COMMITTEE
Barbara Arnwine
Lawyers' CommittH For
Civil Rignts Under ,Law
Owen Bieber
International Union ot
Uni(ea AutomODlJe Workers
Kenyon C, Burke
NatIonal CounCIl of ChUfCI18S
Becky Cain
(fagus oj Women VOl".
. 'Today, lam pleased arid pJoUd to announce that the Leadership
Conference on Civil Rights (LCCR) , the'legislative arm of the civil
rights movement, strongly support~ the Employmerit Non- .
Discrimination Act (ENDA) ... This historic .legislation would prohibit
discrimination on the basis of an iridividual's sexual orientation in
hiring, firing, promotions, comperukti~n,'and other employment
deciSions. '
' '
Horace Deets
American Association 01 Refired PSfS(Jns
Jerome Ernst
Nationsi Catholic Con/from;e .
, for inteffBcial'JusUc6
'.
Keith Geioer
'National Eauca,ion AssociaTion
Nstianal
CounCi~O~~:~i:'~lt?z~~!
Marcia Greenberger
National women's Law Center
Leslie Harris
It is a special honor to be here today with congressional. leaders
and with, Coretta Scott King, Justinl Dart, former chairman of the
President's Committee on Employment of People with Disabilities
under President George Bush, and Imany other representatives of
minority, women, disability, labor Jnd .religious groups.
PeOD/. For The AmencsfJ Way
Patricia Ireland
Natir;)fJsi Organization for Women
John E. Jacob
HarJon,} Urban,Leagua
Elaine Jones
NAACP Legsl o.ltJn~" & EctucBrionsl Fund. inc.
,
Laura Murphy Lee
Americaft CIV!! LflHlrtie.s Un/oft
,
Joseph Lowery
SOuthern Cftli.stisn Leaaership Con'ere~
Leon Lynch
UtttrtH:/ StHlworkef.s 01 A",.fic.
Karen Narasakl
Japane.se Amctficsn CitiZsn, League
David Saperstein
Unton al Americsn Hebfe'llli Co~t/Ol),
Jackie DeFazio
American A$$oci,tion 01 Uft;WH'I/ty WOI'iMn
Richard Womack
AFL.(;IO
Harriett Woods
NarJonal Women', Political
,
c'ucu,
The Leadership Conference iwelcomes the bipartisan support for,
this measure in both the House of Representatives and the Senat.e.
Currently, there are more than twol dozen Senate and more than 80
HouseoriginalcOsponsors. We especially· applaud the leadership of
the bipartisan sponsors of the Employment Non-Discrimination Act,
including Senators Ted Kennedy rq-MA), John Chafee (R-RI), Patty
Murray (D-W A), James Jeffords (R-YT), Joseph Liebe~an (D-CT), and
Diane Feinstein (D-CA); and Representatives Barney Frank (D-MA),
. I
'
,
Gerry Studds (D-MA), Connie Morflla'(R-MD), Christopher Shays(R
CT), Don Edwards (D-CA)" Pat Schfoeder (D-CO), Henry Waxman (0- '
CA)~ and MichaelH~ffington (R-Cf)' ..
~...
,'.,.
'Palrisha Wrtcht
OiSIJDifit'l-Rignt$ Education and o.len,.
J!Und
Raul Yzaguirre
Nationsl CounCil 01 La Raz.
.
COMPLIANCE/ENFORCEMENT
COMMITTEE
Charles Kamasaki, Chairperson
STAFF
EXECUTiVE DIRECTOR
Ralph G. Neas
ADMiNiSTP" ~iVE ASSISTANT
Lisa M, Haywood
POUCYIRESEARCH ASSOCiATE
Karen McGill Arrington
The Leaderslup Conference on Civil Rights IS the natIon's oldest,
largest, and most broadly based c~lition. Founded in 1950, LCCR has
185 national organizations representing minorities, women, persons
with disabilities, .older Americans, lkbor, gays and lesbianS, and major
religious groups. LCCR has coordfuated the national campaigns
leading to the enacbnent of every rAajor civil rights law since 1957.
Recent .LCCR legislative priorities ehacted into law include the
Americans with Disabilities Act, thJ Civil Rights Act of 1991, the
(·OecsaMd)
''E'
qua , , '
lty
~
,m a
C!
rT'f!e,
PIU1'a I" De mOC1'atlc So'"
1 .
clety
,
'
�,
'1 '
Ame~d'ments
Civil Rights RestorahonAct,'the Fair Housing Act
'of 1988, the Japanese
,,',
American Redress Act"and the 1982 Voting Rights Act Extension.
'~hich
" Earlier, this Jonth, the National Board of the LealerSh'ip Conference,
meets,
annually, designated the Employment Non-Discriminatidn Act a top legislative priority for
tha~ th~ I:ead~fsh~p ~onference has en.dorsed a.
the ~~3rd<:on~ess.1 Thi$ is th~ firs,t
specific legISlative IIl;easure which prohibIts'dlSCnnllnation agamst gays and lesbWls. ThlS
decision unde,rscores the growing bipartisan consensus ~ this country that prohibiting
discrimination again~t gays and lesbiax1sis a fundamentall Civil rights issue.
tm:e.
I
','
,,',
'
,The Leadership Conference believes strongly that every worker should have the right
to be judged solely on his or her ability to do the job. People who work hard and perform
well should not be Jkpt froJ,l\ leadmg productive and responsible lives - paying their taxes,
,
. covering their mortgages and contributing to the econom~ic,life"of the nation.
~Ob
disl::.rimination against lesbian ank gay: people iswidespread,and
,
Regrettably,
'there is ,no federal ~ti-discriminatiori law that covers th~m. The Employment Non'
Discdmination Act t~kes a modest step toward Securing ~qual treatment for millions of
''
"
Americans who,con:tinueto,experience discrim~tion in the workplace. , "
In addition tJ the anti-disCrimination sections of the Employment Non-Discrimination
Act,there are other~portant provisions in the legislati~h that would:.
'"
,
,
0
o
o
o
~eligious
exemJt religious organizations, including
educational institutions;
exempt small businesses with fewer than 1~ employees;'
,
prohi~it quotas and preferentiaitreatmentbased on sexual orientation; and
not require employers to, provide benefits to the same-sex partner of an
employee.
"
I
I
, "
' "
The Employni.ent Non-Discrimination Act would not apply to uniformed members of
the armed forces. It would apply to Congress, 'and it haslthe same remedies provided by
the Civil Rights Actrf ~991 and the Americans with Disabilities Act.
,
ri~t
The time is
fora federal law protecting gay Ld lesbian Americans from '
employmentdiscrimipation., Indeed, national polls show Ithat 76 percent of all Americans
believe that people should not be fired or discriminated against for being gay.
com~itted
,
The Leadersh1p Conference on Civil Rights is
to working at the n:ational,
state, and localleve~ on behalf of the Employment Non-IDiscrimination Act.' We call on the
, House of Representa~ivesand the Sen,ate to follow the Ie~d of a growing number of '
businesses that already ban job discrimination against gays and lesbians and to pass this
I
"""." ...." ..
vital legislation as soim as :OSS.ible. . ""
"
.
A number of !organlZatiOnS m the leadershIp Conference have not ,taken a pOSItion at
,this time and do not join in this statement.
,I
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'
U you would,likea copy of the Employment Non-Discrimination Act or need '
'
, additional informatior or materials, ,please call us at 2024b6-3311. "
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�T·
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THE WHITE HOUSE
WASHINGTON
I
EbUAL BMPLOYKENT OPPORTUNITY STATEMENT
! EXECUTIVE OFFICB OF THE PRESIDENT
I
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The president is committed to ensuring equal employment
opportunity fo~ all Executive Office of Ithe President (EOP)
employees. Equally as important, the P~esident is committed to a
government that is free of discriminatidn and which reflects the
diversity. of t~is nation.
I
This statement I reaffirms the policy of the EOP prohibiting
unlawful discrimination and sexual hara$sment. The EOP does not
condone nor tolerate discrimination bas~d on race, color,
national origin, sex (including sexual harassment), religion, age
(over 40), disability or sexual orientation, in any of its
personnel policies, practices, and operdtions.
.
I
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All EOP agency I heads and employees have a responsibility to
uphold this policy. Each employee must be personally accountable
for his or her!performance in ensuring and promoting equal
opportunity principles and in recognizirlg diversity as a source
of strength fo~ the EOP. Moreover, managers and employees alike
must work toge~her to ensure a workplac~ free of discrimination
and sexual harassment.
i
In general terms, unlawful discriminatiJn involves improperly
,making employm~nt decisions or carrying lout actions based on the
~actors listediabove. Discrimination oq the basis of ~ex
~ncludes sexual harassment.
Sexual harassment, as def~ned by the
Equal Employmeqt opportunity commission land for the purposes of
the EOP, is: unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature
when: (1) submission is made explicitl~ or implicitly a term or
condition of arl individual's employment;i (2) submission to or
rejection of such conduct by an individual is used as the basis
for employment decisions affecting such lindividual; or (3) such
conduct has th~ purpose or effect of un~easonably interfering
with an individual's work performance ot creating an
intimidating, ~ostile, o.r offensive working environment.
,I
"
I
.,
t'
every EOPI emp 1 oyee may ra~se ca~ms 0 f d'
~scr~m~na ~on
and/or sexual harassment, employees' rights, responsibilities,
appeals, and remedies may vary. If you Ibelieve that you have
been discriminated against or sexually harassed, you may pursue
an equal emploYment opportunity claim. Iyou should be aware that
thetimeframes Ifor raising claims vary for EOP employees from 45
to 180 calendar days from the alleged dfscriminatory event.
'
Wh ~ l e
�If you have any questions about the process and timeframes for
raising a clai~ or would like more infotmation, please contact
Sharon Solomon, Equal Employment Opportrlnity Manager, Office of
Administration) Executive Office of the President, at (202) 395
3996/TDD: 395-1160.
�tHE WHITE HOUSE
WASHINGTON
February 14, 19194
.I
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I
Mr. William Wa~bourn,
Executive ~ir~dtor
Gay and Lesbia~ Victory Fund
Seventh Floor i
1012 14th Streett N.W.
Washington,D.q. 20005
I
I
Dear Mr. Waybourn:
I
Thank you jand your colleagues for.ypur letter of
February 9, 1994. Like you t I am commJ.tted to the fight
for equality fqr all Americans.
,I
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1
All peoPlJ in our society must enjoy the opportunity to
be judged on their merits. Sadly, as you point out, this simple
principle of jJstice has come under assahlt in several states
this year.
i'
, I.
Those who Iwould legalize discriminaFion on the basis of
sexual orientation or any other grounds are gravely mistaken
about the values that make our nation st~ong. The essential
right to equal~ty must not be denied by ~ ballot initiative
or otherwise. i
I commend ithe broad-based coalition of leaders from the
religious communities, labor unions, environmental groups,
gay and lesbian organizations, women's g!roups, senior citizens,
communities of Icolor t Republicans and Debocrats, and many other
groups who hav~ united to oppose these b~llot initiatives. You
have demonstrated through your actions ahd your diverse member-'
ship that this lis not an issue of "speci:al rights" for anyone '
group. This, is a battle to protect the human rights of every
individual.
Sincerely,
.•
�WithdrawallRedactiob Marker
I
DOCUMENT NO.
AND TYPE
001. memo
Clinton Library I
SUBJECTffITLE I
DATE
.
I
Keith Boykin to George Stephanopoulos re: Overview of Gay Issues
I
.
(7 pages)
10/3011993 .
RESTRICTION
P5, P61b(6)
This marker identifies theorigirtallocation of the withdrawn item listed above.
For a complete list of items withdrawn d·omthis folder, see the
Withdra~al/Redaction Sheet at the !front of the folder.
I
COLLECTION:
Clinton Presidential Records
. Domestic Policy Council
Stephen Warnath (Civil Rights)
OAlBox Number: 9591
FOLDER TITLE:
[Civil Rights Working Group]
ds54
I
Presidential Records Act. [44 U.S.C. 2204(a)]
RESTRICTION CODES
1
PI National Security Classified Information [(a)(I) of the PRA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
P3 Release would violate a Federal statute [(a)(3) of the PRA]
P4 Release would disclose trade secrets or confidential commercial or
financiaJ information [(a)(4) of the PRA] I
PS Release would disclose confidentiaJ advise between the President
and his advisors, or between such advisors taleS) of thePRA]
1>6 Release would constitute a clearly unwarranted invasion of
personaJ privacy [(a)(6) of the PRA]
I
C. Closed in accordance with restrictions ~ontained in donor's deed
of gift.
.
I
PRM. PersonaJ record misfile defined in accordance with 44 U.S.C.
2201(3).
I
RR. Document will be reviewed upon request.
.
.
I
I
Freedom of Infol'lnation Act· [5 U.S.C. SS2(b)]
informatio~
[(b)(I) of tbe FOIA]
b(1) National sJurity classified
b(2) Release worlld disclose internal personnel rules and practices of
an agency [(b)(2) of the FOIA]
b(3) Release would violate a FederaJ statute [(b)(3) of the FOIA]
b(4) Release worlld di~close trade seerets or confidential or fmancial
informatiori [(b)(4) of the FOIA]
b(6) Release wo~ld constitute a clearly unwarranted invasion of
personaJ privacy [(b)(6) of the FOIA]
b(7) Release woilld disclose information compiled for law enforcement
purposes [(ti)(7) of the FOIA]
b(8) Release woJld disclose information concerning the regulation of
financiaJ irultitutions [(b)(8) of the FOIA]
b(9) Release w01:lld disclose geologicaJor geophysical information
[(b)('l) of ... FOIA] .
.,.-.r""
�I
I
i
Clinton Library I
SUBJECTffITLE I
I
.
WithdrawallRedaction Marker
DOCUMENT NO.
AND TYPE
002. report
DATE
RESTRICTION
1114/1992
Presidential TraJsition Document (12 pages)
I
Personal Misfile
I
I
This marker identifies the original location of the withdrawn item listed above.
I
For a complete list of items withdrawn from this folder, see the
Withdr~wallRedaction Sheet at the' front of the folder.
I
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Stephen Warnath (Civil Rights)
OAlBox Number: 9591
FOLDER TITLE:
[Civil Rights Working Group]
ds54
RESTRICTION CODES
Presidential Records Act· [44 U.S.C. 2204(ln
Freedom of I.nformation Act· [5 U.s.C. 552(b)]
PI National Security Classified Informatiol [(a)(l) of the PRA]
P2 Relating to the appointment to Federal 6ffice [(a)(2) of the PRA]
P3 Release would violate a Federal statute [(a)(3) of the PRA]
P4 Release would disclose trade secrets 01' confidential conunercial or
financial information [(a)(4) of the PRA]
P5 Release would disclose confidential advise between the President
and bis advisors, or between such advis6rs [a)(5) of the PRA]
P6 Release would constitute a clearly nnwa'rranted invasion of
personal privacy [(a)(6) of the PRA]
b(l) National1security classified information [(b)(l) of the FOIA]
b(2) Release Would disclose internal personnel rules and practices of
an agency [(b)(2)of the FOIA]
.
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
b(4) Release Would disclose trade secrets or confidential or financial
information [(b)(4) of the FOIA]
b(6) Release Jvould eonstitute a clearly unwarranted invasion of
personall privacy [(b)(6) of the FOIA]
b(7) Release Jvould disclose information compiled for law enforcement
purpose~ [(b)(7) of the FOIA]
.
b(8) Release Jvould disclose information concerning the regulation of
financial institutions [(b)(8) of the FOIA]
,
b(9) Release ~ould disclose geological or geophysical information
concerning weDs [(b)(9) of the FOIA]
I
C. Closed in accordance with restrictiohs contained in donor's deed
of gift.
.
PRM. Personal record misflle dermed in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
I
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�CLINTON ADMINISTRATION ACCOMPLISHMENTS
I
GAY AND LESBIAN ISSUES
(Draft #1, Monday, JUn16, 1~94)
,,I
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0,
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APPointedl more than 30 openly gay ?nd lesbian people to
the Admin:istration, including at the White House
.
APPointed~ Roberta
Achtenberg as Askistant Secretary of
Housing &1 Urban Development for Fa~r Housing, the first
open lesb~an to be confirmed by the Senate
:
.
I
Appointed Bruce Lehman as, Asslstan~ Secretary of Commerce
for Pate~ts and Trademarks, the first openly gay man
appointed to this position and the first openly gay man
to be unanimously confirmed to his position by the Senate
.
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Nearly e~ery major cabinet department an4 agency has banned
discrimination based on sexual orientation
o
presidenJclinton was the
U.S. President to'meetwith',
leadersqf the gay and lesbian community, which he did in
April 1993 in connection with the Gay and Lesbian March on
Washingtqn
firs~
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President Cli~ton i,ssiled a strong statement condemning
thean:tifgay ballot initiatives circulating in several
'states ,
I
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,
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President Clinton's S~rgeon Gener~l Joycel~n Elders
continue~ to be a forceful advocate for the rights of gay
and lesbtan Americans
,I,
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Secretary of Health & Human Servi~es Donna Shalala will
convene a national conference to examine' the causes and
solution~ to gay ~outh suicide laier this month
o
Members bf the Administration havk met with members of the
lesbian' hnd gay community, for the first time opening up the
doors ofl the government to all pebple
'
o
Ciinton's
care
bill will guarantee
quality,1 private health insurance tha~ can never be taken
'away and! with choice of doctor to all Americans
presiden~
'.,'
o
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ri~orm
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President Clinton appointed Jane Alexander, a strong
I ,
of freedom of the arts, to head the National
Endowment for the Arts
defende~
o
he~lth
T~e
I
majJrity of all federal bench appointees in the
Presidedt's first year ~er~ women and minorities, meaning
straight ,white men were the minority of appointments for
the fir~t time in history
I
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DRAFT
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The presibent signed an executive order overturning the
Bush-era ~ag rule that prevented health care providers that
receive ~edetal funds from even,mentioning the word abortion
to their patients
.
One of th1e first bil~s the pres'ident signed into law
reauthorilzed the N,ational Institutes of Health and created
a permanerit Office of, Women's Heal th Research and
reorganizied the office of AIDS 'Research
AIDS ISSUES:
o
The Justi:ce Department has vigorously enforced the Americans
with DisapilitiesAct, prosecuting those who discriminate
based on HIV or AIDS status
I
o
presidentl Clinton held an unprecedented meeting with
'religious leaders to discuss how government and faith
.
corrununitiies can support one another in stopping the spread
of AIDS and insuring compassionate carE: for those who are '
ill
. I
. , , ' .
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presidend Clinton issued a presiden~ial directive requiring
that ever.y federal employee (including' all White House
staff) receive comprehensive workplace education
o
The Depar:tment of Health & Human Services named a new task
force lasjt fall to work aggressi vel ty to identify and
resolve ~arriers to the development of.new AIDS drugs
i
o
The Adminlistration introduced a ~ew AIDS prevention
,ini tiativie that candidly emphasizes abstinence and
encouragels correct and Consistent use of latex condoms
o
Attorney ~eneral Janet Reno grarited a travel waiver to 'allow
people li~ing with HIVand AIDS to participate in Gay
Games act'ivi ties in New York this month
I '
o
. '
,
President, Clinton corrunemor'ated World AIDS Day in
Dec~mber
1993 by P1articipating in a number of different activi.ties
designed ~o highlight the profile of the issue and invited
an openly: gay, HIV-posi ti ve African American corrununity
activist ~o introduce him
.
.
.
o
Presiden~ Clinton appOinted the first National AIDS Policy
Coordinatlor to orchestrate Administration AIDS activities
�,
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CLINTON QUOTES ON GAYS IN THE MILITARY BY SUBJECT
Principles:
I
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"we need :everybody in America that's got a ,contribut,ion to
make tha~'s willing to obey the law and work hard and play
by the r~les." -- 11/12/~2
o
"I'm not ,going
I
t~
,
o
change my position"
11/13/92
'
"I intend to keep my commitment." ,-- 1/25/93
,
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"the principle .. '. behind this for me is that Americans who
are willJing, to conform to the requirements of conduct ...
should ~e able to serve in the military ... "-- 1/2~/93
o
"This
o
"I still [think I'm right ... I'm going to maintain the
commitment that I have.'" -- 1/29/93
,
c~Jpromis'e
is not
everythi~g
I would have hoped for or
but it is plainly ~
sUbstan1ial step in the right directi6n." -- 1/29/93
everyth~ng that I have stood for,
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"I think ipeople should not be aske,d tq lie if they're going
to be allowed to serve, because the question is not whether
they ' I
sh6uld be there or not. ~hey ~re there. So the
'
,
"
narrow questiqn of this debate is should you be able to
stay anc;i admit it." -- 2/10/93
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"I s~i~llembrace the principle ... I don't expect to ~hange my
posl.tl.on ... " '-- 1/29/93
,
o
'
"
,
,
"I have a presumption against discrimination based on status
alone, ~ut I will listen to any report filed." -- 3/24/93
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r
•
•
.
.
•
•
•
o
"thl.s co~ntry's poll.cl.es should be heavl.ly bl.ased l.n,favor
of non-discrimination •.• thereought,to be an overwhelming
,and compelling reason for it .•. I just have always had an
almost libertarian view that we should try to protect the
rights of American individual citizens to live up to their
fullestlof their capacities, and I'm going to stick right
with that." -- 4/23/93
"
,
o
"if somebody is willing to die for their country, should
they hare the right to do it? I think the answer is yes,
if somebody is willing ••. the only way our country can make
'it s, i~'wecan find somehow strength out of our diversity,
i
even, with people with whom we profoundly disagree." 4/25/93
o
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"I've had so many people ••• come up to' me and say that, they .
" have served with homosexuals who served bravely in vietnam
and othier places, who were good people, who' did not violate
any rul:es. It is them that I am trying to protect." 5/27/93
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�Timing of lift!ing the ban:
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"immediat;e repeal of the ban'"
o
"I want t:o have
I
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[position paper] 1992
months to give them a chance 'to work on."
6
-- 1/28//93
o
"
I
"The change cannot and should not'be accomplished
overnight ... "
1/29/93
I
Acceptable grounds for separation:
/
t~at
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"proof
they'd done [something] wrong" -- 9/9/92
o
"behavio~'that wasobjectiona61e: -- 9/9}92
o
i
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"simple status alone should not be enough for excluding
o
"destructive behavior" -- 9/11/92
o
"The issp-e ought to be conduct." ~- 11/12/92
o
"People ~hould be disqualified,from serving in the military
based o,n something they do., not based on who they are."
I
somebod~~ -~ 9/9/92
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1/28/93~
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"anysol:jt'of improper conduct should result in severance."
-- 1/28/93
o
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"individuals who are prepared to accept all necessary
restrictions on their behavior •.. should be able to serve
their dountry honorably and well." -:- 1/29/93
.
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"This s~ngle thing that is dividing people on this
debateJ .• is'whether a person, in the absence of any other
disquatifying conduc~, can simPI."y say that he f!l she is
homoserual and stay l.n the servl.ce." ~ //.;2'1/r3, ,
o
"the is~ue is should you be able to say what you are and not
.be kicked. out. ,This is not about· conduct. This is abo.ut
status I. I believe there ought to be the strict4il!st code of
behavibral conduct applicable here. I also believe there
ought ~o be an ev~n stricter code applicable to sexual
harassfent, whether homosexual or heterosexual." -- 2/10/93
o
"any ki~d of improper sexual conduct should be grounds for
dismis~al or oth~r appiopriate discipline." -- 3/24/93
o
"My view 'is people should be judged on their conduct •••
"
That'~ my. viewi, it's a behavior test." -- 5/27/93
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Method of implementation:
I
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"considered for reentry on a case by case basis" -- 9/9/92
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"I want to consult with military leaders"
9/11/92
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"do it in a way that is most appropriate for the management
of the *hole national security and military interest of the
I
countryl" -- 9/12/92
o
"I want to consult with a lot of people about what our
I
,
,
optionsiare, including people who may disagree with me
about tr$ ultimate merits"'-- 9/12/92
o
"I do not propose any changes in the code of military
conductio None • Zero • I do not believe that anything
should be done in terms of behavior that would undermine
unit cohesion or morale. Nothing.~.Should we change the
code of! conduct? They say no, and I say no, not at all,
not-on ithe ,base, not any way, no changes in the code of
conduct." -- 5/10/93
o
I
"I have Inot called for any 'change in the Uniform Code of
Conduct." -- 5/27/93
i '
compromise proposals:
I
o
"if you Ican discriminate against people, in terms of whether
they get in to the service or not, based on not what they
are but what they say they are, then I would think you
could make appropriate distinctions on duty assignments
once they're in. The courts have historically given quite
wide berth to the military to make judgments of,that kind
in terrs of duty' assignments." -:- 3/23/93'
o
Asked whether he would accept restrictions on duty
,
assignments, the president said, "That depends on what the
'report ~ays ••• But I wouldn't rule that out, depending on .
what the grounds and arguments are."'-- 3/23/93
o
"if they made a recommendation tome, would I review it and
consid~r it?
Of course I would. I mean I asked them to
study ~his. I can't refuse then to get t~,- results of the
study land act like my mind's madeup."_ 3/2r/9)
o
Regardi1ng the "don't ask; don't tell" proposals, the
.President said: "Well, we might end up that way as long as
it doe~n't lead to a whole range of deliberate outings. I
mean, we don't want to make it worse. I think we're very
close ~o a compromise along those ,lines." -- 5/27/93
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Joint Chiefs:
I
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"I'm gOl.ng to meet with them.,.. I want their input on how we
should do it ... I think they're entitled to really be
listene1 to on a tot, of the ~ractical issues." -- 1/25/93
o
"the Joint Chiefs should have 6'months to deal with the
practicall issues involved.",
I
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o
I
"the'Joint Chiefs agree ... that we ,should not anymore ask
people ~bout their sexual orientation when they enlist,."
1/28/1 93
I
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Theinte~im
o
"I agreelwith the Joint Chiefs that ,the highest standards of
conduct/must be required." , -- 1/29/~3
o
"that fa6t that we actuatly have the Joint Chiefs of 'Staff
agreeing that it's time to take this question off the '
enlistment form, that there ought to be serious
examina~I' ion of how this would be done, even though they
haven't, agreed that it should be done ... I think, this is
very, '~ery significant." -- 1/29/93
o
"This'iJ a very difficult time for them [the Joint Chiefs of
staff]J.. I think they're divided among themselves on this
issue.'1 -- 3/24/93
policy was reached "after a long conversation,
and a very good one, with the Joint Chiefs of staff and
di~cus~i+ns with ~everal Members of Congress.~ -- 1/29/93
.
I
difference between my position ~nd that of many peo~le
in th~:military ...,is over a very narrow category of people
actualiy ." -- 5/10/93
!
congressional role indecision:
o
"Th~
I
o
"w~'re ~orkingon
o
"we
~eil
.
/
,
'the resolution in the senate." -- '1/28/93
here ••• last night with senator Nunn" -- 1/29/93
, ' ,
-
"
o
"Today.!.. ! have reached an agreement, at least with senator
Nunn abd senator Mitchell •.. " -- 1/29/93
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"require[s,] extensive consultation with ... experts
in the Icongress ... " -- i/29/93
'chJ~ge
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"The comproml.se announced today by, the Senators and by me
shows/that we can work together to end the gridlock that
has plagued our city for too long." -- 1/29/93
o
"I applaud the work ... by Senator'Nunn, Senator Mitchell, and
otherl •• " -- 1/29/93
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"I would remind you that any President's Executive order can
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be overtprned by an act ofCongress ... I always knew that'
there was a chance that Congress would disagree with my
position!. "
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Nunn's "schedule to have hearings has nothing to do
'with the fact that I asked the 'Secretary of Defense to
present tp me ... " -- 3/23/93
Sen~tor
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Time spent on the issue:
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"Most people with whom I talk, except you folks [the press],
never di~cuss that." -- 1/28/93
o
"Of
I didn't bring it up; people in the Senate did.
I just ~ried -- I have not'rfrankly, spent very much time
on it co~pared to the time I'm spending on the economy ... "
--,-1/29/93
o
"I actually spent very little time on the issue myself ... I
was frankly appalled ,that we spent so much time the first
week talking about that instead of,how to get the economy
moving again. It wasn't my idea ... " -- 2/10/93
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"a lot ofiministers of the gospel believe that homosexuality
ismoral+y wrong and, therefore, thatgrourid alone is
enough t6 justify the ban." -- 2/10/93
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"not that!Americans agree with the lifestyle but that they
'accept tl?-e fact that there are citizens in the United
States wqo are nomosexual, who work hard, who don't br~ak
laws, who pay their taxes, don't bother other people, who
ought to!havea chance to serve." -- 2}20/93
o
.. there are a lot of people whose religious beliefs dictate
that the Ihomosexual lifestyle is wrong. I don't ask them
to give up their religious beliefs but simply to accept
other people as people and give them'a: chance to be
citizens las long as they're not doing anything wrong."
2/20/93
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"This is not about embracing anybody'slifestyle."
4/25/93 i
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"Others say if you ... acknowledge it,' it amounts'to
legitimiiing a lifestyle or putting it on par with
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'don't
se~ it as that ••. lt is not about asking the American
people t~ approve a lifestyle, to embrace it, to elevate
it, anytlling else.,•• I keep saying, 'That's not what I think,
we're about.'" -- 5/10/93
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"That· doelnot imply that the rest of the society agrees
with the1litestyle ... they should be judged based on their
behavior) not their lifestyle." -- 5/27/93
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"Most Ame:ticans believe that the gay lifestyl.e should not be
promotediby the military or anybody else in this country .. ~
I understand what you're saying -- so that our country does
.not appe~r to be endorsing a gay lifestyle ... the government
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appearing to endorse a lifestyle .. ;it's a legitimate
concern. I~
5/27/93
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CLlNTQN ON GAYSILESBIANS IN THE MlLlTARY
. DURING THE CAMP~GN .
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CLINTON'S POUCy ON GAYSJI,E."BIANS NOT BASED ON POUTlCS:
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intervie~ with, the New York Times Magazine, Clinton said be became a
'supporter of gay rights partly because 'of knowing people with AIDS and having
an
arf pomosexual:
friends who
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"See, this is more about saying than doing, this·wholething. Ifs not so much
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whether you'~ gay or not, but whether yOu can own up to being gay and still have
your job or sefve your country." [Washin&m Times, 10113/921
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CLINTON CITED PENTAGON STUDY SUPPORTING GAYS IN THE MUtUARY:
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"Yes. I suppo~ repeal of the ban on gays and lesbians serving in the United States
armed forces, in accord with the Pentagon study, which stated that allowing gays and
lesbians to ~e would have no detrimental impact on our military strength." [S1..
PetersbWJ Tin)es, 9/301921
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"[W]heD the p¢ntagonissued its rep9rt saying that there was no basis for the ban on
homosexual
and women in the military, I said that I would act to repeal the ban.
The Secretary bf Defense said it ought to be repealed, but be wouldn't do it. But
they stopped klcldng people out while the Gulf War was going on, and then started
again after the!GulfWar was over. I don't think it's right. I think everybody ought
to have the right to work and Should be requiIed to work. I think people should have
the right to seriVe their country. And if deftied the right to serve their country, it
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should be on the basis of behavior, not status." [fr4m1 News Service, 11/20192]
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CLINTON TOLD MuJTABY BE OpposED IAN:
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In an interview with the Army TImes,Nayy Times and Air Force Times, Mr.
Clinton did
not shy away from his position to remove, the, ban on gays in the military:
"Right now Otbmosexualsj are not requiIed to disclose that (status) when they join the
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service.'I1lere's no form to check off whether you're gay or not. So the Issue IS ,
." whether you ~ be able to stay if youaclmowledge you are gay. I don't believe
that alone shoUld ~ justification for1dcldng you out." [PR. Newsm, 9/27/92]
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"I have a ~ and you are part of it," said Clinton ala Hollywood fund-raiser of
oyer 600 gay Supporters. "You represent a community of our nation's gifted people
whom we have been willing to squander. We can't afford to waste the capacities, the
contributions, the hearts, the souls, the minds of the gay and lesbian Americans."
[Boston Globej 5/31/92]
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CLINTON SAm BAN WASTm TAlENTS OF AMERICANS:
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-I believe we have to have a tolerant, but not a permissive society ... to use the talents
of all Americans. There ought to be a presumption that people are able to serve their
country .~. in the military or any other way.. We cannot afford. to waste the talents of
.any Americans 1llEl. 6/9/92)
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CLINTON SAm BAN'COST TAXPAYERS MOO MU,I,JON:
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In a live te1evi~ town meeting in Florida, Clinton pointed to the amount of money
squandered on :the enfor.:ement of the cunalt ban:.
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"My own
1on dial is that simple siatus alone should 1101 be enough for exciudinc
9Omebody frorri the military. We spent SSOO million in tax money in the last 10 years
to get about' 1~,300 homosexual men and womat out of the military, in the ab~ of
any proof that they'd done anything wrong....that there was any behavior that was
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objectionable. !So my position 'would be. that behavior alone ,should not be enough and
. that people ~d be considered for reentry on a case by ~ basis.· [!be B.cutcr
Transcript Re,pOrt, 9/9/92]
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H.R~2128
A bill, to prohibit disdriininati~n and preferential treatment on the basis of race, colo'r, national
origin, or sex with re~pect to Feder,al employment, contracts, and progr1J.Il1s, and for other pur- "
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Equal OpportUnity ,Ab of 1995 J Prohibits discrimination or preferences in 'Federal~mployment '
and contracting on tne basis of r~ce, color, national origin, or sex, or entering into a consent de"
cree requiring, authohzing, or p~rmitting- any, such discrimination or preference. Prohibits con
struing this Act to ptohibit or lirltit: (1) employment recruiting or encouraging contract bid-ding
or requiring or encoJragirig FedJral contractors to so recruit or' encourage, if the recruit:-ing'or
encouraging does not involve a ?umerical objective or, otherwise granting a' preference; (2) any'
actdesigned to benefit historically Black colleges or universities; (3) any action under aFederal
law or treaty relating to the Indi~ tribes; or (4) classifications based on sex if sex)s a bona fide
"occupational' qual~fidltion reasoriably necessary to the normal operation ofthe Government"
contractor, or subco~tractor, the ;classiflcation is designed to protect privacy, U.S. national '
security interest is involved, or the classification is applied regarding an armed forces member on,
active d~ty in' a theatre 9f comb~t operations. Allows as remedies only injunctive or equitable
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relief (including bac~ pay), attorney's fees, and costs,
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ANALYSIS
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The purpose of this Act ,is to ensure that all Americans'are treated equally, by the Federal
government in Fede~al'employrnent, Federal ,contracting and subcontracting, and Federally
conducted programs.; Thi~ ACt f4rthers'the cause of equal opportunity 'and non-discrimination by
that 'rights inhere in individuals, not -in groups. This Act endorses those '
embracing the view 1 ,
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Federal 'affirmative laction' programs that are designed, to, recruit broadly and widen the
opportunities, for competition, without guaranteeing the results of the' competition or resorting to
preferences on thebksis of race,1 color, national origin, orsex. However, the Act would prohibit
those Federal. 'affi~ative actio~' program~that seek to divide Americans through the use of
quotas, set-asides, tll:netables, goals, and other preferences. '
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Section 1. Short
Act ~f 1995.'
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Tftld. Section 1 brovides thatthe .Act ~ay be cited' as the 'Equal' Opportunity
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Section 2. Prohibiti01 againstDi~crimination and Preferential Treatm~nt, S~ction 2 prohibits
the Federal government. or any officer, employee, or agency, of the F~deral government from
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intentionally. di~crimif1ating against, or granting a preference to,. any individual or group, in
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whole or in part, on the basis of 'race, color, national origin, or sex. This prohibition applies to
Federal employment, !contracting, subcontracting; and the administration of Federally- conducted
. progr~s. The use of: race, color~1 national origin, or sex. 'in part, ~i.e., as one factor) in a hiring or
promotion decision, ~ contract olil' subco'ntract a\Vard,oi a decision to admit a'person to a Federal'
program, is forbidderl by Section, 2. When race," ethni~ity,or sex is used as"a so-called 'plus" ,
factor in detei1niningl the outcomb of a decision, that is a preferEmce.
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Section 2 also explicitly prohfbit~ the Federal government :oranyofflcer,"employee,l or agency
of the Federal goverrlment .from tequiring- or ericouraging any Federal contractor. or', '
subcontractor intentidnally to'dis~riminate again'st, or. grant a preference to" any individual or'
group, in whole or i~ .part, on th.~ basis ofrace, color~ national origin, or sex;
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As originailyconceiYted, Executi~e order 11246 equated 'affirmaqve ~ction' with the principle
of non-discrimination. Pursuant to Executive Order 11246, each Federal co'ntractor:is required
to agr~e that it 'will ~ot discrimihateagainst any employee or applicant for employment
because of race,colot, religion;~ex,or national origin' and that the contractor ,'wil,1,. take.
3ffirmative action to ~nsure that'hpplicants are employed ... without regard to their race, ,
, color, religion, sex, orr national "origin.' Unfortunately, bureaucratic implementation' of,the . '.
,Executive Order ovet a period of years has converted ,it Jrom a program aimed at, eliminating .
. discrimination t~ onel which reli~son itin, ,the f?rm ~f'prefetenc7s. Section 2 aims not to
overturn'Exec~tlve Order 11246,1 but to restore Its ongmal meanmgand purpose, , '.
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Section 2 also forbid~ the Federal· government from entering into a ,consent decree that, "
requires, authorizes, or petmits ~y preferences oth.erwise forbidden' by this Act.
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Section 2(1)(c) appli~s to progratnswholly administered by the Federal government. Nothing
in Section 2, nor any~hing· inthi~ Act~ affects programs or activities merely receiving',Federal,
. financial aSsistance. I:or example~ Titl~ IX of the Education Amendments of 1972, prohibiting
discrimination in Fed,erally-assisted education programs, is unaffected by this Act. In addition,
this Act does not aff~ct the Votirig Rights Act or its enforcement. ' "
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Section 2 does not forbid preferences ~n any basi's other than race, color, :n~ti6nal origin, or
sex; Thus, a preferenbe in contrabting'based:on'economic criteria, the,size:oftbe company
seeking the contractirigbusiness,lyeteranf~ status, or some other neutraisociaicriteIia is not
for:bidden by this Ac~, so long as;' every' American has an equal opportunity to m~et the criteria
without regard to race, color.. national origin, or sex.. , '
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CO~ITEE(S) OFi REFERRAL:
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House Judiciary
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House Economic andi Educational Opportunities
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House Government. Refonn and Oversight '. ..
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SUBCOMMIITEE(S):
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Hsc Civil Service .1 .
Hsc Employer-Empl~ee
Hsc Constitution ' I
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Relatio~s
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EXECO I IOE, OFFICE OF {HE PRESIDEN I
.~
LRM NO: 3442
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
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FILE,NO: 1834
1130196
Total Page(s): _ _
LEGISLA TIVE REFERRAL MEMORANDUM
1
TO: Legislativ¢ Liaison, Officer - See Distribution below:
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,FROM:-,James JUKES
:
(for) ,Assistant Director for Legislative Reference
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OMB CONTACT: Ingrid SCHROE E
395-3883"
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Legislative As 'stan '5 line (for simple responses):
395-3454
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C=US. A~TEL MAl . P=GQV+EOP, O=OMB, OU1=LRD, S=SCHROEDER, G=INGRID, I=M
schroederJ@ 1,e .gov'
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SUBJECT: JUSTICEj Proposed Draft Bill: Civil Rights in Public Accomodations Act of
1995
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DEADLINE: Noon T~esday, FebruarY 111,1996
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In accordance with OMB Circular A-19, OMB.reqt:Jests the views of your agency on the above subject' before
advising on its relationship to the program of the Presi<;fent., , ,
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Please advise us If this item will affect direct spending or.receipts for purposes of the "Pay-AS-You-Go"
the Omnibus Budget Reconciliation Act of 1990.
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, provisions of Title XIII
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DISTRIBUTION LIST:
I
AGENCIES: 22-Civil Rights - Mary K. Mathews - 2023767700 '
25-COMMERCE - Michael A. L'evitt - 2024823151
30-EDUCATION - Jack Kristy - 2024018313
52-HHS -: Sondra S. Wallace, - 2026907760
54-HUD -, Edward J. Murphy, Jr. - 2027081793
62-LABOR - Robert A. Shapiro - 2022198201,
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76-National Economic Council- SonyiaMatthews - 2024562174
107-Small Business Administration - Mary 'Kristine Swedin - 2022056700,
117-TRANSPORTATION - Tom Herlihy - 2023664687
118-TRE{\SURY -Richard S, Carro - 2026221146
EOP: John T h o m p s o n .
David Haun
Janet Himler
Matt Blum
Lisa Fairhall
Moon Trah
Steve Redburn
Dan Chen ok
Art Stigile l
Steve AitKen
,,\Stepher:fwarl'-ath~,
Marvin-Krislov' ' ,
Kumiki Gibson
Richard Hays
Michael Waldman
Peter Jacoby
Jim Murr t
~£()"'g '- ;st-~llP"v\Q!:.
~I:> L.:~
}::ILL.. Sc.4-W6-f'L
"It' ])
a-.tNJ
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LRM NO:
RESPONSE TO
3442
lEGISLATIVE REFERRAL,
MEMORANDUM
1834
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If your response to this requ~st for views. is simpl~ (e.g., concur/nocomment), we prefer that you respond bye-mail or
by faxing us this response sheet. . ' ,
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, If the response is simple anq you prefer to call, please call the br~nch-wide line shown below (NOT the analyst's line)
, to leave a message with a I~gislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be connected to voice mail if. the analyst does ,not answer); or
(2) sending us,a memo or letter'
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Please include the kRM nu~ber shown above, and th~ subject shown below"
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TO: Ingrid SCHROEDER 395-3883
Office of Management and Budget
Fax Number: 395-3109
Branch-Wide Line (to reachJegislative assistant): 395-3454
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FROM: ---;-_ _ _ _ _---,-..,.-----,-_ _ _ _---,-_......,......_ (Date)
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(Name)
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SUBJECT: JUSTICE Proposed Draft Bill: Civil Rights in Public Accomodations Act of
.
1995
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following is the
~esponse
of our agency to your request for views on the above-captioned subject:
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___ Concur
___ No 0bjection
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No (pomment
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Seeiproposed edits on pages
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___ Other: _ _ _ _ _ _ _ _ _ _ __
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RETURN of __ pages, attacned to this response sheet
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. lJ. S. Department of Justice
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Office of Legislative Affairs
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. Woshillgtoll. D.C. 20530
dral+
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. T he Honorable Newt Gingrich
Speaker
u. S. House of; Repres~ntatives
Washington~ D.~.
20515
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Dear Mr. Speakrr:
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I am tran~mitting for' the consideration of Congress the
enclosed legislative proposal to amend Title II of the Civil
Rights Act of 1964, 42 U.S.C. 2000aet ~
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The propo~al would expand the law to add "any ... en·tity that
sells, rents of provides goods or services" and lIany public
transportation! service provided by a private' entity that is
primarily engaged in the business of transporting people ll to the
list of "public accommodations" that are prohibited from
~iscri~inating based on race, color, religion. and national
. origin. In additioil,theamendment would expand the covered
classes to include IIsex" and would allow co~rts to award
compensatory damages and impose civil penalties in Title'II
lawsuits brought by the Attorney General.
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. This woul1· conform the covered classes' of Title' II to those
covered-by Tit~e V.II of the,1964 Act, which' prohibits
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discrimipationl'in employment~The:damages and c,ivil penalty
language is modeled after provisi'ons in the Fair Housing
Amendments Actl of 1988.
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Existing title II prohibit~ racial or religious
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discrimination l in "any place of public'accommodation" and .permfts
,the Attorney G~neral to enfOrce the law. B~t the definition of
"public accomm¢>dationll under Title II is a limited one. An
establishment ~s a "place, of public accommodation within .the
meaning of Title II if its operations affect commerce and it
falls within one of the categories of establishments which serve
the public. G~nerally, these are motels, hotels, restaurants,
theaters, sports arenas, stadiums, or other places of
entertainment br exhibition. See 42 U.S.C. §2000a(b}.
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Thecoveirage of Title II is more circumscribed than the
Americans witlh Disabilities Act (ADA) ,'42 U.S.C. §12181et seq.,
which congres's enacted in 1990 ~ The ADA expands the definition
of "public adcommodation" for purposes of pr9hibiting
.
discriminatio'n against persons with disabilities (see 42 U.S.C.
§12181 (7)) to; include as public accommodations establishments
that engage in the provision of goods, services, education,"
recreation, abd social services. The ADA spe<:::ifically lists
examples of twes of establishments considered·to be a public
accommodation: - -:- a ba~ery,. grocery store, clothing~tore,.
hardware store, shopplng center, or other sales or rental.
establishmentliand a laundromat, dry-clE:;!aner,. 'bank, barber shop, ,
beauty shop" ~ravel service,' shoe repair service, funeral parlor ,
gas station, pffice 9f an accountant or laWyer, pharmacy,'
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insurance off~ce, professional office of a health care provide~,
hospital, . orbther service establishment. 42 U.S.C. 12187'(7) (E)
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In addition, .·the ADA also contains a specific prohibition of
discrimina:tion in 'specified public transportation services
provided by private.eritities (such as taxicabs):
No
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indiv~dual,shall
be discriminated against on the
basis ofl disability in the full and equal enjoyment of
specified public transportation services provided by a
private ~ntitytha:t is primarily engaged in;the
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businessl of transporting people and whose operations
affect commerce. 42 U·. S. C. ,12184 (a).
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Because1f .the disparity between Title II and the ADA, at
least one co~rt has rejected the argument that Title II cove.rage
should bemor~ broadly interpreted because of the expanded
definition of l "public accommodation" under' the ADA and suggested
that the "proper forum" for a change in the law is Congress.
'. Welsh v. Boy Scouts of America, 993 F. 2d 1267, 1270-71 (7th Cir.
1993) .
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Since 19~1the Department has filed and su~cessfully
rt;:!solved justl seven matters involving discriminat'ionby places of
public accommodation under Title II. 'The. reason for this dearth .
of enforcement.activity is two-fold. First, as discussed above;
Title II is e:ktremely limited .in its coverage. Although courts
have construed. the'se provisions as broadly as possible, there is
no precedent to extend ,the pro4ibitionto the vast section of th.e
business comm~nity made up of 'establishments whi<:::h sell goods ,and
services. In I fact,' .Title II, a~ proposed by President Kennedy ,
and reported ~y the Senate Judiciary Committee, originally
covered retail and service establishments but was later amended
not to includti: them. The law as· enacted fails to reach
supermarkets,!clothing stores, barber shops, insurance agencies"
laundromats and other common places of business.
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Second, in addition to t.he coverage limitation, Title II has.
a limitation .?n remedies that dissuades individuals from bringing
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,complaints to ithe Dep~rtment's, ,attention. When"the 'Attorn~y
Gen~ralmoveslto enforc~ 'Title II"sh~can obtain only injunctive
rel~ef.
Damaw:s ~ no matt~r ,how ,egreg~0':ls the case!', car:mot be
',awarded, 'and cl~v~1 penalt~es cannot be ~mposed. Certa~n ,state
laws do provide for monetary relief and, primarily for this
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reason; it is ~nder such laws that most public,accommodation
cases are litigated.' , '
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, Unfortuna,tely, ,discrimin?ltion by places of public'
,accommodation, persists as our 'recent action involving the Denny's
restaur~nt chain makes disturbingly cle,ar~
That case also
highlights'the effect of the limitation on remedies in'Title ,II
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- the large monetary settlement could not have been 'reached'
w;ithout'the pr~vatelitigantswhohad an independent right to
damages under,~2 ,U.S.,C. 1981 aridunder .!?tate~iv.~l rights'l~ws.
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Reports to the Department of Justice,. and in the press,' have
rEi!vealed similkr broad patterns of dfscriminatoryaction in"
retail,and" ser\rice establishments. 'People" contj"nue to be " ,
routinely'.p.arapsed, followed, hurried;' charged different prices"
and outrig}:lt d~nied access to goods and services on the ,basis of
race, color, sex and national. origin. A few ,recent examples
serve to' illustrate the' common problems':
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, A 'Sp~ingfield, Illinois,' taxi~ab company posted a
poliby instructing drivers riot to "pick up any black
malek unless you ,feel'it'is safe." The 'notice went on
to s~ate that" [t] here' had been too many robberies
late.il.y" and ,that they had all been, by bla,ck males."
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A teenager in Prince Georges, ~Olinty" Maryland, ' was
challenged by a store security guar,d to prove he had
bought the shirt he ,was wearing.,
He was forced to
~iri~ off his shirt,leave the .store in his undershirt
and return with a receipt'proving,he had' purchased the
shirt, even though the store cashier remembered' having
sOldl him a shirt the da~ before. ,
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,'Wqmen are consistently 'charged more for the same goods
and kervices, such as haircuts, dry cleaning,
,
alt€ ! rations,
car sales and car ~epair.
In response to
"suchl discriminatio~, California recently enacted a law
to prohibit discrimination based,on gender'in'the
prov~sion of services.
Simi;la~.bills hayebeep.
introqucedin other states.
A,black corrections officer ' from Woodbridge t Virginia
reported that he and at least twoother:pl~ck
indiViduals, one'of,whom is twelve years old t were
denikd' services ',at a local barber 'shop . ,'Several of the
barb~rs who work· 'in the shop gave written statements in
'a re~ated human rights investigation stating that they
werer instructed by the owner of ' the shop not to cut
, "niggers I ,'hair~",
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. snopper at a .large· department store in Bo.wie;
Maryland, was alarmed when a clerk stamped her check
andicircled the letter B for black. The code also
contained the.lettersW, A and H.forwhite, Asian and·
Hispanic. Similar incidents were reported throughout
Maryland and in Boston as well. Investigations by
.
reporters revealed that the racial coding on checks was
used primarily for minority buyers and rarely'
imp~emented for. whites.
Each of Jhese reports indicates the possible presence of a
pattern or pr4ctice of discriminati6n that the Department was
unable to addiess under.the·current statutory scheme for public
accommodations. . Such discrimination. is demeaning, .insulting, .
humiliating and embarrassing, not 'justto 'the victims of such
.action, but to' our nation.
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When Pre~ident Kennedy announced his intention to introduce
a broad public accommodations bill to Congress to prohibit
'discrimination in, among other places, retail and service
establishments, 'he spoke of the unrestricted access it would
require as "an elementary right.'" That right is nO'less
elementary toqay - one which we should strive .to protect. with the
full force and resources of Federal action. The bill we propose
would make.sudh action, possible.
We urge ~he Congress to move swiftly to enact this bill.
The Office of I Management and Budget has advised that from the
standpoint of I the Administration I s program, there is no obj.e'ction
to the submission of this legislation.
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Sincerely,'
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Enclosure
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The Honorable Al Gore
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Andrew Fois
Assistant Attorney General
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A BILL
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To prohibit discrimination.on' the basi.s of race ~ color,
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relig.ion, , sexl aridnatiollal origin in retail and service
establishment~
and
p~ovide
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the Attorney General with eff.ective
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enforcement, tpols to prot~6t,civil rights in public
accommodation,s.
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Be it enacted by the Senate and the House of Representatives
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of the Unitedl States of America in Congress assembled,
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SEC. 1.
SHORT TITLE
This "Act! may be cited as the IICivil Rights in Public
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Accommodations Act of'1995.
SEC. 2.
The
11
FINUINGS
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Cong:res~
finds that
(1) Disl~rimination on the bas'is of race, color, ~eligion,
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sex or natiodal origin by. entities that sell, rent or provide
goods or serJ,ices to the generalpubli'c persists.
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(2)Di~C~imination .on the basis of race, color, religion,
sex or natiodal origin by entities that serve the public,
including ret!ail' and service establishments, substantii;llly
affects interstate commerce.
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(3) Th~ Federal government has a central role in protecting
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individuals from discrimination on the basis of race, color,
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religi6n, sex or ~~tio~al oiigin:
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(4)
Th~ Federal government lacks the authority to redress
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discrimination on the basis of race; color, religion, iex,or
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national, origin by many retail,and'service establishments.
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(5)
Inqividuals face harassment, poor service, disparate
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treatment, and outright exclusion from retail and'service
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establ'ishmentd
b~cause
of their race, color, religion, sex or
orig~n.
national
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(6)
The ;Attorn'e:Y General :lacks authority under Title II of
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the Civil Rights Act of 1964 to request monetary relief to
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comp~nsatevidtims 6f discrimination,or civil penalties to
vindicate .the '!ipUbliC interest, which has hampered the Federal
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government's ~bility to redress and d~ter discrimination by
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paces 0 f ,pub,l. accommo atlon.
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PROHIBITION,OF DISCRIMINATION
SEC. 3.
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(a) Sect:ilon 201,(a) of the Civil Rights' Act of 1964 is
amended by inJerting IIsex,lI after "religion,".
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Section 201 (b) of the Civil Rights Act of 1964' is
',(1:»
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amended -
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(1) by, striking "and ll in ,paragraph
r~deSignating par~graph
(2) by
(3),
(4), and'all subsequent
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references to Iparagraph (4) ,as paragraph, (6), and
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(3) by adding the 'following new paragraphs:
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, "(4): any store, office, shop, market or shopping mall,'
or other1entity ihat,sells, rents or provides goods or,
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serVlceSi
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11(5)' any pUQlic transportation service provided by
a
private entity tha.t is primarily engaged in the business of
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transport;ing peoplej and"
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SEC. 4.
ENFORCEMENT ACTIONS BY THE ,ATTORNEY GENERAL '
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Section ?06(a). of the Civil Rights Act of 1964 is amE:nded by
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adding the foilowing before the period and after the word
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'described'
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and (4) requesting such
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reiief,including.. monetary
damages to petsons aggrieved>. and (5) requesting a civil penalty
against the r~spondent to vindicate the public interest in an
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amount nottolexceed $50,000 for a first viol~tion, and in an
amount not· to !exceed $100,000 ·for any subsequent violation."
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CClTT ECM:# 1
EEOC'"
2-25-95: 12:57PM ;
V.I ••~.1 BmplO,..Dt apportualtJ Commi•• ioa
Office: of COl\.lluJlloatiolL•••4 "'.il.1atl". Affair•
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1801 L ·Itr.et, h, .•00• • oa. '
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lnternal
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Memo on ~DEA!LawEnfdrcement Exemption
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51JDD OJ' ~AGZ. ftUJSKl~'1'BD ilBCL1m:Z:,Q" CovDJ'l..Jl..B_ _ _
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••ZC:Z:U,l:BSftUc-lI08SI . . For yol.l~ informationonl y
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Cbairman.Casellas plans to discuss this with
Ms. Rasco at Mnnday meeting.
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'lt1•••• t .l.plloae ,toll. approprlat. offio. uo". if ,IOU 40 Dot ,r.c.l"•
• 11 c100wa.Dt.. i "
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�CCITT ECM;# 2
EEOC...
2-25,..95 ;12:57PM
SENT BY';
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DETERMINED TO DE.AN Am,trNISTRATf
lItARKING Pc~E.O. 1:295S'<lS amended, Sec. 3.2,
"Z1.{D . 5 .
{)rv"\ S " Date:
Initials:
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Talking Points on H~R. 8.49", the HAg'a Discrimination in Employment
'AmendDient:s 0.£ 1995., n and B.R •., 344,
amend the ADEA.
to
()
H-.R. 849
H.R. 849 ~oul~GP,adtiYi!¥=amEfr@l, to December3J., '19.93,
the Age Discrimination in Employment Act to permit state and
local governments to use age as a basis for h~ring and. 'retiring'
law enforcement officers'arid'firefighters.
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In addition, Section 3 of H.R.'849 provides for'a Study and
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Guidelines for P~rformance Tests.See.Appendix 1 attacnea.for
the language of H.R. 049.
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Discu6sion
. This legislation has two basic components. First it makes:
Rerrn~n~F1't ~n exempt~on to the Age Act, for the hiring and
,
retirement 'of police officers and firefighters. Second, through
req~iringa g,.ud¥ and the issuance of guidelines for performance
t.ests ,it app~ar~. . .--:JS0 be, movj,ng,' toward 'requiring the Chairman of
the nsoc toaevelop: ~ II s.ale,p,arb,or" test, that police and fire
,,
departments·can use,which will protect,them from legal challenge.
While the legislation does ,not explicitly include such l'anguage,
taken together the prov.isi6nsofthe bill may be construed -- or'
intended -- to incorporate this requirement.·
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More specifically, the legislation does the following:
• it permanently enacts' a ~~Qvision PJi~x.mi.t.ti.ng the return to
mandatory hiring and retir:~ment ,ages"-f'or law ehforcement
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officers and firefighters that were i~ effect on March 3,
1983 and otherwise permits a mandatory retirement age of ~
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.' it, directs the Chi:lirman to. conduct a study within' 3 years'
of abilities tests available for public safety jobs and
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t.aRks, technical and admIhistrative standards that mtisL or
,should be met, and an evaluat.ioq cit the cost effectiveness,
safety, and compliance,of such tests 'With Federal civil
,l:l.ghts laws and regulattons..
'
' . theproposeq logisla~ion 'reqllin~s the Chairman, nOl:' later
,1:11ao' 4 years after enactment of'·this Act, t? cleve] op and.
issue aqvisory guidelines,' ba:scd on ,the results of the
required study; for' the' 'at,lltlinist.rat:ion of physical. ana""
mental fit.nefl~ tests t() measure the ability and competency
of public ~afety officials '~0':perform the requir~ments' of
their jobs.
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�CC ITT ECM,; # 3,
2-25;"95' ;12 : 57PM, ;
SEM;, BY'; ,
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DETERMl1\l£D TO BE AN ADM1N1STRATIVE '
as amended, Sec: 3.2 (c)
, ~mtlals:OmS
Date: ''1k1~ S . ,
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'~Q Per E.O. 12958
it within 2 years of passage of the Act, the Chairman
grop-oue advisory staQdards for wellnesspr6gramsfor
l~enforcementoffice:r:'s 'and firefighters'.
,',.,
, • fi:v:.£Lmillion dol1a'rs, is authorized to.cilrry ,oli.t these'
reqUlreitients. ' , " "
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The 1986 ADEA Amendments
This legislation is largely duplicative of 1986, ADEA
legislation (the pertinent p~ovisions of which are set, forth in
the attached Appendi"x 2).. The' 1986 ,ADEA. Amendments created a
temporary exemption permitting age-based hiring. and retirement'
decisions in 'public safety occupat'ions through December' 31, 1993,
(at which' date the exemption 'was automa,tically' revoked).l In
addition, Congress charged, th~:EEOC':and the, I?epartrnent 'o~ Labor
with conducting a stu~y·to determine whether'tests ~re available
that could replace the use ,of:, age' as a pr,edictor of job
performance. The' central research questions were: "
If one wanted to replace age with performance or capacity
tests, would it be possible'? Are there job-:related tests
that are practical, safe ,and cost effective? If BO can the
tests be fairly administered without, unduly compromising
personal safety, publiosaf~ty" or agency efficien~y?2
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In October 1992., this' stud}-l' :",:-conducted, by researchers from'
. Penn State 'University at a .cost of' some $1 million, ~.;.. ,was sent . by
the two agencies'to Congress. The Study Group concluded that f1)
age is a poor predictor of performance in public safety ,
oc;cupations, (2) practical t~sts are currently available that are
better. predictors '{with specific tests enumerated}, aild (3) the'
temporary exemption should bep~rmitted to' expire as Rcheduled.
Relation Between 'H.R. 849 and The Prior Study.
H.R. 849 rejects the basic con~]usion of the eariier study
that age iea poorpredicto):" of performance -- by m~king,
,
1. H.R. 849 is retroactive ,to the December 31, 1993
date :of the 1986 exemption.
1':~vocati6n
:z
Edwards,IL Mandatory Retirement:' Police, Fire ,Fighters
and Tenured Faculty, Public Administr.ation Review" Vol. ~3, No;, 4,
. 1993.' See Appendix 2 forsubstanc:e, of 1986 Amendmemt:::3.
"
Alternatives to Chronological A.ge in Determining ,Standards
Public SafeLy Jobs Volume 1: Technical Report,
C~Ilter
fOl'
appU ed Behavioral" Sciences, ,'Pennsy1v<ll1iaState
University" '(Universi,ty Park; PA:
.. lntercollp.giate :Research
Progr.an,!s, 2992), 459 pp. ,.
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of,
Sl~itabilityfor
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�CCITT ECM:# 4
EEOC.,.
gENT BY:
DETtRMrNthro BE A~ ADM'lN1STRATIVE
,. MARKrN.G P~r E.O. 12958 as am nde, Sec. 3.2 (e)
.Initi.als:
Date: 'g ~ IS .
Dms.
permanent an exemption similar to the one creatodin "1986.
Indeed, H.. R. 849 goes further than the prior legislation by
permitting the use of a mandatory retirement age eVen by state
and local·go'Vernments that had not implemented, age limitations
for public safety officers in prior years. If signed into law,
H. R • 849 would unde··:t'cu.t';.. . .yea-z::s:::::o£::.;.EE0e'_1-i:t-:-igat ion (pre -1987) in
which we routinely challe~ged the use or arbitrary age
limitations by police and fire departments ..l-'q.rther, the proposed
amendment to permit State and local governments to require the
retirement of firefighters and law enforcement officers as early .
. as age 55 is inconsistent with a substantial body of case law
which was developed previously under the ADEA that prohibited
mandatory retirement ot law enforcement office'rs and firefighters
on the basis of an arbitrary age cut'::'off·. Seete.g. ·EEOC v
Kentucky State Police Department, 860 F .2d 665 .(6th Cir·. 1988).
, cert ~ denied, 49 PEP Cases 1640. (1989); EEOC v .. Pennsylvania
State Police, 829 F.2d 392' (3rdCir. 1987}i EEOC v. Mississippi
~tateTa:x: Commission, 873 F. 2d 97 (5th Cir. 1.9'89·) (en bane,).
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Moreover, while H.R. 849's requirements regarding ~ts study
and guidelines are more,specific than the requirements in the
1986 legislation·,· many of the queat:ions were already asked and
, answered in the previous study. This include~ iden~ifying
particular tests on the market as well as standards that. these
tests should meet.·
It is important to note, 'however"1 that there was a dispute
'over'the meaning of the statutory requirements regarding the
prior study. Those favoring restoration of the exemption have
charged that EEOC was expected to develop ·,a . safe harbor test
under the 1.986 legislation, and that it ,failed to satisfy that
requirement. The.Commission, on the other hand,. never read,the
1986 .lawas requiring the development of asafe'harbor test.; It
is qui'te' possible that a fJimilar debate might arise .regarding the
rneaning·of·this'~egislation with proponents: arguing. even though
the language is murky; that the EEOC is required to' develop -_.
or, at' least I identify -'-a "safe harbor" test.
Technical and Legal Problems With H.R. 849'8 Study and Guide.line
Requirements
.
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The mandated new' study an~ advisory·guidelincs·appear to
require a precision in formul~ting approval criteria tor pUblic .
. safe.tyofficer te.sting that is legiiil1ly impractical. The EEOC has
never given a blanket endorsement of any specific test (and
indeed t.he EEOC lacks the expertioe ilnd resources. for formulating
or endorsing specific tests), but has instead ~dopted .the Uri{form
, Guidelines on Employee Selcqtion. Procedures, 2·9 C ..F..R. 1607
. (,1978) , ·which provides specific standards of validity that test:D
which result in adven::e impact should meet. While the Uniform
Guidelines do not directly apply to'age discriminatioll, the Age
Act regulations incorporate the Uniform Guidelines, StandardR .. '
,3
�CCITT ECM;# 5
EEOC:'"
'2-25-95; 12 :'59PM ,':
SENJ:' BY'~
~ETERM1NED TO,BEAN ADML\iJSTRATl~E
'
AR1<ING Pcr B.O, 12958 as
,",
,Initials' ,
!;dCjSec,' 3.2 (c)
• IJ Date:
(.I)Jf).. t! oS
l\ms ': . 8'
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C.F~R_§
l625.7(d}.
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Urider the unif9rm. Guidelines, the'validity of a test depends
,on the way in which that test is used in 'a "specific situation.
The provision of a blanket endorsement for a test by a federal'
, .. enforcement' agency is thus inconsistel1t with ,the principle that a
, 'test D validity can, only be properly judged in connection with
' '
the requirements of particul~.r jobs. In fact" .because tests' must
be validated against particular'jqbs, development or approval of
a given test ~ould necessarily "; .. and' inappropriately. -- put the
EEOC in the position of, making judgments regarding how local',
police' and firadepartments stI'ucture their jobs and assign
, responsibilit;ies _ • In addition', such endorsement would undercut
enforcement efforts when that test is used' improperly by a
particular' employer. Further, endorsement may provide ari unfa1r
,competitive advantage to 'the publisher of that test..
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H.R.'S49 al'so requires the Chairmap. of the EEOC to propose
advisory standards for,wellness programs, for law enforcement
officers and firefighters.' This is another: example of the
legislation requiring the Commission to actin,an'area totally
,
beyon~ its normal enforcement respone;ibility and for which it has'
no expertise~ba9kground or ~esources. '
. Finally,,, it ',..is importarit to ,note 't.hat 'the, legislation's.
mandates' go to, the ,Chairman· of 'the EEOC" rather ,than ,the" ,
,commission as a wl)ole. While,· this may be th~ result of .lessthan
precise drafting, it.may also, 'repre~ent an effort to ere,ate,
individual accoun,tability in the Chairman. Clearly, the, Chairman
has the authority,to conduct a study and propose guidelines.
However, requiring the Chairman to, lIissue" guidelines is likely
inconsistent with the Commission's statut,ory role in the
development of policy_
H.R. ,344
H.R.344 , introduced,on:JaIlU8ty 4, i995 by Representative'
Pickett, would make lawful any State or local'government hiring
or discnarge decision with regard t;o firefighters or law
enforcement' officers' where "such _indiv,idua~ has attained' the age
.of hiring or retirement in ,eff~ct ,under applicable SLa.te or local
law on Ma,reh 3, 19,83,11 and. is , "purs~ant, to ,R bonafide hiring or
retirement plan that is.-not a ,subter.fuge to 'evade the purposes of
the (ADEA]."
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, No study is referred to in, H. 1<; ,344 and, 'as io the case with
H.R. 81.9, the exemption appeilrs to be permanent.
Both legislative proposals are unwarrant.ed and unwise.
This proposed legislation, ignores the results of,' the scientific.
4
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CCITT ECM;# 6,
EEOC":',
:' SENT. BY':
DETERMTNEDTO BE AN ADMINISTRATIVE
, MARKING Per E.O. 12958 as amended, Sec. 3.2 (e)
Jnl~ials:
Dm':> ,Date:' 8/Z:Z;/t2 S ' "
,
study OIl, this subject ~ndI:\~oposes 'a p.errnanent...,..exemQtion....:.for...,.,..age'
dkscriminaS:ion in lnostpublic saft:ty. jobs . . ,
, First, such iegislationi~ i'~~~ ·~ith.thefundame'n~tal
prerni.se of .c-the ADEA-J:ha~t' age-is-a~j;:haint~:r:-ia.t"e=p;r;.ox~ for ' "
@§il}tP. second, the proposed legislation igno~es the result of"
foe scientific study on thc subject just completed at Congress"
di:t:ection and would. 'require the EEQC to revisit at very
substantia::L :public expense, many questions addressed int.he
earlier study. Third, a national test is' incompatible with the
, 'lc;mg,' established principle of job-spec.iflc test, validation" The
'concept of,a safe harbor test. brings with, it:: .the,not'ion that the
federal government shpuld instruct, all police and fire', "
departments across the nation on standardized performance
c;:riteria for their positions "" It is neither possible nor,'
appropriate for the federal government to assume such a role. ' . '
For these reasons, w~ recommend t~at theoe legislative proposals'
pe opposed.
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�st:NT
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EEOC'"
BY~
CCITT ECM:# 7
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offlc~rs and firefighters to perform the. r:equirements, of theil:-'
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CCITT ECM;# 8
EEOC....
2-25-35 ,; '1: oorM
SEN] BY'~
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DETERMINED TO BE AN ADMINISTRATIVE
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M~RKTNR,Per E.O. 12958 as amended,Sec. 3.2 (c) "
lIlltlaIs: ~rY] S'"
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Date:
''8/ZZ/0 5 ' '
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APPENDIX J,
H.R. 849 As irttroducedin the,House, February? .. 1995
104th CONGRESS,
'1st Session
,H.R. 849
To, amc:p.d the Age Discrimination in E~ployment A'ct of 1'967 ,to
reinstate an exemption' forcertiliri bona fide hiring and '
retirement plans applicable to State and local firefighters and
law enfo:rcement officers, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
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February 7', 1995,'
'Mr. 'Fawell (for himself, Mr" OwensiMr .. 'Goodling, Mr. Clay, Mr.
Ballinger, Mr; Petri"Mrs. Roukema, Mr.iloekstra, Mr. Sawyer, Mr.
Martinez, Mr. Kildee, ~r; Talent;' 'Mrs. Meyers of Kansas, Mr;
Knollenberg, Mr. ,Payne' or l'lewJersey, ~r. ,Weldon of Florida, . Mr.
Graham",Mr: GerieGreen pi Texas, Mr. McDermott, Mr. Engel, Ms.
Slaughter, Mr. Andrews, and"Ms. Eddie Bernice Johnson of,Texas)
intioduceq. the following 'bill;, which was referred to the
committee on economic and Educational Opportunities
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A BILL
'To amend the Age Disc'rim~nat'ion" in'Employment Act of, i967 tp
reinstate an exemption for ,certain bona' £ide hiring and
retirement plans applicable to ~tate and ,local firefighters and
, ,law enforcement o,fficerS I ,and for other purppses.
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.Be it enacted by ,the senate and Houf?e of Representatives of
,.the United State of America in Congress assembled,
SECTION 1. SIIORT ,TITI..F..
This Act, may 'be cited ,a's the IIAge Discrimination in
Ernpl<?yment Amendment:s of 1995.'1
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�SENT
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EEOC~
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MINED TO BE AN ADMtNrSTRN
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Date: ~/n~ S'--.:
SEC., :l: REINSTATEMENT OF EXEMPTION. \
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of:Repealer.~-Section 3(br of the Age
.Discrimin~tionin Employment Amendments of 198'6 (2q U.S.C.
(a)
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MARK1N~G
PerE'.O.12958 as am'
. Initials:
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ECM:#
Repeal
623
notei Public Law, 99-592) is repealed.
(b)
Exemption.--section 4(jr of the Age Discrimination in
"Employment Act of 1967 (29 U.S.C. 623,) t as in effect immediately
before December 31, 19.93-,
(1) is hereby reenacted as such, and,
(2) as. so reenacted is amended by striking "attained
agelll and all that follows through "1983, and II , and' inserting
the following:
,lIattainl?d-
"(A), the age of hiring and retirement in effect,
under applicable state, or local law.. on March 3, 1983;
or
, " (B)' if, such age was not in effect under
applicable state, or' local law on March 3, 1983, 55
years 'of age ; and
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SEC. 3. STUDY AND GUIDELINES FOR PERFORMANCE TESTS.
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(a) Study. - -Not later than 3 years after the date. of
enactment of this Act" the Chairman qf,the Equal Emp1o.yment
Opportunity Commission' (in this ,section referred to as , lithe
Chairman") shall conduct, directly or by contract, a study that
will fnclude-,",
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. ('1) a list and description of all teste available for'
the assessment of abilities important for completion of
public safety tasks performed by law enforcemeritofficers
and fir~fighters,.
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(2)' a 1 tst of, such publ'id safety tasks for which
adequate tests' do' not exist, ,d '
(3) 'a de'sc::t:ipLion of the, technical character.istics
that performance tests must meet to be compatible with
applicable Federal civil rights Actsa!,d '[)'olici P.,::i.
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a description of the alternative meLhods available
for 'determining minimally acceptable perfo,unance scanda.rds
on the tests" described in pa~agraph (1),
(4)
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DETERI\1INED TO BE AN ADMINISTRATIVE
MARKIN~ Per E.O. 1295, &~ amended, Sec. 32 (c
Initials: vMS, Date:
S/z.?jO S '
(5)
a description of the adt;ninistrative standards
should be met in the administratiol"l, ~<.:oring, and score
interpretation of the tests described in paragraph' (1), and
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(6)
an examination of the extent to which the tests
described in paragraph (1) are cO,st effective, safe, and
comply with Fe?eral civil ;rights Acts ~nd' regulations.
(b) Advisory,Guidelines.--Not later than'4 years after the
date of emilctment of this Act, the Chairman shall develop ,anq
issue, , based on the, resultso'f thes'tudy required by subsection
(a), advisory guidelines for the administration and use of
physical and mental fitness tests to measure the' abilit:.y and
competency of law enforcement officers and firefighters to
perform the requirements of their jobs ~ ,
consultation Requiret:nent; Opportunity for Public
comment.--(l) The Chairman shall, during the conduct of the study
required by subsection (al " consult with'
(e)
(A)
thc'United States' Fire Administration
(B),
the Federal Emergency Management Asrency
(C) organizations that represent law enforcement
; officers, ' firefighters,aIld theIr employers, and,
(D)
organ,izations that represent older individuals.
(2)
Before issuing the advisory guidelines required in
subsection (b), the Chairman shall allow for public comment on
the proposed guidelines.
(d) Development of 'Standards forWellness, Programs .;~ ~Not
than 2 years after the date of the enactmenL of this Act,
the Chairman shall propose advl,sory st,andards for wellness,
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,p!'ograms for law enforcement offi~ers and firefighters.
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(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out. this sect,iC?n ,$5,000 / 000.,
SEC. 4. EFFECTIVE DATES.
(::J)
General Effective. Date. --Except as ,pr.ovided 1'n
subsection (b), this, Act shall'takc effect on the date of "thc
enact.ment of this Act.
[b) Special Effective Date.--Scction 2(b) fl) shall
ef,f.ecton December 31, ~.993.
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~CITT
ECM:#l1
-1986 ADEA Amehdments pertinent to law enforcement office:r:.~ and
. firefighters'
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·SEC. 3 .. EMPLOYMENT AS FIREFIGHTERS OR LAW ENFORCEMENT OFFICER.
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(a) GENERAL ~ULE . .;. -S~ction 4 o~ the Age Discrimi'nation "in
Employment Act of 1967 (29 U.S.C. 623) is amel1ded by adding ?t
the end therp-o,f t.he following 'new .,subsection:
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II (j,)
It· shall not be, unlawful for' an employer which is',
a State, a political subdivision of a State, an agency or
instrumentality of a State or a political subdivision of.a
State,' or an interstate agency to fail' or, refuse to' hire or
to discharge anY.,individual because of such individual' s· age
it such action is taken-.,;."
with. respect to the employment of>an '
individual as, a: firefighter or asa l,aw 'enf<:>rcement
office' and the individual h~~ attained the age of
,
hiririgor retirement in effect under applicable State
or local 'law on 'March 3, 1983, and
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",(1)
11(2) pursuant to' a bona fide hiring retirement
. plan that is·not a'sub~erfu~e to evade the purposes of
,this Act. II •.
SEC. 4. DEFIN,ITIONS.
Secti.on.11 of the Age D,iscrimination in· Empioyment Act of
,1967 (29 U.S.C.,'630) is amended by'adding at the end thereof the'
following new subsections:
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The term' firefighter' ,means an employee, the
duties 'of whose POSiLioli, are .primarily to perf~rm work
directly connected with the control and extinguishment of
fires or the maintenance and use of firefighting apparatus
'arid equipment I incJ.uding an employee engaged in this'
activity who is:tran~terred to a supervisory or
admiriiotr<:ltive position.
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.. (j)
(k)" The term .] aw enforcement officer' means ,'an
.employee, the du:ti~s of whose positiO,n are primarily the
investigation, ap£:>rehension, 01." detention of j ndividualr;
~l11$pcctedor convicted of offenses against the criminal laws
of a State, . including an employee' engaged in this ~d:,ivity
who. is transferred to a Gupervisory'oradmin'istrat,ive
POSl.tiOIL For the, purposes 01 this subl:?ection, ",' detention I , .
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includGs the d-q,ties of employees assigne.ito guard"
individuals incarcerat.ed'in any penal "institution:. If
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SEC .. 5. STIJDY AND PROPOSED OqlDELINES RELATING TO POLICB OFFICERS
AND FIREFIGHTERS
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(a)
STUDY.--Not later than 4 years after the date of
enactment. of this Act~ the Secretary'of Labor and the Equal
Employment Opportuni tyCommission, .j ointly, shall-
(1), conduct a
study~-
(A)
to determine whether phYElicaland mental fitness
.tests are valid measurements of the ability. .iind.competency
'of 'police officers' and ,firefighters to perform the'
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requirements of their jobs,
(B)
if. such tests :'are found to be valid measurements
of such'ability and competency, to determine which
,part;cular
types o~ tests ~ost effect~velY,measure such,
ability and competency,; and , ' . '
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to ,':deveiC;;p recommendations with respect to
specific standards that,such tests, and the administration
of such te,sts should satisfy, ,"and
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(2)
submit a report to the Speaker of the' House of" ,
Representatives' and the President, pro tempore of the senate·
that includes-'
(A)
a description of th~ results of· such study,' and
(B) a "statement 6f the recommendat;tons' developed under
. .,paragl:'aph (1)( c)': . . , .' . : . . '
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(b) , CONSULTATION REQUIREME:NT. 7-The' Secretary' ()f Labor and
the Equal Employment 'Opportimity Commission shall. during the
conduct Of the study required under .subsection (a). and prior to
the development of recommendations under parCigrapp(l) (el,
consult. with, the United States Fire Administration, 'the Federal,
b::mergency M~riagemcnt Agency, , o:rganizations' representing law
enforcement officers, firefi'ght:ers, andthei:t' employers, and
or9arii~at'iDn representing older Amer~cari.s.
(.c)
I:>ROPOSBD GUIDELINES;,-:--Not l'atel:.' than: 5, years afte:r: the
dale of 'Lho fmactment of this ·Act. the. Equal Employmcmt
Opport.unity Commisf.lion, shall,propo~e, in accordance with
oubchapter II of chapter 50f ,title 5 of the United StatesCodc,
guidelines fur the administrat.i.onand~ use of physical a,rid melllal
fj Lness tests' \:0 mea,sure the abi,ll.ty, anu competency ot pollee
�WithdrawallRedaction Marker
Ciinton Library
DOCUMENT NO.
AND TYPE
003. report
DATE
SUBJECTrrITLE
ADA Training Manual- Legal (13 pages)
n.d.
RESTRICTION
b(2)
This marker identifies the original location of the withdrawn item listed above.
For a complete list of items withdrawn from this folder, see the
WithdrawallRedaction Sheet at the front of the folder.
COLLECTION:
Clinton Presidential Records
Domestic Policy Council
Stephen Warnath (Civil Rights)
OAlBox Number: 9591
FOLDER TITLE:
[Civil Rights Working Group]
ds54
RESTRICTION CODES
Presidential Records Act· [44 U.S.C. 2204(a)]
Freedom of Information Act • [5 U.S.C. 552(b)]
PI National Security Classified Information [(a)(l) ofthe PRA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
P3 Release would violate a Federal statute [(a)(3) of the PRA]
P4 Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
P5 Release would disclose confidential advise between the President
and his advisors, or between such advisors [a)(5) of the PRA]
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA]
b(l) National security classified information [(b)(l) of the FOIA]
b(2) Release would disclose internal personnel rules and practices of
an agency [(b)(2) of the FOIA]
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) of the FOIA]
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
b(7) Release would disclose Information compiled for law enforcement
purposes [(b)(7) of the FOIA]
b(8) Release would disclose information concerning the regulation of
financial institutioos [(b)(8) of the FOIA]
b(9) Release would disclose geological or geophysical information
eoncerning wells [(b)(9) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misnIe defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Stephen Warnath - Civil Rights Series
Creator
An entity primarily responsible for making the resource
Domestic Policy Council
Stephen Warnath
Civil Rights Series
Date
A point or period of time associated with an event in the lifecycle of the resource
1993-1997
Is Part Of
A related resource in which the described resource is physically or logically included.
<a href="http://clinton.presidentiallibraries.us/items/show/36406" target="_blank">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/641686" target="_blank">National Archives Catalog Description</a>
Description
An account of the resource
Stephen Warnath served as Senior Policy Analyst in the Domestic Policy Council. The Civil Rights Series includes material pertaining to the Civil Rights Working Group and topics such as affirmative action, English only, age discrimination, religious freedom, and voting rights. The records also include confirmation briefing materials for Department of Justice (DOJ) and Equal Employment Opportunity Commission (EEOC) nominees. The records include briefing papers, correspondence, schedules, testimony, reports, clippings, articles, legislative referral memoranda, and memos. The majority of the memos are internal between the Domestic Policy Council staff and the staff of the Equal Employment Opportunity Commission, and between the Domestic Policy Council staff and Congress.
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Publisher
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Clinton Presidential Library & Museum
Format
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Adobe Acrobat Document
Extent
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134 folders in 13 boxes
Text
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Paper
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
[Civil Rights Working Group]
Creator
An entity primarily responsible for making the resource
Domestic Policy Council
Steven Warnath
Civil Rights Series
Is Part Of
A related resource in which the described resource is physically or logically included.
Box 3
<a href="http://www.clintonlibrary.gov/assets/Documents/Finding-Aids/Systematic/Warnath-DPC-Civil-Rights.pdf" target="_blank">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/641686" target="_blank">National Archives Catalog Description</a>
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Publisher
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Clinton Presidential Library & Museum
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Reproduction-Reference
Date Created
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2/8/2012
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641686-civil-rights-working-group-a
641686