The Equal Opportunity Act of 1995

Equal Opportunity Act of 1995 (As Introduced in the House)
104th CONGRESS
1st Session
H. R. 2128

To prohibit discrimination and preferential treatment on the basis of race, color, national origin, or sex with respect to Federal employment, contracts, and programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 27, 1995

Mr. CANADY of Florida (for himself, Mr. HYDE, Ms. MOLINARI, Mrs. FOWLER, Mr. WICKER, Mr. SENSENBRENNER, Mr. HOKE, Mr. SMITH of Texas, Mr. GOODLATTE, Mr. MCCOLLUM, Mr. COBLE, Mr. HEINEMAN, Mr. BRYANT of Tennessee, Mr. BONO, Mr. BARR, Mr. ROHRABACHER, Mr. ISTOOK, Mr. HERGER, Mr. NORWOOD, Mr. CALLAHAN, Mr. CUNNINGHAM, Mr. CHAMBLISS, Mr. HUTCHINSON, Mr. JONES, Mr. KING, Mr. LIGHTFOOT, Mr. PACKARD, Mr. PAXON, Mr. ROBERTS, Mr. ROTH, Mr. STUMP, Mr. YOUNG of Alaska, Mr. BURTON of Indiana, Mr. DREIER, Mr. EMERSON, Mr. SCHAEFER, Mr. MILLER of Florida, Mr. GOSS, Mr. DOOLITTLE, Mr. MCINTOSH, Mr. COMBEST, Mr. MICA, Mr. SCARBOROUGH, Mr. SMITH of New Jersey, Mr. STOCKMAN, Mr. WALKER, Mr. WELDON of Florida, Mr. EVERETT, Mr. LEWIS of Kentucky, Mrs. VUCANOVICH, Mr. BILBRAY, Mr. SOLOMON, Mrs. SEASTRAND, Mr. BILIRAKIS, Mr. CHRISTENSEN, Mrs. CUBIN, Mr. HASTERT, Mr. LARGENT, Mr. BUNNING of Kentucky, Mr. CLINGER, Mr. KOLBE, Mr. HANCOCK, Mrs. ROUKEMA, Mr. HOSTETTLER, Mr. GRAHAM, Mr. RADANOVICH, Mr. OXLEY, Mr. HOEKSTRA, Mr. BARRETT of Nebraska, Mr. BASS, Mr. DORNAN, Mr. SALMON, and Mr. BALLENGER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Economic and Educational Opportunities, Government Reform and Oversight, and House Oversight, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To prohibit discrimination and preferential treatment on the basis of race, color, national origin, or sex with respect to Federal employment, contracts, and programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Equal Opportunity Act of 1995’.

SEC. 2. PROHIBITION AGAINST DISCRIMINATION AND PREFERENTIAL TREATMENT.

Notwithstanding any other provision of law, neither the Federal Government nor any officer, employee, or department or agency of the Federal Government–

(1) may intentionally discriminate against, or may grant a preference to, any individual or group based in whole or in part on race, color, national origin, or sex, in connection with–

(A) a Federal contract or subcontract;

(B) Federal employment; or

(C) any other federally conducted program or activity;

(2) may require or encourage any Federal contractor or subcontractor to intentionally discriminate against, or grant a preference to, any individual or group based in whole or in part on race, color, national origin, or sex; or

(3) may enter into a consent decree that requires, authorizes, or permits any activity prohibited by paragraph (1) or (2).

SEC. 3. RECRUITMENT AND ENCOURAGEMENT OF BIDS.

Nothing in this Act shall be construed to prohibit or limit any effort by the Federal Government or any officer, employee, or department or agency of the Federal Government—

(1) to recruit qualified women or qualified minorities into an applicant pool for Federal employment or to encourage businesses owned by women or by minorities to bid for Federal contracts or subcontracts, if such recruitment or encouragement does not involve using a numerical objective, or otherwise granting a preference, based in whole or in part on race, color, national origin, or sex, in selecting any individual or group for the relevant employment, contract or subcontract, benefit, opportunity, or program; or

(2) to require or encourage any Federal contractor or subcontractor to recruit qualified women or qualified minorities into an applicant pool for employment or to encourage businesses owned by women or by minorities to bid for Federal contracts or subcontracts, if such requirement or encouragement does not involve using a numerical objective, or otherwise granting a preference, based in whole or in part on race, color, national origin, or sex, in selecting any individual or group for the relevant employment, contract or subcontract, benefit, opportunity, or program.

SEC. 4. RULES OF CONSTRUCTION.

(a) HISTORICALLY BLACK COLLEGES AND UNIVERSITIES- Nothing in this Act shall be construed to prohibit or limit any act that is designed to benefit an institution that is a historically Black college or university on the basis that the institution is a historically Black college or university.

(b) INDIAN TRIBES- Nothing in this Act shall be construed to prohibit or limit any action taken–

(1) pursuant to a law enacted under the constitutional powers of Congress relating to the Indian tribes; or

(2) under a treaty between an Indian tribe and the United States.

(c) BONA FIDE OCCUPATIONAL QUALIFICATION, PRIVACY, AND NATIONAL SECURITY CONCERNS- Nothing in this Act shall be construed to prohibit or limit any classification based on sex if–

(1) sex is a bona fide occupational qualification reasonably necessary to the normal operation of the Federal Government entity or Federal contractor or subcontractor involved;

(2) the classification is designed to protect the privacy of individuals; or

(3)(A) the occupancy of the position for which the classification is made, or access to the premises in or on which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any Act or any Executive order of the President; or

(B) the classification is applied with respect to a member of the Armed Forces serving on active duty in a theatre of combat operations (as determined by the Secretary of Defense).

SEC. 5. COMPLIANCE REVIEW OF POLICIES AND REGULATIONS.

Not later than 1 year after the date of enactment of this Act, the head of each department or agency of the Federal Government, in consultation with the Attorney General, shall review all existing policies and regulations that such department or agency head is charged with administering, modify such policies and regulations to conform to the requirements of this Act, and report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the results of the review and any modifications to the policies and regulations.

SEC. 6. REMEDIES.

(a) IN GENERAL- In any action involving a violation of this Act, a court may award only injunctive or equitable relief (including but not limited to back pay), a reasonable attorney’s fee, and costs.

(b) CONSTRUCTION- Nothing in this section shall be construed to affect any remedy available under any other law.

SEC. 7. EFFECT ON PENDING MATTERS.

(a) PENDING CASES- This Act shall not affect any case pending on the date of enactment of this Act.

(b) PENDING CONTRACTS, SUBCONTRACTS, AND CONSENT DECREES- This Act shall not affect any contract, subcontract, or consent decree in effect on the date of enactment of this Act, including any option exercised under such contract or subcontract before or after such date of enactment.

SEC. 8. DEFINITIONS.

As used in this Act:

(1) FEDERAL GOVERNMENT- The term ‘Federal Government’ means the executive and legislative branches of the Government of the United States.

(2) GRANT A PREFERENCE- The term ‘grant a preference’ means use of any preferential treatment and includes but is not limited to any use of a quota, set-aside, numerical goal, timetable, or other numerical objective.

(3) HISTORICALLY BLACK COLLEGE OR UNIVERSITY- The term ‘historically Black college or university’ means a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).