Page:ENDA Senate bill 2013.pdf/10

Rh or gender identity was a motivating factor for any employment practice, even though other factors also motivated the practice.


 * SEC. 5. RETALIATION PROHIBITED.

It shall be an unlawful employment practice for a covered entity to discriminate against an individual because such individual—


 * (1) opposed any practice made an unlawful employment practice by this Act; or


 * (2) made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act.


 * SEC. 6. EXEMPTION FOR RELIGIOUS ORGANIZATIONS.

(a) .—This Act shall not apply to a corporation, association, educational institution or institution of learning, or society that is exempt from the religious discrimination provisions of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) pursuant to section 702(a) or 703(e)(2) of such Act (42 U.S.C. 2000e–1(a), 2000e-2(e)(2)) (referred to in this section as a "religious employer").

(b) .—A religious employer's exemption under this section shall not result in any action by a Federal agency, or any State or local agency that receives Federal funding †S 815 ES