Page:ENDA Senate bill 2013.pdf/6

Rh :(11) .—The term "State" has the meaning given the term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).

(b) .—For purposes of this section, a reference in section 701 of the Civil Rights Act of 1964—


 * (1) to an employee or an employer shall be considered to refer to an employee (as defined in subsection (a)(4)) or an employer (as defined in subsection (a)(5)), respectively, except as provided in paragraph (2) of this subsection; and


 * (2) to an employer in subsection (f) of that section shall be considered to refer to an employer (as defined in subsection (a)(5)(A)).


 * SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED.

(a) .—It shall be an unlawful employment practice for an employer—


 * (1) to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual's actual or perceived sexual orientation or gender identity; or


 * (2) to limit, segregate, or classify the employees or applicants for employment of the employer in any

†S 815 ES