Equal Rights Bill of 2007

[Sam Spade]

Equal Rights Bill of 2007

Section 1: Removal of Discrimination in Blood Donation
1. The federal ban on any male who has engaged in sexual intercourse with another male donating blood is hereby removed.
2. No person shall be barred from donating blood on the basis of their sexual orientation.

Section 2: Equal Rights on the Basis of Sexual Orientation
1. The Civil Rights Act of 1964, Civil Rights Act of 1968, and the Civil Rights Act of 1991 shall be amended to include sexual orientation among the list of qualities that discrimination is illegal for.
2. All of the following forms of discrimination, on the basis of sexual orientation, will be illegal:
a. Discrimination on the basis of sexual orientation in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce;
b. Refusal to sell or rent a dwelling to any person;
c. Discrimination against a person in the terms, conditions or privilege of the sale or rental of a dwelling;
d. Advertising the sale or rental of a dwelling indicating preference of discrimination on the basis of sexual orientation;
e. Coercing, threatening, intimidating, or interfering with a person's enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise or enjoyment of fair housing rights.
3. It shall be illegal for any Regional, State, or Local government to deny access to public facilities to any person on the basis of sexual orientation.
4. "Sexual orientation" shall not be construed as to include sexual offenders and/or predators of children.

Section 3: Racial Profiling
1. No branch of law enforcement shall be permitted to use the practice of racial profiling in attempting to catch or determine suspects.
2. "Racial profiling" is defined as the use of selecting someone for targeting solely on the basis of their skin color, race, language, or nationality being perceived as more likely to commit a crime than someone of a different skin color, race, language, or nationality.

Section 4: Lilly Ledbetter Fair Pay Law
Subsection 1: Discrimination in Compensation Because of Race, Color, Religion, Sex, National Origin, or Sexual Orientation
1. Section 706(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(e)) is amended by adding at the end the following:
"(3)(A) For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.
(B) In addition to any relief authorized by section 1977a of the Revised Statutes (42 U.S.C. 1981a), liability may accrue and an aggrieved person may obtain relief as provided in subsection (g)(1), including recovery of back pay for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to unlawful employment practices with regard to discrimination in compensation that occurred outside the time for filing a charge."
Subsection 2: Discrimination in Compensation Because of Age
1. Section 7(d) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(d)) is amended--
a.) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
b.) by striking `(d)' and inserting `(d)(1)';
c.) in the third sentence, by striking `Upon' and inserting the following: "(2) Upon";
d.) by adding at the end the following:
"(3) For purposes of this section, an unlawful practice occurs, with respect to discrimination in compensation in violation of this Act, when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to a discriminatory compensation decision or other practice, or when a person is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice."
Subsection 3: Application to Other Laws
1. Americans With Disabilities Act of 1990: The amendment made by section 3 shall apply to claims of discrimination in compensation brought under title I and section 503 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203), pursuant to section 107(a) of such Act (42 U.S.C. 12117(a)), which adopts the powers, remedies, and procedures set forth in section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5).
2. Rehabilitation Act of 1973: The amendments made by section 3 shall apply to claims of discrimination in compensation brought under sections 501 and 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 794), pursuant a.) sections 501(g) and 504(d) of such Act (29 U.S.C. 791(g), 794(d)), respectively, which adopt the standards applied under title I of the Americans with Disabilities Act of 1990 for determining whether a violation has occurred in a complaint alleging employment discrimination; and
b.) paragraphs (1) and (2) of section 505(a) of such Act (29 U.S.C. 794a(a)) (as amended by subsection (c)).
3. Conforming Amendments:
a.) REHABILITATION ACT OF 1973- Section 505(a) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)) is amended--
         (A) in paragraph (1), by inserting after `(42 U.S.C. 2000e-5 (f) through (k))' the following: `(and the application of section 706(e)(3) (42 U.S.C. 2000e-5(e)(3)) to claims of discrimination in compensation)'; and
         (B) in paragraph (2), by inserting after `1964' the following: `(42 U.S.C. 2000d et seq.) (and in subsections (e)(3) of section 706 of such Act (42 U.S.C. 2000e-5), applied to claims of discrimination in compensation)'.
b.) CIVIL RIGHTS ACT OF 1964- Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at the end the following: "(f) Section 706(e)(3) shall apply to complaints of discrimination in compensation under this section."
c.) AGE DISCRIMINATION ACT OF 1967- Section 15(f) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(f)) is amended by striking "of section" and inserting "of sections 7(d)(3) and."
Subsection 4: Miscellany
1. With regard to any charges of discrimination under any law, nothing in this Act is intended to preclude or limit an aggrieved person's right to introduce evidence of unlawful employment practices that have occurred outside the time for filing a charge of discrimination.
2. This Act is not intended to change current law treatment of when pension distributions are considered paid.

Section 5: Atlasians Without a Religious Preference
1. All laws, including the Civil Rights Act of 1964, Civil Rights Act of 1968, and the Civil Rights Act of 1991, prohibiting discrimination on the basis of religion shall be henceforth interpreted to also prohibit discrimination on the basis of a lack of any religion or religious views.

[Sam Spade]

I motion to strike Section 3 and Section 4 of this legislation, Justice Ginsburg.

[Sam Spade]

Cause I don't like black people.  Don't you know that already.    Oh, whoops.

Truthfully, the section has little to do with racial profiling as it has to do with federal government involvement in how local police do their dirty work, which quite frankly always involves a certain amount of racial profiling. 

However, there is a major flaw in the section, even if it isn't repealed, which you've missed and I choose not to point it out (for this reason).

[Sam Spade]

Uh, each amendment should have been introduced separately.

Anyway, Aye on both.  I doubt this court would have held the way the USSC did in Ledbetter anyway, but it was the correct decision and right policy (though I may be willing to extend the time limits somewhat).

[Sam Spade]

Nay

[Sam Spade]

Nay