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S. 1281 (113th): Veterans and Servicemembers Employment Rights and Housing Act of 2013

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jul 11, 2013.


Veterans and Servicemembers Employment Rights and Housing Act of 2013 - Prohibits employment practices that discriminate based on an individual's military service and amends the Fair Housing Act and the Civil Rights Act of 1968 to prohibit housing discrimination against members of the uniformed services.

Declares that it shall be an unlawful employment practice for an employer to fail to hire, to discharge, or to otherwise discriminate against individuals because of their military service. Prohibits employers, employment agencies, labor organizations, and job training programs from engaging in specified practices that adversely affect an applicant or employee because of such service.

Exempts certain hiring and employment practices from being considered unlawful if the occupancy of the position is subject to national security requirements that an individual does not fulfill.

Permits an employer to apply different standards of compensation or terms of employement pursuant to a bona fide seniority or merit system, a system which measures earnings by quantity or quality of production or to employees who work in different locations, or a professionally developed ability test.

Declares that an unlawful employment practice based on disparate impact is established only if: (1) the complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of military service and the respondent fails to demonstrate that the challenged practice is job-related and consistent with business necessity, or (2) the complaining party makes a demonstration with respect to an alternative employment practice and the respondent refuses to adopt such practice.

Prohibits business necessity from being used as a defense against a claim of intentional discrimination.

Declares that an unlawful employment practice is established when the complaining party demonstrates that military service was a motivating factor for any employment practice, even though other factors also motivated such practice.

Grants enforcement powers, remedies, and procedures under the Civil Rights Act of 1964 to the Equal Employment Opportunity Commission (EEOC), Attorney General (DOJ), and persons alleging such discrimination. Amends the Fair Housing Act to prohibit housing discrimination against a member of the uniformed services with respect to: (1) the sale or rental of housing, (2) residential real estate-related transactions, and (3) the provision of brokerage services.

Prohibits religious organizations engaging in housing transactions from giving preferences to persons of the same religion in cases where membership in such religion is restricted to persons who are not members of the uniformed services.

Amends the Civil Rights Act of 1968 to impose a fine, imprisonment, or both on persons who violate prohibitions on housing discrimination under such Act against members of the uniformed services.