; (B) has asserted any right, filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this subtitle; (C) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or (D) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this subtitle. (d) Construction Nothing in this subtitle is intended to preclude an employer or employment agency from considering an individual’s employment history, or from examining the reasons underlying an individual’s status as unemployed, in assessing an individual’s ability to perform a job or in otherwise making employment decisions about that individual. Such consideration or examination may include an assessment of whether an individual’s employment in a similar or related job for a period of time reasonably proximate to the consideration of such individual for employment is job-related or consistent with business necessity. 1275. Enforcement (a) Enforcement powers With respect to the administration and enforcement of this subtitle— (1) the Commission shall have the same powers as the Commission has to administer and enforce— (A) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.); or (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c), in the case of an affected individual who would be covered by such title, or by section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respectively; (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.) in the case of an affected individual who would be covered by such title