H.R. 3685 (110th): Employment Non-Discrimination Act of 2007

Introduced:
Sep 27, 2007 (110th Congress, 2007–2009)
Sponsor:
Rep. Barney Frank [D-MA4]
Status:
Died (Passed House)
See Instead:
This bill was re-introduced as H.R. 2981 (111th) on Jun 19, 2009.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and was passed by the House on November 7, 2007 but was never passed by the Senate.

Progress
Introduced Sep 27, 2007
Reported by Committee Oct 18, 2007
Passed House Nov 07, 2007
Votes

On Agreeing to the Amendment: Amendment 1 to H R 3685
Nov 07, 2007 5:35 p.m.
Agreed to 402/25

On Agreeing to the Amendment: Amendment 2 to H R 3685
Nov 07, 2007 5:44 p.m.
Agreed to 325/101

On Motion to Recommit with Instructions: H R 3685 Employment Non-Discrimination Act (ENDA)
Nov 07, 2007 6:16 p.m.
Failed 198/222

House Vote on Passage
Nov 07, 2007 6:23 p.m.
Passed 235/184

Cosponsors
9 cosponsors (7D, 2R) (show)
Committees

House Education and the Workforce

House House Administration

House Oversight and Government Reform

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

To prohibit employment discrimination on the basis of sexual orientation.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Nov 13, 2007.
20 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

11/7/2007.
Section 4 -
Makes it an unlawful employment practice for covered entities (employers, employment agencies, labor organizations, or joint labor-management committees) to discriminate against an individual on the basis of actual or perceived sexual orientation, including actions based on the actual or perceived sexual orientation of a person with whom the individual associates or has associated. Prohibits preferential treatment or quotas. Allows only disparate treatment claims.
Section 5 -
Makes it an unlawful employment practice to discriminate against an individual because the individual opposed any practice made an unlawful employment practice by this Act or made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act.
Section 6 -
Makes this Act inapplicable to a corporation, association, educational institution, or society that is exempt from religious discrimination provisions under the Civil Rights Act of 1964.
Section 7 -
Makes this Act inapplicable to the relationship between the United States and members of the Armed Forces, including the Coast Guard. Declares that this Act does not repeal or modify any federal, state, territorial, or local law creating a special right or preference concerning employment for a veteran.
Section 8 -
Prohibits construing this Act to prohibit a covered entity from enforcing rules and policies that do not intentionally circumvent this Act's purposes if the rules or policies are designed for, and uniformly applied to, all individuals regardless of actual or perceived sexual orientation.
Prohibits construing this Act to limit a covered entity from taking adverse action against an individual because of a charge of sexual harassment against that individual, provided that sexual harassment rules and policies are designed for, and uniformly applied to, all individuals regardless of actual or perceived sexual orientation.
Prohibits construing this Act to require a covered entity to treat a couple who are not married in the same manner as the covered entity treats a married couple for purposes of employee benefits.
Declares that, in this Act, the terms "married" and "marry" refer to a legal union between one man and one woman as husband and wife.
Section 9 -
Prohibits the Equal Employment Opportunity Commission (EEOC) from collecting statistics from covered entities on actual or perceived sexual orientation or compelling the collection by covered entities of such statistics.
Section 10 -
Provides for enforcement, including giving the EEOC, the Librarian of Congress, the Attorney General, and U.S. courts the same enforcement powers as they have under specified provisions of the Civil Rights Act of 1964, the Government Employee Rights Act of 1991, and other specified laws.
Section 11 -
Allows actions and proceedings against state governments and, subject to limitation, the federal government.
Section 12 -
Allows, in some circumstances, the awarding to the prevailing party of a reasonable attorney's fee as part of the costs. Makes the EEOC and the United States liable for the costs to the same extent as a private person.
Section 13 -
Requires the posting of related notices by covered entities.
Section 14 -
Grants authority to issue regulations to the EEOC, the Librarian of Congress, the Board of Directors of the Office of Compliance in accordance with provisions of the Congressional Accountability Act of 1995, and the President.
Section 15 -
Declares that this Act does not invalidate or limit the rights, remedies, or procedures available under any other federal law or regulation or any law or regulation of a state or political subdivision of a state.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 3 U.S.C. Chapter 5