Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Employment Non-Dis-
crimination Act of 2007’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to provide a comprehensive Federal prohibi-
tion of employment discrimination on the basis of 
sexual orientation; 
(2) to provide meaningful and effective rem-
edies for employment discrimination on the basis of 
sexual orientation; and 
(3) to invoke congressional powers, including 
the powers to enforce the 14th amendment to the 
Constitution, and to regulate interstate commerce 
and provide for the general welfare pursuant to sec-
tion 8 of article I of the Constitution, in order to 
prohibit employment discrimination on the basis of 
sexual orientation. 
SEC. 3. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Equal Employment Opportunity Commis-
sion. 
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(2) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means an employer, employment agency, labor 
organization, or joint labor-management committee. 
(3) EMPLOYEE.— 
(A) IN
GENERAL.—the term ‘‘employee’’ 
means— 
(i) an employee as defined in section 
701(f) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(f); 
(ii) a Presidential appointee or State 
employee to which section 302(a)(1) of the 
Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16(a)(1) applies; 
(iii) a covered employee, as defined in 
section 101 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301) or sec-
tion 411(c) of title 3, United States Code; 
or 
(iv) an employee or applicant to which 
section 717(a) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–16(a)) applies. 
(B) EXCEPTION.—The provisions of this 
Act that apply to an employee or individual 
shall not apply to a volunteer who receives no 
compensation. 
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(4) 
EMPLOYER.—The 
term 
‘‘employer’’ 
means— 
(A) a person engaged in an industry affect-
ing commerce (as defined in section (701)(h) of 
the Civil Rights Act of 1964 (42 U.S.C. 
2000e(h)) who has 15 or more employees (as 
defined in subparagraphs (A)(i) and (B) of 
paragraph (3)) for each working day in each of 
20 or more calendar weeks in the current or 
preceding calendar year, and any agent of such 
a person, but does not include a bona fide pri-
vate membership club (other than a labor orga-
nization) that is exempt from taxation under 
section 501(c) of the Internal Revenue Code of 
1986; 
(B) an employing authority to which sec-
tion 302(a)(1) of the Government Employee 
Rights Act of 1991 applies; 
(C) an employing office, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 or section 411(c) of title 3, United 
States Code; or 
(D) an entity to which section 717(a) of 
the Civil Rights Act of 1964 applies. 
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(5) EMPLOYMENT
AGENCY.—The term ‘‘em-
ployment agency’’ has the meaning given the term in 
section 701(c) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(c)). 
(6) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given the term in 
section 701(d) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(d)). 
(7) PERSON.—The term ‘‘person’’ has the 
meaning given the term in section 701(a) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). 
(8) RELIGIOUS ORGANIZATION.—The term ‘‘re-
ligious organization’’ means— 
(A) a religious corporation, association, or 
society; or 
(B) a school, college, university, or other 
educational institution or institution of learn-
ing, if— 
(i) the institution is in whole or sub-
stantial part controlled, managed, owned, 
or supported by a particular religion, reli-
gious corporation, association, or society; 
or 
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(ii) the curriculum of the institution is 
directed toward the propagation of a par-
ticular religion. 
(9) SEXUAL ORIENTATION.—The term ‘‘sexual 
orientation’’ means homosexuality, heterosexuality, 
or bisexuality. 
(10) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 701(i) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e(i)). 
(b) APPLICATION OF DEFINITIONS.—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 con-
sidered to refer to an employee (as defined in para-
graph (3)) or an employer (as defined in paragraph 
(4)), respectively, except as provided in paragraph 
(2) below; and 
(2) to an employer in subsection (f) of that sec-
tion shall be considered to refer to an employer (as 
defined in paragraph (4)(A)). 
SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED. 
(a) EMPLOYER PRACTICES.—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 in-
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dividual with respect to the compensation, terms, 
conditions, or privileges of employment of the indi-
vidual, because of such individual’s actual or per-
ceived sexual orientation; or 
(2) to limit, segregate, or classify the employees 
or applicants for employment of the employer in any 
way that would deprive or tend to deprive any indi-
vidual of employment or otherwise adversely affect 
the status of the individual as an employee, because 
of such individual’s actual or perceived sexual ori-
entation. 
(b) EMPLOYMENT AGENCY PRACTICES.—It shall be 
an unlawful employment practice for an employment agen-
cy to fail or refuse to refer for employment, or otherwise 
to discriminate against, any individual because of the ac-
tual or perceived sexual orientation of the individual or 
to classify or refer for employment any individual on the 
basis of the actual or perceived sexual orientation of the 
individual. 
(c) LABOR ORGANIZATION PRACTICES.—It shall be 
an unlawful employment practice for a labor organiza-
tion— 
(1) to exclude or to expel from its membership, 
or otherwise to discriminate against, any individual 
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