Employment Non-Discrimination Act of 2007

Bill: 110-hr-3685
Sponsor: Rep. Frank, Barney [D-MA-4]
Introduced: 2007-09-27 in the House
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Civil actions and liability
Civil rights enforcement
Discrimination in employment
Government Operations and Politics
Government liability
Government paperwork
Government statistics
Homosexuality
Labor and Employment
Labor statistics
Labor unions
Law
Sexual orientation

Summary:
action_date: 2007-09-27
text: 
Employment Non-Discrimination Act of 2007 - Prohibits employment discrimination against an individual on the basis of actual or perceived sexual orientation by covered entities (employers, employment agencies, labor organizations, or joint labor-management committees). Prohibits preferential treatment or quotas. Allows only disparate treatment claims.
 
Prohibits related retaliation. 
 
Makes this Act inapplicable to: (1) religious organizations; and (2) the relationship between the United States and members of the armed forces. States 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.
 
 
Provides for the construction of this Act with regard to: (1) enforcement by employers of rules and policies; (2) sexual harassment; and (3) certain matters relating to marriage.
 
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.
 
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.
 
Allows actions and proceedings against state governments and, subject to limitation, the federal government.

action_date: 2007-10-22
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Employment Non-Discrimination Act of 2007 - (Sec. 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.
 
(Sec. 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. 
 
(Sec. 6) Makes this Act inapplicable to a religious organization, defined as: (1) a religious corporation, association, or society; or (2) an educational institution, if the institution wholly or substantially controlled, managed, owned, or supported by a particular religion, religious corporation, association, or society or if the institution's curriculum is directed toward the propagation of a particular religion.
 
(Sec. 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.
 
 
(Sec. 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.
 
 Includes, as an unlawful employment practice under this Act, an action that is conditioned, in a state in which a person cannot marry a person of the same sex, either on being married or being eligible to marry.
 
 Prohibits construing this Act to require a covered entity to treat a couple who are not married, including a same-sex couple who are not married, in the same manner as the covered entity treats a married couple for purposes of employee benefits.
 
(Sec. 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.
 
(Sec. 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.
 
(Sec. 11) Allows actions and proceedings against state governments and, subject to limitation, the federal government.
 
(Sec. 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.
 
(Sec. 13) Requires the posting of related notices by covered entities.
 
(Sec. 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.
 
(Sec. 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.

action_date: 2007-11-07
text: 
Employment Non-Discrimination Act of 2007 - (Sec. 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.
 
(Sec. 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. 

(Sec. 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.

(Sec. 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.

(Sec. 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 &quot;married&quot; and &quot;marry&quot; refer to a legal union between one man and one woman as husband and wife.

(Sec. 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.

(Sec. 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.

(Sec. 11) Allows actions and proceedings against state governments and, subject to limitation, the federal government.

(Sec. 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.
 
(Sec. 13) Requires the posting of related notices by covered entities.
 
(Sec. 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.

(Sec. 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.


Legislative actions:
action_date: 2007-11-13
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 479.
action_date: 2007-11-08
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2007-11-07
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2007-11-07
text: On passage Passed by the Yeas and Nays: 235 - 184 (Roll no. 1057).
action_date: 2007-11-07
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 235 - 184 (Roll no. 1057).
action_date: 2007-11-07
text: On motion to recommit with instructions Failed by the Yeas and Nays: 198 - 222 (Roll no. 1056).
action_date: 2007-11-07
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H13252)
action_date: 2007-11-07
text: DEBATE - The House proceeded with 10 minutes of debate on the Forbes motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end of section 8(c) that "nothing in this Act may be construed to modify, limit, restrict, or in any way overturn any State or Federal definition of marriage as between one man and one woman, including the use of this Act as a legal predicate in litigation on the issue of marriage."
action_date: 2007-11-07
text: Mr. Forbes moved to recommit with instructions to Education and Labor. (consideration: CR H13250-13252; text: CR H13250)
action_date: 2007-11-07
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H13241-13243)
action_date: 2007-11-07
text: The previous question was ordered pursuant to the rule. (consideration: CR H13250)
action_date: 2007-11-07
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3685.
action_date: 2007-11-07
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2007-11-07
text: DEBATE - Pursuant to the provisions of H.Res. 793, the Committee of the Whole proceeded with 10 minutes of debate on the Baldwin amendment.
action_date: 2007-11-07
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Souder amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. George Miller (CA) demanded a recorded vote and the Chair postponed further proceeding on the question of adoption of the amendment until later in the legislative day.
action_date: 2007-11-07
text: DEBATE - Pursuant to the provisions of H.Res. 793, the Committee of the Whole proceeded with 10 minutes of debate on the Souder amendment.
action_date: 2007-11-07
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the George Miller (CA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. George Miller (CA) demanded a recorded vote and the Chair postponed further proceeding on the question of adoption of the amendment until later in the legislative day.
action_date: 2007-11-07
text: DEBATE - Pursuant to the provisions of H.Res. 793, the Committee of the Whole proceeded with 20 minutes of debate on the George Miller (CA) amendment.
action_date: 2007-11-07
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3685.
action_date: 2007-11-07
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 793 and Rule XVIII.
action_date: 2007-11-07
text: The Speaker designated the Honorable Ellen O. Tauscher to act as Chairwoman of the Committee.
action_date: 2007-11-07
text: Rule provides for consideration of H.R. 3685 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
action_date: 2007-11-07
text: Considered under the provisions of rule H. Res. 793. (consideration: CR H13216-13253)
action_date: 2007-11-07
text: Rule H. Res. 793 passed House.
action_date: 2007-11-05
text: Rules Committee Resolution H. Res. 793 Reported to House. Rule provides for consideration of H.R. 3685 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
action_date: 2007-10-22
text: Placed on the Union Calendar, Calendar No. 257.
action_date: 2007-10-22
text: Committee on Judiciary discharged.
action_date: 2007-10-22
text: Committee on Judiciary discharged.
action_date: 2007-10-22
text: Committee on Oversight and Government discharged.
action_date: 2007-10-22
text: Committee on Oversight and Government discharged.
action_date: 2007-10-22
text: Committee on House Administration discharged.
action_date: 2007-10-22
text: Committee on House Administration discharged.
action_date: 2007-10-22
text: Reported by the Committee on Education and Labor. H. Rept. 110-406, Part I.
action_date: 2007-10-22
text: Reported by the Committee on Education and Labor. H. Rept. 110-406, Part I.
action_date: 2007-10-18
text: Ordered to be Reported by the Yeas and Nays: 27 - 21.
action_date: 2007-10-18
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-10-12
text: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
action_date: 2007-09-27
text: Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-09-27
text: Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-09-27
text: Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-09-27
text: Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-09-27
text: Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-09-27
text: Introduced in House
action_date: 2007-09-27
text: Introduced in House