Core Provisions: ENDA would make it illegal for an employer to discriminate with respect to an individual’s actual or perceived sexual orientation. This discrimination would be prohibited in decisions regarding hiring, firing, compensation, and terms, conditions or privileges of employment. Employers also could not adversely limit, segregate or classify employees or applicants because of actual or perceived sexual orientation. The Act would apply to employers with 15 or more employees, but there is an exemption for religious employers. Because gender identity language was removed from H.R.3685 in order to facilitate its passage, Rep. Frank (D-MA) introduced H.R.3686 as a stand-alone bill prohibiting employment discrimination on the basis of an individual’s actual or perceived gender identity.

Status: H.R.3685 and H.R.3686 were introduced by Rep. Frank (D-MA) on September 27, 2007. H.R.3685 passed in the House on November 7, 2007 by a non-veto-proof tally of 235-184. The legislation was placed on the Senate Legislative Calendar on November 13, 2007. President Bush threatened to veto an earlier version of the bill, but a White House spokesman said the administration would need to review recent changes to ENDA before making a final decision on the fate of the Act. H.R.3686 was referred to the House Subcommittee on Health, Employment, Labor and Pensions on October 17, 2007.