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Washington Labor & Employment Wire » Employment Non-Discrimination Act of 2009 (H.R. 2981)

Employment Non-Discrimination Act of 2009 (H.R. 2981)

Core Provisions: The Employment Non-Discrimination Act (ENDA) would make it illegal for an employer to discriminate with respect to an individual’s actual or perceived sexual orientation or gender identity. 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 or gender identity. The Act would apply to employers with 15 or more employees, but there is an exemption for religious employers.

Rep. Frank (D-MA) introduced similar legislation in the 110th Congress, but the gender identity language was removed to facilitate passage. That bill passed the House on November 7, 2007 by a vote of 235-184, but did not make it out of the Senate. As a result of the removal of the gender identity language, Rep. Frank introduced a stand-alone bill prohibiting employment discrimination on the basis of an individual’s actual or perceived gender identity, but that bill did not make it out of committee.

Status: H.R.2981 was introduced by Rep. Frank (D-MA) on June 19, 2009 and referred to the committees on Education and Labor; Administration; Oversight and Government Reform; and Judiciary.