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H.R. 1397 · 112th Congress

Employment Non-Discrimination Act

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IntroducedPassed one chamberPassed both chambersBecame law (gold)Resolution agreed to (full, dark)Failed or vetoed (gray)

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Never voted on. It didn't reach a floor vote before the 112th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

BFD FrankSponsor
171 cosponsors · 166 D, 5 R
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111 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

Employment Non-Discrimination Act - Prohibits employment discrimination on the basis of actual or perceived sexual orientation or gender identity by covered entities (employers, employment agencies, labor organizations, or joint labor-management committees). Prohibits preferential treatment or quotas. Allows only disparate treatment claims.

What it does: CRS summary · Introduced in House · Apr 6, 2011

Employment Non-Discrimination Act - Prohibits employment discrimination on the basis of actual or perceived sexual orientation or gender identity 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. 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.

Provides for the construction of this Act regarding: (1) enforcement by employers of rules and policies, (2) sexual harassment, (3) certain shared facilities such as showers or dressing facilities, (4) construction of new or additional facilities, (5) dress and grooming standards, and (6) provision of employee benefits to married vs. unmarried couples. Declares that, in this Act, "married" refers to marriage as that term is defined in the Defense of Marriage Act (a legal union between one man and one woman).

Prohibits the Equal Employment Opportunity Commission (EEOC) from collecting statistics from covered entities on actual or perceived sexual orientation or gender identity 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, subject to exception, against the United States and the states.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Employment Non-Discrimination Act

Latest action (Jul 11, 2011): Referred to the Subcommittee on the Constitution.

Policy area: Labor and Employment · Origin: House · Introduced: Apr 6, 2011

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.