Number: RS22740
Title: Sexual Orientation Discrimination in Employment: Analysis of H.R. 3685, the Employment Non-Discrimination Act of 2007
Authors: Edward Chan-Young Liu, American Law Division 
Abstract: H.R. 3685, passed by the House on November 7, 2007, would prohibit certain adverse employment actions taken against an individual because of that individual's actual or perceived sexual orientation. Referred to as the Employment Non- Discrimination Act of 2007 (ENDA), the bill also explicitly prohibits employment discrimination against an individual based upon the sexual orientation of persons associated with that individual, but does not permit disparate impact claims of sexual orientation discrimination. A substantial minority of states have enacted their own prohibitions against sexual orientation employment discrimination. Some instances of sexual orientation employment discrimination may also be prohibited by existing protections under Title VII of the Civil Rights Act of 1964, despite the fact that Title VII's definition of sex does not encompass sexual orientation. H.R. 3685 would also appear to exempt religious organizations as defined under Title VII.
Pages: 6
Date: November 8, 2007