H.R.3685 - Employment Non-Discrimination Act of 2007110th Congress (2007-2008)
Summary: H.R.3685 — 110th Congress (2007-2008)
Passed House amended (11/07/2007)
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 "married" and "marry" 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.