S.1584 - Employment Non-Discrimination Act of 2009
A bill to prohibit employment discrimination on the basis of sexual orientation or gender identity. view all titles (2)
Official Summary
8/5/2009—Introduced.Employment Non-Discrimination Act of 2009 - 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 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.
http://www.opencongress.org/bill/111-s1584/show
Background:
ENDA will make it illegal for employers to refuse to hire an employee based on that person’s “sexual orientation” or “gender identity.” This would mean that a business or organization with more than 15 employees would be barred by federal law from refusing to hire a person because of the person’s sexual orientation or how they identify their gender “with or without regard to the individual’s designated sex at birth.” This opens up the opportunity for anyone to file a lawsuit against a business or organization they claim did not hire them based on their “sexual orientation” or “gender identity.”
Although H.R. 3017 includes an exemption for religious organizations, this religious exemption could lead to courts making a determination if a certain employee was hired to perform work of a religious nature, or if the business or organization is even religious in nature. Additionally, this religious exemption would not apply to a secular company, even if owned and operated by people of faith who believe that homosexuality is a sin. H.R. 3017 will require people of faith to check their religious practices at the door of their workplace.
http://www.hslda.org/Legislation/National/2009/H.R.3017/default.asp?PrinterFriendly=True