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Managing America: Civil Rights

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Week Ending November 9, 2007

H.R.3685 To prohibit employment discrimination on the basis of sexual orientation.

Congress enters the world of employment discrimination on the basis of sexual orientation through its powers under the 14^th and 1^st amendments to the Constitution and its responsibilities to regulate interstate commerce.

Sexual orientation in the bill refers to homosexuality, heterosexuality and bisexuality.

The bill would make it unlawful for an employer to rail or refuse to hire or discharge any individual or otherwise discriminate against any individual with respect to the compensation, terms, condition or privileges of employment because of the individual’s actual or perceived sexual orientation. It would also be unlawful to limit, segregate, or classify the employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment or otherwise adversely affect the status of the individual, as an employee, because of the individual’s actual or perceived sexual orientation. The prohibitions also apply to employment agencies, and labor organizations.

On the reverse, the bill makes clear that no quota or preferential treatment is required for any individual or any group because of actual or perceived sexual orientation due to an imbalance which may exist with respect to the total number of people employed or referred or classified by an agency or labor organization of one sexual orientation or the other.

The bill also makes clear that claims of discrimination must be based only on disparate treatment such that the person claiming discrimination believes her or she is treated differently than those in another sexual orientation class or group.

As is the case with discrimination law regarding other protected classes, the bill prohibits retaliation by the employer because an individual opposed employment practices thought to be discriminatory or made charges against those practices or participated in any manner in an investigation, proceeding or hearing resulting in the charges.

The law that the bill proposes would not apply to religious organizations, volunteers who work for no compensation and members of the Armed Forces. The bill would not repeal or modify and Federal, State, territorial or local law creating a special right or preference concerning employment of a veteran. An employer is not required to treat a couple who are not married, including a same-sex couple who are not married, in the same manner as a married couple is treated in regards to employee benefits.

Enforcement of the law would come from title VII of the Civil Rights Act of 1964 and the Government Employee Rights Act of 1991. Remedies to successful complaints generally range to what is necessary to “make the complainant whole” and can include back pay or other financial compensation or, in some cases promotion where appropriate and the complainant is qualified. The prevailing party can receive attorney fees unless they are the EEOC or the United States.

The bill extends, under current law, to States who receive Federal financial assistance must comply with Title VII and similar Federal regulations on the matter

Sponsor:  Rep. Barney Frank (D- MA-4^th)

Vote: Passed the House 235 to 184 November 7, 2007 RC 1057. The motion to recommit failed 198 to 222 RC 1056.

Cost to the taxpayers:

Earmark Certification:  

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MORE INFORMATION

Purpose of the Act

Amendments

The purposes of this Act are--

(1) to provide a comprehensive Federal prohibition of employment discrimination on the basis of sexual orientation;

(2) to provide meaningful and effective remedies for employment discrimination on the basis of sexual orientation; and

(3) to invoke congressional powers, including the powers to enforce the 14th amendment to the Constitution, and to regulate interstate commerce and provide for the general welfare pursuant to section 8 of article I of the Constitution, in order to prohibit employment discrimination on the basis of sexual orientation.

Amendments

The amendment was agreed to 325 to 101 RC 1055

The amendment was agreed to 402 to 25 RC 1054

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No reproduction, language translation or distribution without written permission from TheWeekInCongress.com.(TM)