by Chuck Rice

Today the House Committee on Education and Labor approved H.R. 3685, the revised version of the proposed Employment Non-Discrimination Act (ENDA) that would prohibit employment discrimination based on sexual orientation but that differs from the original version of ENDA introduced earlier this year (H.R. 2015) by dropping protections for gender identity, broadening the exemptions applicable to religious organizations, and omitting a requirement that employers respect state and local laws treating domestic partners and spouses equally for benefits purposes. Now that it has been released by the Committee, H.R. 3685 is expected to reach the floor of the House of Representatives as early as October 23.

Addressing the controversy engendered by the recent decision to split H.R. 2015 into separate bills with one addressing sexual orientation discrimination and the other addressing discrimination based on gender identity, Rep. Barney Frank, one of the primary sponsors of ENDA, disclosed on October 16 a strategy of introducing an amendment to add protections against gender-identity discrimination to H.R. 3685 on the House floor. Rep. Tammy Baldwin (D-WI) has made a similar announcement. Rep. Frank explained that it was necessary to split ENDA into separate bills in order to get a version of ENDA out of Committee. Although Rep. Frank’s strategy would give the full House the opportunity to consider ENDA with protection for both sexual orientation and gender identity, the Congressman previously expressed doubt as to whether a bill covering gender identity as well as sexual orientation would pass the House. If the House adopts any version of ENDA, the measure is not expected to reach the Senate floor before 2008. If Congress passes ENDA this year or next year, most observers believe that President Bush would veto the legislation.

In the video clip below (9:11), taken from an October 11, 2007 press conference, Rep. Frank addresses those who have criticized his decision to offer any version of the bill that does not include gender identity issues.

Additional Reading:

• Gender identity - Wikipedia, the free encyclopedia

• Transgender Resources for the Workplace (Human Rights Campaign Foundation)

• WATCH LIST: Employment Non-Discrimination Act (ENDA)