by Chuck Rice

As originally introduced in the House of Representatives on April 24, 2007, the proposed Employment Non-Discrimination Act (ENDA) (H.R. 2015) would have prohibited covered employers, unions, employment agencies, and joint labor-management committees from discriminating on the basis of sexual orientation (defined as homosexuality, heterosexuality or bisexuality) or gender identity (defined as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth). Expressing concerns that the inclusion of discrimination based on gender identity would likely prevent the bill from being enacted, one of ENDA’s co-sponsors, Rep. Barney Frank (D-Mass.), introduced a new version of ENDA (H.R. 3685) on September 26, 2007 that would prohibit employment-related discrimination only with respect to sexual orientation. At the same time, he introduced a separate bill (H.R. 3686) that would prohibit employment-related discrimination based on gender identity.

Although the new version of ENDA was promptly scheduled for mark-up in the House Committee on Education and Labor on October 2, 2007, House leadership postponed that action until further consideration could be given to the omission of gender identity from the bill. The postponement came after members of Congress received a letter endorsed by approximately ninety human rights organizations and other entities opposed to the bifurcation of ENDA into separate bills. Groups signing the letter included the Human Rights Campaign, the American Civil Liberties Union, and the National Gay and Lesbian Taskforce. In response to the controversy, House Speaker Nancy Pelosi (D-Cal.) and other House leaders issued a statement on October 1 announcing that committee mark-up of the revised version of ENDA (H.R. 3685) would occur later in October after further discussions concerning the scope of the bill. The full House could then vote on the measure.

• WATCH LIST: Employment Non-Discrimination Act of 2007