The House Rules  Committe,  by a vote of 9 to 3,  passed a structured rule providing debate on the Employment Non-Discrimination Act of 2007 (ENDA).  The Committee sent the following Notice to House members:

FOR MEMBERS’ IMMEDIATE ATTENTION

November 5, 2007

Dear Colleague:

The House Rules Committee met today and reported a structured rule providing for consideration of H.R. 3685, the Employment Non-Discrimination Act of 2007. It is anticipated that the rule and the bill will be on the House floor later this week. The rule will be managed by Representative Castor.

The rule provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Education and Labor.

The rule waives all points of order against consideration of the bill except clauses 9 and 10 of rule XXI. The rule makes in order the following amendments which are printed in the Rules Committee report.

1. Miller, George (CA): The amendment 1) provides explicitly that any religious corporation, school, association or society that is exempt under either Section 702(a) or 703(e)(2) of Title VII’s religious exemptions is exempt under ENDA. It clarifies that the scope of Title VII’s exemption is exactly the scope of ENDA’s exemption (if a school is exempt from Title VII’s religious discrimination prohibitions, it will also be exempt from ENDA); and 2) it clarifies that ENDA does not alter the Defense of Marriage Act (DOMA) in any way. It strikes language referencing “a same-sex couple who are not married” in the Employee Benefits section of ENDA. It also inserts language clarifying that the term “married” has the meaning given such term in DOMA, directly incorporating DOMA’s definition of marriage. (20 minutes)

2. Souder (IN): The amendment would strike paragraph (3) of section 8(a), which prohibits employers from conditioning employment on a person being married or being eligible to be married. (10 minutes)

3. Baldwin (WI): The amendment would expand ENDA's protections to persons discriminated against based on 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. The amendment includes language concerning shared facilities, dress, and grooming standards, as well as a paragraph stating that the construction of additional facilities are not required. (10 minutes)

The rule also provides one motion to recommit with or without instructions.

Additional reading:

• ENDA: What to expect this week

• WATCH LIST: Employment Non-Discrimination Act of 2007