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Proposing an expansion of anti-discrimination laws in the workplace

From the House Education and Labor Committee, an announcement of a hearing at 10 a.m. Wednesday, "H.R. 3017, Employment Non-Discrimination Act of 2009":

U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, today announced that on Wednesday, September 23, he will hold the first full committee hearing in the House of Representatives on legislation to prohibit employers from discriminating against employees on the basis of sexual orientation or gender identity.

The Employment Non-Discrimination Act (H.R. 3017), introduced by Rep. Barney Frank (D-MA), would prohibit employment discrimination, preferential treatment, and retaliation on the basis of sexual orientation or gender identity by employers with 15 or more employees. Currently, it is legal to discriminate in the workplace based on sexual orientation in 29 states and in 38 states based on gender identity.

Bill information is available here. Rep. Barney Frank (D-MA) is the sponsor, and there are 159 cosponsors. The CRS Summary describes the legislation: "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."

Rep. Frank's office has posted the transcript of a June 24th news conference on the legislation. Similar legislation passed the House in 2007, 235-184, but stalled in the Senate.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.