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The current version of ENDA (H.R. 3017/S. 1584) would prohibit employment discrimination against employees and job-seekers due to their sexual orientation and gender identity. H.R. 3685 would exempt religiously-affiliated businesses, schools and other organizations from coverage.
In 2007, the U.S. House of Representatives approved a previous version of ENDA that is similar to twenty state laws that protect employees from sexual orientation discrimination only. The Employment Non-Discrimination Act of 2007 (H.R. 3685) passed the House by a vote of 235 - 184 on November 7, 2007. The bill stalled in the Senate.
SHRM supported the 2007 version of ENDA, but has concerns about the ambiguity of establishing a gender identity protected class. The 2009 legislation defines the term gender identity 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.”
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