To prohibit employment discrimination based on gender identity.

9/27/2007--Introduced.
Prohibits employment discrimination on the basis of actual or perceived 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. Makes this Act inapplicable to:
(1) religious organizations; and
(2) the relationship between the United States and members of the Armed Forces. Declares that this Act does not repeal or modify any federal, state, territorial, or local law creating a special right or preference concerning employment for a veteran.
Provides for the construction of this Act with regard to:
(1) enforcement by employers of rules and policies;
(2) sexual harassment;
(3) certain shared facilities such as showers or dressing facilities;
(4) the construction of new or additional facilities; and
(5) dress and grooming standards.
Prohibits the Equal Employment Opportunity Commission (EEOC) from collecting statistics from covered entities on actual or perceived gender identity or compelling the collection by covered entities of such statistics.
Provides for enforcement, including giving the EEOC, the Librarian of Congress, the Attorney General, and U.S. courts the same enforcement powers as they have under specified provisions of the Civil Rights Act of 1964, the Government Employee Rights Act of 1991, and other specified laws.
Allows actions and proceedings against state governments and, subject to limitation, the federal government.


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Sponsor

• Rep. Barney Frank [D, MA-4]
• and 10 Co-Sponsors
  • Rep. Robert Andrews [D, NJ-1]
  • Rep. Bob Filner [D, CA-51]
  • Rep. Jane Harman [D, CA-36]
  • Rep. George Miller [D, CA-7]
  • Rep. Janice Schakowsky [D, IL-9]
  • Christopher Shays
  • Rep. Niki Tsongas [D, MA-5]
  • Rep. Debbie Wasserman Schultz [D, FL-20]
  • Rep. Lynn Woolsey [D, CA-6]
  • Rep. David Wu [D, OR-1]
  close

Committees

• House Judiciary
• 5 more
  • House Education and Labor
  • House Education and Labor
  • House Judiciary
  • House Oversight and Government Reform
  • House Administration
  close

Amendments

This bill has no amendments.

Amendments to H.R.3686

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
September 27, 2007

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All Bill Actions

• Oct 17, 2007: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
• Oct 12, 2007: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
• Sep 27, 2007: Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• Sep 27, 2007: Referred to House Education and Labor
• Sep 27, 2007: Referred to House Judiciary
• Sep 27, 2007: Referred to House House Administration
• Sep 27, 2007: Referred to House Oversight and Government Reform
• Introduced on Sep 27, 2007.

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Related Issue Areas:

• Civil rights
• Actions and defenses
• Civil rights enforcement
• Disciplining of employees
• 12 more
• Discrimination in employment
• Dismissal of employees
• Government information
• Government liability
• Labor
• Labor statistics
• Law
• Sex change
• Sex discrimination
• Sexual harassment
• State and local government
• Women

Data from the Congressional Research Service

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In the News

October 17, 2007 ENDA vote expected next week

... of seeking the anti-discrimination legislation through a two-bill strategy — HR 3685 with sexual orientation only and HR 3686 with gender identity only. ...

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Source: Bay Windows, MA

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October 17, 2007 Gloves come off in fight over ENDA

... of seeking the anti-discrimination legislation through a two-bill strategy –HR 3685 with sexual orientation only and HR 3686 with gender identity only. ...

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Source: Windy City Times, IL

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October 11, 2007 Gay Rights Backers Split on Bias Bill

By January, laws also will be in effect in Iowa, Vermont, Colorado and Oregon. The bill numbers are HR 2015, HR 3685 and HR 3686.

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Source: Forbes, NY

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Blog Coverage

November 12, 2008 Obama transition team is transgender-inclusive

HR 3686, dubbed the Baldwin Amendment after ENDA co-sponsor Rep. Tammy Baldwin (D-WI), contained the portion of HR 2015 pertaining to gender identity. It was debated in the House but not brought to a vote. ...

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Source: Transgender News

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November 10, 2008 PageOneQ | Obama transition team is transgender-inclusive

HR 3686, dubbed the Baldwin Amendment after ENDA co-sponsor Rep. Tammy Baldwin (D-WI), contained the portion of HR 2015 pertaining to gender identity. It was debated in the House but not brought to a vote. ...

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Source: PageOneQ.com Latest

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September 26, 2008 I Am Not A Lawyer

The Library asserts that the introduction and nonpassage of HR 2015 and HR 3686 shows that transsexuals are not currently covered by Title VII and also that Congress is content with the status quo. However, as Schroer points out, ...

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Source: AEBrain

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