Rep. Barney Frank (D-Mass.) has reintroduced the Employment Non-Discrimination Act of 2009 (H.R. 2981), a bill that would create comprehensive employment anti-discrimination protections for individuals based on their sexual orientation or gender identity. For purposes of this bill, “gender identity” is 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.” “Sexual orientation” means “homosexuality, heterosexuality, or bisexuality.” The provisions of this bill would impact the private sector as well as local, state and federal government employers.

Specifically, this Act would deem it an unlawful employment practice for an employer:

(1) to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual's actual or perceived sexual orientation or gender identity; or

(2) to limit, segregate, or classify the employees or applicants for employment of the employer in any way that would deprive or tend to deprive any individual of employment or otherwise adversely affect the status of the individual as an employee, because of such individual's actual or perceived sexual orientation or gender identity.

Employment agencies would also be prohibited from failing or refusing to refer an individual for employment because of the individual’s actual or perceived sexual orientation or gender identity. By the same token, it would be unlawful for the agency to refer an individual for employment based on these factors.

This Act would similarly ban adverse employment actions against an employee for the real or perceived sexual orientation or gender identify of a person with whom the employee associates, and prohibit retaliation against an employee for exercising his or her rights under this Act, or opposing an alleged discriminatory practice.

This bill builds upon the language and definitions set forth in Title VII of the Civil Rights Act. A private sector employer would be covered by this Act if it has 15 or more employees who have worked full-time for 20 or more weeks in the current or preceding calendar year. Labor organizations would likewise be barred from discriminating on the basis of sexual orientation or gender identity. Religious organizations and the armed forces would be exempt.

Current remedies and enforcement mechanisms available to employees under Title VII of the Civil Rights Act and the Government Employee Rights Act of 1991 would also apply to the Employment Non-Discrimination Act of 2009, and a prevailing party in an action or administrative proceeding to enforce rights under this Act would be entitled to an award of attorneys’ fees.

If signed into law, the provisions of this bill would take effect six months after the date of enactment, and would not be retroactive. This legislation has been referred to the House Committees on Education and Labor, House Administration, Oversight and Government Reform, and the Judiciary.

Update:  June 26, 2009

On June 24, 2009, Barney Frank reintroduced the Employment Non-Discrimination Act with 123 co-sponsors as H.R. 3017.  This version contains the same provisions as those set forth in the earlier bill.