The surprise election of Republican Senator Scott Brown in Massachusetts didn’t just put a well-publicized dent in Democratic efforts to pass healthcare reform — it could also help scuttle several other Democratic proposals that would directly affect employers. Here are some of the bills that will surface in the coming months, and their chances of passage:

Employee Free Choice Act

You’ve no doubt heard of this pro-union proposal – it was hotly debated in both houses of Congress before it got pushed to the back burner by healthcare reform.

The original bill centered on what was called the “card check” provision – allowing unions to be certified if a simple majority of eligible employees merely signed cards indicating their support. Supporters of the legislation have all but given up on that part of the measure. But the bill still includes a requirement for an expedited timetable for union elections, and increased access to employees by union organizers.

Then there’s the real sticking point: Mandatory binding arbitration between union and management when a pre-determined negotiation period fails to end in a contract.

Projected chance of passage: Slim, in its current form. A bill limited to setting up a timetable for union elections and toughening penalties for labor law violations might get through.
Cite: H.R. 1409, S. 560

Protecting Older Workers Against Discrimination Act

This bill was proposed in response to a 2009 Supreme Court decision that ruled employees could only win age-bias suits if they could prove their over-40 status was the motivating factor in their adverse employment action. That’s a different standard than the one applied in other discrimination cases, in which employees must prove only that the bias was merely one “motivating factor” in the company’s decision.

The bill would amend the Age Discrimination in Employment Act to bring the employee’s burden of proof into line with other discrimination statutes.

Projected chance of passage: Fair, since it would standardize procedures across all forms of bias lawsuits.

Cite: H.R. 3271, S. 1756

Employment Non-Discrimination Act

This measure would broaden anti-discrimination protection to cover sexual identity and gender orientation.

Projected chance of passage: Seems fairly good, in view of similar measures that have recently passed on the state and local levels. Currently, 21 states ban discrimination based on sexual orientation, and 12 protect transgender workers. More states are expected to pass similar laws in the near future.

Cite: H.R. 3017, S. 1584

Paycheck Fairness Act

This proposal’s a follow-up to the Lily Ledbetter Fair Pay Act, passed early last year, that loosened the time frame for employees to file suit alleging gender bias in pay practices.

The act would allow employees to recover unlimited compensatory and punitive damages, as well as limit an employer’s defense that the worker’s pay differential was based on a “factor other than sex.”

Projected chance of passage: Slim to fair.

Cite: H.R. 12, S. 182

To keep tabs on these and other Congressional proposals, go here.