Employment Non-Discrimination Act Introduced in Congress
Congress is once again considering a bill that would make it illegal to discriminate in the workplace on the basis of sexual orientation or gender identity.
The most recent version of the Employment Non-Discrimination Act was introduced in the House of Representatives April 24 by two Democrats and two Republicans, who will become the bill’s lead sponsors.
Versions of the bill have been introduced since 1994, though it has never gotten very far and never passed a floor vote in either house. It came within one vote of passing the Senate in 1996--immediately after the chamber approved the Defense of Marriage Act.
Currently, it is legal to fire, or fail to promote, someone because of their sexual orientation in 33 states, and based on their gender identity in 42 states. State courts, commissions or agencies have interpreted the existing state law to include some protection against transgender individuals in Connecticut, Florida, Hawaii, Massachusetts, New Jersey and New York.
ENDA would add sexual orientation and gender identity to the existing federal law prohibiting employment discrimination by race, religion, color and national origin. The bill exempts members of the armed forces, veterans groups and religious organizations.
At press time, neither a bill number, bill text, nor a list of co-sponsors was available.
Though support for the measure continues to build among public and private sector employers, organized labor, religious leaders and local governments, the bill’s fate is not clear.
The Human Rights Campaign is the lead organization lobbying for the measure. Earlier this month, HRC field director Marty Rouse told a Cleveland audience that it is the organization’s second legislative priority behind the Local Law Enforcement Hate Crime Prevention Act, which adds penalties for violence motivated by hatred of LGBT people.
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