Senators Jeff Merkley (D-Oregon), Susan Collins (R-Maine), Olympia Snowe (R-Maine), and Edward Kennedy (D-Massachusetts) introduced the Employment Non-Discrimination Act (ENDA) today in the U.S. Senate. ENDA was previously introduced on June 24 in the U.S. House of Representatives. If passed, ENDA would prohibit employment discrimination on the basis of sexual orientation or gender identity.
According to Senator Merkley, “There is no place in the workplace for employment discrimination.” He added, “No worker in America should be fired or denied a job based on who they are. Discrimination is wrong, period. I’m proud to join Senator Kennedy, who is a civil rights legend, and Senators Collins and Snowe, both champions for equality, in taking this next step in our ongoing effort to create a more perfect union and guarantee every American, regardless of sexual orientation or gender identity, the right to earn a living.”
ENDA is very similar to existing antidiscrimination laws, including Title VII of the Civil Rights Act of 1964, which protects employees and applicants from discrimination based on race, color, religion, sex, and national origin. ENDA would bar public and private employers, employment agencies, and labor unions from basing employment decisions (such as firing, hiring, promotion, or compensation) on an individual’s actual or perceived sexual orientation or gender identity.
Several versions of ENDA have previously been introduced in Congress but were not signed into law. In 2007, the House passed a version of ENDA that included protections for discrimination based on sexual orientation but not gender identity and died in the Senate. Although Congress previously failed to pass versions of ENDA, it’s highly likely that the 2009 bill could become law because of the increased majorities of the Democratic Party in the House and the Senate and the election of President Barack Obama.
If ENDA passes, employers would need to review their policies and procedures and take steps to ensure they are in compliance with the Act. It may even be a good idea for employers to go ahead and review their discrimination and harassment policies now and either proactively amend them to be in compliance with ENDA or at least know which provisions, if any, they will need to change if the bill passes. We will continue to keep you updated on the status of ENDA.