On Wednesday, President Barack Obama signed a federal memorandum requiring executive agencies to extend to same-sex partners the employment benefits equivalent to those granted to opposite-sex partners. The memorandum expands benefits previously provided to same-sex partners in an executive memorandum signed last October and is the latest in a handful of government moves to preserve rights and benefits for gay individuals. This most recent action, as well as the ongoing review of the repeal of the military’s “Don’t Ask, Don’t Tell” policy, suggests a favorable atmosphere for the consideration and possible passage of the pending Employment Non-Discrimination Act (ENDA).
ENDA would provide job protections for gay and transgendered workers by prohibiting discrimination against employees on the basis of sexual orientation or gender identity. Though the bill has seen no official action in Congress since committee hearings late last year, U.S. House of Representatives proponents of the bill have been counting votes to determine whether to bring the bill to the floor, perhaps as soon as this month.
President Obama has previously voiced his support of the bill, and the recent federal support of rights and benefits for gay workers may provide the catalyst to bring ENDA back into debate.
Keep up with the latest legal changes affecting employer benefits and trends in employee benefits with the Benefits and Compensation Law Alert and with changes in federal employment laws in the Federal Employment Law Insider.