Employment Non-Discrimination Act H.R. 3017
The Problem
Qualified, hardworking Americans are denied job opportunities, fired or otherwise discriminated against just because they are lesbian, gay, bisexual or transgender (LGBT). There is no federal law that consistently protects LGBT individuals from employment discrimination; it remains legal in 29 states to discriminate based on sexual orientation, and in 38 states to do so based on gender identity or expression. As a result, LGBT people face serious discrimination in employment, including being fired, being denied a promotion and experiencing harassment on the job.
What is the Employment Non-Discrimination Act?
The Employment Non-Discrimination Act (ENDA) would provide basic protections against workplace discrimination on the basis of sexual orientation or gender identity. ENDA simply affords to all Americans basic employment protection from discrimination based on irrational prejudice. The bill is closely modeled on existing civil rights laws, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. The bill explicitly prohibits preferential treatment and quotas and does not permit disparate impact suits. In addition, it exempts small businesses, religious organizations and the military, and does not require that domestic partner benefits be provided to the same-sex partners of employees.
What ENDA Does- Extends federal employment discrimination protections currently provided based on race, religion, sex, national origin, age and disability to sexual orientation and gender identity
- Prohibits public and private employers, employment agencies and labor unions from using an individual’s sexual orientation or gender identity as the basis for employment decisions, such as hiring, firing, promotion or compensation
- Provides for the same procedures, and similar, but somewhat more limited, remedies as are permitted under Title VII and the Americans with Disabilities Act
- Applies to Congress and the federal government, as well as employees of state and local governments
- Cover businesses with fewer than 15 employees
- Apply to religious organizations
- Apply to the uniformed members of the armed forces (the bill doesn’t affect the "Don’t Ask, Don’t Tell" policy)
- Allow for quotas or preferential treatment based on sexual orientation or gender identity
- Allow a "disparate impact" claim similar to the one available under Title VII of the Civil Rights Act of 1964. Therefore, an employer is not required to justify a neutral practice that may have a statistically disparate impact on individuals because of their sexual orientation or gender identity
- Allow the imposition of affirmative action for a violation of ENDA
- Allow the Equal Employment Opportunity Commission to collect statistics on sexual orientation or gender identity or compel employers to collect such statistics.
- Apply retroactively
States’ Experience and Corporate Support
Twenty-one states and the District of Columbia have passed laws prohibiting employment discrimination based on sexual orientation, and 12 states and D.C. also prohibit discrimination based on gender identity. While these laws provide important protections, according to a 2002 General Accounting Office (GAO) report, relatively few complaints of discrimination based on sexual orientation have been filed in these states.
Hundreds of companies have enacted policies protecting their lesbian, gay, bisexual and transgender employees. As of February 2009, 423 (85%) of the Fortune 500 companies had implemented non-discrimination policies that include sexual orientation, and 176 (more than one-third) had policies that include gender identity.
What is the Current Status of the Bill?
ENDA was introduced in the 111th Congress by Representatives Barney Frank (D-MA) and Ileana Ros-Lehtinen (R-FL) in the House with 117 original co-sponsors. Senate introduction of the bill is expected shortly.
Related Pages
- HRC’s press release on ENDA’s introduction in the 111th Congress
- Statements of support for ENDA
- November 2007 ENDA developments
- HRC Board ENDA Policy
- More about the historic hearing on transgender workplace discrimination
Learn More about ENDA
- Employers that support fairness in the workplace and the passage of ENDA
- Timeline: History of ENDA
- Working in the Shadows – stories of GLBT people who have suffered job discrimination
Learn More about LGBT Workplace Issues
- State of the Workplace for Gay, Lesbian, Bisexual and Transgender Americans
- Corporate Equality Index
- Transgender Americans: A Handbook for Understanding.
For more information, please contact HRC at legislation@hrc.org.
Last Updated: Friday, February 27, 2009