On July 10, 2013, the Senate's Health, Education, Labor and Pensions Committee passed bill S.815, titled the Employment Non-Discrimination Act of 2013 ("ENDA"), setting the stage for consideration by the full Senate later this year.
ENDA would prohibit covered employers from discriminating
against employees or job applicants on the basis of such
individual's actual or perceived sexual orientation or gender
identity. The bill also covers employment agencies and labor
organizations but excludes religious institutions and the Armed
Forces. ENDA would not permit preferential treatment based on
actual or perceived sexual orientation, nor would it allow
employers to create quotas. The bill would allow for disparate
treatment but not disparate impact claims.
ENDA was introduced in April 2013 by Sen. Jeff Merkley (D-Ore),
although a similar bill was introduced to the Senate several times
in the past, dating back to 2001. Senate Democrats are hopeful that
the full Senate will have an opportunity to vote on the bill this
coming Fall.
If passed into law, ENDA would significantly enhance federal
protections for LGBT individuals. Although Title VII of the Civil
Rights Act of 1964 prohibits employment discrimination based on
sex, it does not explicitly include sexual orientation as a
protected category. Employers should take note, however, that many
state anti-discrimination laws, including the laws in Connecticut,
New Jersey, and New York, already protect employees from
discrimination on the basis of sexual orientation or gender
identity.
Check this blog regularly as we track the progress of this
significant legislative initiative.
Originally published on the Employer's Law Blog
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