labor lawAdivision of labor law center

Both the US House and the Senate have tabled ENDA for the present. Efforts to pass the Employment Non-Discrimination Act will clearly continue in 2010, but success is far from certain.

 

In early December 2009, the House Education and Labor Committee failed to reschedule a cancelled November markup session for the bill, also referred to as H.R. 3017.

 

ENDA would prohibit discrimination based on sexual orientation nationwide. While a number of states including California, New York, New Jersey and Illinois currently have statutes that prohibit employment discrimination based on sexual orientation, there is no ban under federal law.

 

Key issues under discussion include the focus on attorney fees and whether victims of job bias could seek relief under ENDA and Title VII of the Civil Rights Act.

 

At least some members of Congress are optimistic that ENDA will be passed in 2010. Representative George Miller of California says he expects a new proposal to be ironed out shortly after the holiday break.

 

ENDA is supported by a number of lesbian, gay, bisexual and transgender people, and organization such as PFLAG and the Human Rights Campaign. ENDA is opposed by SHRM, the Society for Human Resource Management, which opposes any bill that puts further restrictions on employers. 

 

Senate Republicans have threatened to filibuster in opposition to ENDA. In addition, the heath care bill may overshadow ENDA in 2010.

 

ENDA would make it illegal for public and private employers to discriminate against employees or job applicants based on sexual orientation, transgender status or gender identity. The law would permit the US military, religious organizations and various veterans’ service groups such as the Boy Scouts of America to consider sexual orientation in hiring. The law would not require that employers offer benefits to same sex partners. 

 

 

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1. Posted by: libhomo

   These delays are morally repugnant. ENDA should have already passed.

2. Posted by: Amelia

   Hi libhomo! Many people would agree with you. The best way to change this is to contact your senator and representative in Congress. A number of states have passed laws that make employment discrimination based on sexual orientation illegal. HTH, and thanks for reading the blogs!~ Amelia