What is ENDA?
The Employment Non-Discrimination Act (ENDA) seeks to extend fair employment practices under federal law to the gay, lesbian, bisexual and transgender community. It does not create any “special rights,” but simply affords to all Americans basic protection from employment discrimination based on sexual orientation or gender identity. It is based on the principle that every worker should be judged solely on his or her merits. ENDA applies the same procedures and similar, but more limited, remedies as other federal civil rights laws, like Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.
A Pragmatic Approach
ENDA is a pragmatic and measured solution to the problem of workplace discrimination against gay, lesbian, bisexual and transgender Americans. It does not apply to small businesses, most religious organizations, or the military. It prohibits preferential treatment, the use of quotas, and the collection of statistics. It permits employers to maintain generally-applicable workplace policies, including dress codes. ENDA does not require that benefits be provided to the same-sex partners of employees.
Public Support
ENDA’s goal is widely supported by the American people. According to a 2006 Gallup study, 89% of Americans believe gay people should have equal job opportunities. In a 2004 Hart Research poll, 65% of those surveyed believe it should definitely be illegal to fire someone because he or she is transgender. ENDA is also supported by large coalition of civil rights, labor, and religious organizations, including the Leadership Conference on Civil Rights.
States’ Experience
Seventeen states (California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont, Washington, Wisconsin) and the District of Columbia have passed laws prohibiting discrimination based on sexual orientation. In addition, eight states (California, Illinois, Maine, Minnesota, New Jersey, New Mexico, Rhode Island, Washington) and the District of Columbia prohibit discrimination based on gender identity. Most of these laws are broader in scope than ENDA, covering discrimination not only in employment, but also in housing and public accommodations.