Last Thursday, the Senate passed the Employee Non-Discrimination Act with a vote of 64 to 32. This act, better known as ENDA, prohibits discrimination in the workplace based on gender identity or sexual orientation. ENDA is a bill that has made an appearance in almost every session of Congress since 1994.
The ultimate purpose of the ENDA is to ensure that all Americans can obtain and feel comfortable within a job based on their qualifications for the job. The ENDA’s goal is to make sure people are hired because they fit the part or because they know what they’re doing.
Although the Senate has already passed the bill, the House of Representatives must now take action. Within the House, Republican leaders have asserted the bill will be dead on arrival. GOP aides have argued that the provisions set in the ENDA are already in place in America. However, not all states prohibit employee discrimination.
According to the Washington Times, House leaders stated that the bill “will increase frivolous litigation,” and therefore, is not currently scheduled in the house. However, a report by the General Accounting Office found that in states with similar laws already in place, workplace complaints based on sexual orientation or gender are made at about the same rate as complaints based on gender or race.
Those in opposition to the bill have also claimed that it will “cost American jobs, especially small business jobs.” However, the bill states specifically that it only applies to businesses and companies with 15 or more employees, and it does not apply to religious organizations.
A “small business” is classified as one with fewer than 500 employees. Nearly one-third of all people employed by a small business fall into that 15 or fewer category. That being said, most “large businesses” already have sexual orientation and gender identity non-discrimination policies in place.
Before the Senate passed the bill, senator Rob Portman added an amendment that will prevent the government from retaliating against religious organizations by withholding grants, contracts or tax exemptions.
Even though many employers and citizens believe that ENDA is already federal law, the only way to end LGBTQ discrimination by employers is to pass the bill and confirm that such discrimination is against federal law.
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Employee Non-Discrimination Act finally passes Congress
Claire Wilson
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November 12, 2013
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