ENDA is the Employment Non-Discrimination Act that allows LGBT people to be able to work and not worry about being fired for being lesbian, gay, bisexual, or Trans*. Right now, in 29 states, it is legal to fire someone for being LGB; and, in 34 states, it's legal to fire someone for being Trans*. With this bill, those people will not have to worry about being fired for being who they are.
What ENDA Does (from the HRC website)
- 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
What ENDA Does Not Do (from the HRC website)
- Cover businesses with fewer than 15 employees
- Apply to religious organizations
- 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