Employment Non-Discrimination Act - ENDA

Additional HR Resources ENDA Explained How this bill could launch a wave of discrimination suits The Plus of "Us" DVD-based diversity training for employees and supervisors creates healthy workplace Diversity Training How to help create an organization that values diversity in its workforce Same-Sex Marriage Benefits Guidance on policies & benefits, explanation of ENDA's impact. Audit Your Policies Policies to prevent discrimination and other practices and procedures Workplace Discrimination Get clear guidance for assessing your policies and practices Preventing Sexual Harassment How to stop sexual harassment before it starts Training for Supervisors Train them to prevent, recognize, and stop sexual harassment Training for Employees How to train employees to prevent, recognize, and stop sexual harassment Supervisor Training on DVD How to help your supervisors avoid harassment suits and more State Requirements What your state lawmakers have to say on this issue Federal Laws and Regulations Advanced warning of new legislation and other federal developments

The Employment Non-Discrimination Act (ENDA), is a proposed federal law that would prohibit sexual orientation discrimination in the workplace. Sexual orientation discrimination currently is not explicitly prohibited under federal law. But just because it is not currently a protected class under federal law that doesn't mean employers don't need to be concerned about sexual orientation or gender-identity discrimination.

State-by-state comparison of 50 employment laws in all 50 states, including sexual orientation discrimination

Related articles on Sexual Orientation Discrimination
Sexual Orientation Discrimination tools for Employment Law Letter subscribers

Certain states have enacted discrimination laws that apply to homosexual, bisexual, and transsexual individuals. In some states, sexual orientation discrimination is prohibited only in certain municipalities. There have also been attempts to provide discrimination protections through court cases interpreting existing sex discrimination laws.

With the election of Barack Obama and the increased majorities of the Democratic Party in the House and Senate, it's highly probable that the proposed Employment Non-Discrimination Act will be passed. Bills prohibiting sexual orientation discrimination have been proposed in the past in Congress but have not been passed.

In past bills banning sexual orientation discrimination, the U.S. House of Representatives has included a section prohibiting discrimination based on "perceived" sexual orientation. That clause would permit a claim if an employee could prove that he was discriminated against because of another person's perception about him (i.e., being homosexual) even if the perception is wrong.

Keep up with the latest changes in federal employment-related legistation with the Federal Employment Law Insider newsletters

The bills proposed in the House of Representatives also extend discrimination prohibitions to any individual based on his or her association with another individual based on that other person’s actual or perceived gender identity or sexual orientation. In other words, a claim could be made that an employee was discriminated against because he was friends with, worked closely with, or was related to a homosexual (or even heterosexual).

View all HR topics

Related articles on the Employment Non-Discrimination Act (ENDA) featued in HR Hero Line

• Top Employment Issues for States in 2009 Part 2: Family and Medical Leave, Discrimination, Minimum Wage, and Safety
  (Employers State Law Alert, February 2009)
• Sexual Orientation Discrimination and the Employment Non-Discrimination Act
  (Michigan Employment Law Letter, January 2009)
• Five Changes to Look for from Obama and New Washington Leaders
  (California Employment Law Letter, November 2008)
• Potential Changes in Labor and Employment Law After 2008 Elections
  (Indiana Employment Law Letter, June 2008)

HR Tools for the Employment Non-Discrimination Act - ENDA - and sexual orientation discrimination and harassment

• Sample Policy - Equal Employment
• Sample Policy - Harassment and/or Discrimination