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Wednesday, April 10, 2013

Sexual Orientation and Gender Identity Discrimination in Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA)

Jody Feder
Legislative Attorney

Cynthia Brougher
Legislative Attorney

The proposed Employment Non-Discrimination Act (ENDA) would prohibit discrimination based on an individual’s actual or perceived sexual orientation or gender identity by public and private employers in hiring, discharge, compensation, and other terms and conditions of employment. The bill, which has been introduced in various incarnations in every congressional session since the 103
rd Congress, is expected to be reintroduced in the 113th Congress. The stated purpose of the legislation is “to address the history and widespread pattern of discrimination on the basis of sexual orientation or gender identity by private sector employers and local, State, and Federal Government employers,” as well as to provide effective remedies for such discrimination. Patterned on Title VII of the Civil Rights Act of 1964, the act would be enforced by the Equal Employment Opportunity Commission (EEOC).

Date of Report: April 1, 2013
Number of Pages: 14
Order Number: R40934
Price: $29.95

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