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Employment Non-Discrimination Act

"ENDA" redirects here. For other uses, see Enda.

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The Employment Non-Discrimination Act (ENDA) is legislation proposed in the United States Congress that would prohibit discrimination in hiring and employment on the basis of sexual orientation or, depending on the version of the bill, gender identity, by employers with at least 15 employees.

ENDA has been introduced in every Congress since 1994 except the 109th. Similar legislation has been introduced without passage since 1974.[1] The bill gained its best chance at passing after the Democratic Party gained the majority after twelve years of Republican majorities in the 2006 midterm elections. In 2007, gender identity protections were added to the legislation for the first time. Some sponsors believed that even with a Democratic majority, ENDA did not have enough votes to pass the House of Representatives with transgender inclusion and dropped it from the bill, which passed the House and then died in the Senate. President George W. Bush threatened to veto the measure. LGBT advocacy organizations and the LGBT community were divided over support of the modified bill.

In 2009, following Democratic gains in the 2008 elections, and after the divisiveness of the 2007 debate, Rep. Barney Frank introduced a transgender-inclusive version of ENDA. He introduced it again in 2011, and Senator Jeff Merkley introduced it in the Senate. On November 7, 2013, Merkley's bill passed the Senate with bipartisan support by a vote of 64–32. President Barack Obama supported the bill's passage, but the House Rules Committee voted against it.

From 2015 on, LGBT rights advocates moved to support the Equality Act, a bill with far more comprehensive protections than ENDA.[2][3] The Equality Act would prohibit discrimination on the basis of sexual orientation and gender identity not only in employment, but also housing, public accommodations, public education, federal funding, credit, and jury service.[4]

On June 15, 2020, the Supreme Court ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation and gender identity.[5] The ruling was only on employment, like ENDA. LGBT rights advocates welcomed the ruling and called on Congress to pass the Equality Act, noting that as of 2020, 29 states do not have the full protections the Equality Act would provide for the LGBT community.[6][7][8]

  1. ^ "Nondiscrimination legislation historical timeline". National Gay and Lesbian Task Force. Archived from the original on May 24, 2014. Retrieved June 17, 2017.
  2. ^ "The Equality Act is the LGBT Rights Bill We Want and Need". July 22, 2015.
  3. ^ "The 2016 Election: Know the facts about the Equality Act". November 20, 2015.
  4. ^ "Equality Act NOW". Archived from the original on August 21, 2021. Retrieved June 17, 2020.
  5. ^ "Bostock v. Clayton County, Georgia".
  6. ^ "Human Rights Campaign: Supreme Court is on Right Side of History". June 15, 2020.
  7. ^ "Victory at Last! Supreme Court Confirms Workplace Protections for LGBTQ Employees".
  8. ^ "One Colorado Celebrates 'Really Historic Day' & Supreme Court Ruling". June 15, 2020.

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