Issues

Employment Non-Discrimination Act

Employment Non-Discrimination Racism, homophobia and transphobia create disproportionate job bias against LGBT people of color. Everyone should be able to work without being concerned that they will be fired for personal qualities and characteristics that they have little to no control over.

The Employment Non-Discrimination Act (ENDA), which was introduced in the 112th Congress in House by Representatives Barney Frank (D-MA) and Ileana Ros-Lehtinen (R-FL) as H.R. 139717 and in the Senate by Senators Jeff Merkley and Mark Kirk (R-IL) as S.811.18

Key Facts:
  • ENDA provides basic protections for LGBT employees. Individuals will no longer have to face being fired, harassed, passed over for a promotion, or denied a job because they are LGBT.
  • ENDA applies to the same entities covered under Title VII of the Civil Rights Act of 1964. The provisions in ENDA apply to private employers with 15 or more employees, labor unions, employment agencies, and federal, state, and local governments. Nothing in the bill would apply to religious institutions or employers with fewer than 15 employees.
  • ENDA applies the same types of protections as Title VII. The bill would ban discrimination in hiring, termination, compensation, promotion, and most terms and conditions of employment based on sexual orientation or gender identity.
  • ENDA protects individuals who associate with LGBT people from discrimination as well. Often times, individuals are harassed or discriminated against on the job because they associate with their LGBT family members and friends.