Nov 19

The Employment Non-Discrimination Act

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The Employment Non-Discrimination Act, a Senate bill that passed With a vote of 61-30, would prohibit workplace discrimination on the basis of sexual orientation and gender identity. On November 7, 2013 the Senate approved legislation outlawing workplace discrimination against gay, bisexual and transgender Americans, demonstrating the nation’s quickly evolving attitude toward gay rights nearly two decades after Congress rejected same-sex marriage.
Fifty-four members of the Democratic majority and 10 Republicans voted Thursday for the first major gay rights bill since Congress repealed the ban on gays in the military three years ago. The vote in favor of the Employment Non-Discrimination Act was 64-32.T

Right now, in 29 states, lesbian, gay, transgender and bisexual (LGBT) Americans lack sufficient protections against employment discrimination because of their sexual orientation or gender identity. This week, the Senate passed a bill—the Employment Non-Discrimination Act (ENDA)—that would close this gap in our nation’s civil rights laws. “The fact remains that, across the country, far too many LGBT Americans suffer discrimination each and every day. That’s why the Department will keep working to promote opportunity and access for every individual. It’s why this will continue to be a priority for this Department as long as I have the privilege to serve as Attorney General. It’s why we will continue to advocate for essential legislative changes and reforms, like the Employment Non-Discrimination Act, to extend workplace protections to all Americans.” -Attorney General Eric Holder, June 2013

Since the passage of the Civil Rights Act of 1964, federal law has prohibited employment discrimination on the basis of race, color, religion, sex, or national origin. Yet five decades later, while we wait for ENDA to pass the House of Representatives, no federal law exists that explicitly prohibits employers from discriminating on the basis of an individual’s sexual orientation or gender identity, and the majority of states lack basic workplace protections for LGBT Americans. As President Obama has stated: “[O]ur journey as a nation is not complete until our gay brothers and sisters are treated like anyone else under the law, for if we are truly created equal, then surely the love we commit to one another must be equal as well.”

If signed into law, a fully inclusive Employment Non-Discrimination Act would explicitly prohibit workplace discrimination based on actual or perceived sexual orientation or gender identity. ENDA’s prohibition of intentional discrimination makes clear that LGBT Americans deserve the same types of protections that are available under Title VII of the Civil Rights Act of 1964.

Contact your congressperson to voice your support for the Employment Non-Discrimination Act.

Much of the information provided above was taken from at the following DOJ website: http://blogs.justice.gov/main/archives/3409

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Denver Lawyer Gregory A. Hall has represented injured persons since 1995 in the following areas: personal injury, employment, civil rights, wage and hour, insurance bad faith, OPM disability retirement, federal workers’ compensation, FLSA, FELA and business litigation.

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