Employment Non-Discrimination Act

Employment Non-Discrimination Act is a proposed United States federal law that aims to prohibit employment discrimination based on sexual orientation and gender identity, as advocated by Human Rights Campaign, American Civil Liberties Union, and National Center for Lesbian Rights. The Act has been supported by Barack Obama, Joe Biden, and Nancy Pelosi, among other prominent Democratic politicians, as well as Republican lawmakers like Susan Collins and Mark Kirk. The legislation has been endorsed by various organizations, including Google, Microsoft, and Apple Inc., which have implemented similar policies in their own companies, as have IBM, Coca-Cola, and McDonald's.

Introduction

The Employment Non-Discrimination Act is designed to provide protections for lesbian, gay, bisexual, and transgender (LGBT) individuals in the workplace, similar to those afforded to individuals based on race, color, religion, sex, and national origin under Title VII of the Civil Rights Act of 1964, as interpreted by the United States Supreme Court in cases like Price Waterhouse v. Hopkins and Oncale v. Sundowner Offshore Services. The Act has been introduced in several Congresses, with support from lawmakers such as Ted Kennedy, Jeff Merkley, and Al Franken, as well as organizations like the National Association for the Advancement of Colored People, American Federation of Labor and Congress of Industrial Organizations, and Service Employees International Union. The legislation has also been backed by Hillary Clinton, Bernie Sanders, and Elizabeth Warren, who have all advocated for LGBT rights, as have Pete Buttigieg, Kamala Harris, and Cory Booker.

History

The Employment Non-Discrimination Act was first introduced in 1994 by Congressman Jerry Studds and Gerry Studds of Massachusetts, with the support of Congressman Barney Frank and Congresswoman Tammy Baldwin, who have both been vocal advocates for LGBT rights, as have Congressman Jared Polis and Congressman David Cicilline. The bill has been reintroduced in subsequent Congresses, with increasing support from lawmakers like Senator Dianne Feinstein, Senator Patrick Leahy, and Senator Chuck Schumer, as well as organizations like the American Medical Association, American Psychological Association, and American Bar Association. The Act has also been endorsed by former President Bill Clinton, former Vice President Al Gore, and former Secretary of State Colin Powell, who have all spoken out in support of LGBT rights, as have former Governor Arnold Schwarzenegger and former Mayor Michael Bloomberg.

Provisions

The Employment Non-Discrimination Act would prohibit employers with 15 or more employees from discriminating against individuals based on their sexual orientation or gender identity, as defined by the Americans with Disabilities Act of 1990 and the Genetic Information Nondiscrimination Act of 2008. The Act would also provide protections for employees who have undergone or are undergoing gender transition, as recognized by the World Health Organization and the American Medical Association. The legislation would apply to all employers, including state government and local government agencies, as well as private sector companies like Walmart, Amazon, and Facebook, which have all implemented LGBT-inclusive policies, as have The New York Times Company, The Washington Post Company, and CNN.

Legislative_history

The Employment Non-Discrimination Act has been introduced in several Congresses, with varying degrees of success, as tracked by the Library of Congress and the Government Publishing Office. In 2007, the House of Representatives passed a version of the bill that excluded protections for transgender individuals, as reported by The New York Times and The Washington Post. However, the bill stalled in the United States Senate, where it was opposed by lawmakers like Senator John McCain and Senator Mitch McConnell, who have both expressed concerns about the legislation, as have Senator Ted Cruz and Senator Marco Rubio. In 2013, the Senate passed a version of the bill that included protections for transgender individuals, with the support of lawmakers like Senator Harry Reid and Senator Dick Durbin, as well as organizations like the Human Rights Campaign and the National Center for Lesbian Rights.

Impact_and_support

The Employment Non-Discrimination Act has been supported by a wide range of organizations, including civil rights groups like the NAACP, American Civil Liberties Union, and National Organization for Women, as well as labor unions like the AFL-CIO and SEIU. The legislation has also been endorsed by business leaders like Tim Cook of Apple Inc. and Howard Schultz of Starbucks, who have both spoken out in support of LGBT rights, as have Mark Zuckerberg of Facebook and Sundar Pichai of Google. The Act has also been supported by faith leaders like Desmond Tutu and Gene Robinson, who have both advocated for LGBT inclusion, as have Rabbi David Saperstein and Imam Feisal Abdul Rauf.

Opposition_and_criticisms

The Employment Non-Discrimination Act has been opposed by some lawmakers and organizations, who have raised concerns about the legislation's impact on religious freedom and small business, as reported by Fox News and The Wall Street Journal. Some opponents, like Senator Mike Lee and Senator Rand Paul, have argued that the legislation would infringe upon the rights of employers to make decisions about their workforce, as have Senator Ted Cruz and Senator Marco Rubio. Others, like the National Right to Life Committee and the Family Research Council, have expressed concerns about the legislation's potential impact on abortion and same-sex marriage, as have Focus on the Family and the Alliance Defending Freedom. Despite these criticisms, the Employment Non-Discrimination Act remains a priority for many LGBT rights advocates, including Human Rights Campaign, GLAAD, and PFLAG, which have all worked to promote the legislation, as have The Trevor Project and the It Gets Better Project. Category:United States proposed federal legislation