The
Employment Non-Discrimination Act (
ENDA) is a proposed bill in the
United States CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
that would prohibit
discriminationDiscrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
against employees on the basis of
sexual orientationSexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
or
gender identityA gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
by civilian, nonreligious employers with at least 15 employees.
ENDA has been introduced in every Congress since 1994 (except the
109thThe One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...
) while previous employment anti-discrimination legislation has been proposed since 1974. The bill gained its best chance at passing after the
Democratic PartyThe Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
broke
twelve yearsThe Republican Revolution or Revolution of '94 is what the media dubbed Republican Party success in the 1994 U.S. midterm elections, which resulted in a net gain of 54 seats in the House of Representatives, and a pickup of eight seats in the Senate...
of
RepublicanThe Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Congressional rule in the 2006 midterm elections. In 2007,
gender identityA gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
protections were added to the legislation for the first time ever. However, some sponsors believed that even with a Democratic majority, ENDA did not have enough votes to pass the
House of RepresentativesThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
with
transgenderTransgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
inclusion, and dropped it from the bill, which passed and subsequently died in the Senate. LGBT advocacy organizations, and the community, were divided over support of the changed bill.
In 2009, on the heels of the
2008 electionsThe 2008 United States general elections were held on November 4. The result was a significant victory for the Democratic Party on the national level, as they increased majorities in both houses of Congress and won the Presidency. Democrat Barack Obama defeated Republican John McCain in the...
that strengthened the Democratic majority, and after the divisiveness of the 2007 debate, a transgender-inclusive ENDA was introduced by House representative
Barney FrankBarney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
. Frank reintroduced the bill in 2011. Shortly thereafter, the bill was introduced in the Senate by Jeff Merkley.
President
Barack ObamaBarack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
supports the bill's passage; former President
George W. BushGeorge Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
threatened to veto the measure.
Evidence of Employment Discrimination on the Basis of Sexual Orientation and Gender Identity
Evidence Discrimination based on sexual orientation occurs at a similar rate as sex and race at 4.7 per 10,000, as compared to discrimination based on sex at 5.4 and race at 6.5. In states that have discrimination policies in place, LGB complaints are equivalent to the number of complaints filed based on sex and less than the number of complaints filed based on race.
The Williams Institute estimates the number of LGBT employees as follows: 7 million private sector employees, 1 million state and local employees, and 200,000 employees of the federal government. Thirty percent of state and local LGBT employees live in California and New York. In comparison, LGB people make up only one half of one percent of state and local employees in Montana, North Dakota and Wyoming combined. This suggests that the need for policy to address discrimination may vary across the country. Surveys which seek to document discrimination on the basis of perceived sexual orientation and/or gender identity are often conducted with a pool of self identified LGBT people, making it difficult to ascertain the impact of this type of discrimination on non-LGBT individuals.
Transgender people may experience higher rates of discrimination than the LGB population. A survey of transgender and gender non-conforming people Conducted by the
National Center for Transgender EqualityThe National Center for Transgender Equality is a nonprofit social justice organization, founded in 2003 by transgender activist Mara Keisling...
found 90 percent of respondents experienced harassment, mistreatment or discrimination on the job or took actions like hiding who they are to avoid it. In comparison, a review of studies conducted by the Williams Institute in 2007 found that transgender people experienced employment discrimination at a rate 15 to 57 percent.
It is unclear whether LGBT individuals earn more or less than the general population. In a survey conducted by Harris Interactive, 38 percent of LGBT people report incomes less than $35,000,compared to 33 of all US adults over age 18. Some organizations believe that no such gap exists, and that LGBT people may in fact have higher incomes than non-LGBT families. The
American Family AssociationThe American Family Association is a 501 non-profit organization that promotes conservative Christian values, such as opposition to same-sex marriage, pornography, and abortion, as well as other public policy goals such as deregulation of the oil industry and lobbying against the Employee Free...
(AFA) argues that homosexuals as a class enjoy privileged, rather than disadvantaged economic and cultural positions in society and that their household income is above average.
State law
WisconsinWisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
was the first state to ban employment discrimination based on sexual orientation, in 1982, while
MinnesotaMinnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
was the first state to ban employment discrimination based on
both sexual orientation and gender identity when it passed the Human Rights Act in 1993. Currently, 16 states and the District of Columbia have policies that protect against both
sexual orientationSexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
and
gender identityA gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
discrimination in employment:
CaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
,
ColoradoColorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
,
ConnecticutConnecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
,
HawaiiHawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
,
IllinoisIllinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
,
IowaIowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
,
MaineMaine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
,
MassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
,
MinnesotaMinnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
,
NevadaNevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
,
New JerseyNew Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
(see Law Against Discrimination),
New MexicoNew Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
,
OregonOregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
,
Rhode IslandThe state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
,
VermontVermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, and Washington in the public and private sector. An additional five states --
DelawareDelaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
,
MarylandMaryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
,
New HampshireNew Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
,
New YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, and
WisconsinWisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
-- have state laws that protect against discrimination based on sexual orientation only.
Five states have an executive order, administrative order, or personnel regulation prohibiting discrimination against public employees based on sexual orientation and gender identity:
IndianaIndiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
,
KansasKansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
,
KentuckyThe Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
,
MichiganMichigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, and
PennsylvaniaThe Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
.
DelawareDelaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
,
MarylandMaryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, and
New YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
prohibit discrimination based on gender identity in public employment only. An additional five states prohibit discrimination against public employees based on sexual orientation only:
AlaskaAlaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
,
ArizonaArizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
,
MissouriMissouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
,
MontanaMontana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
and
OhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
.
OhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
previously included gender identity, Governor Kasich let this executive order expire in January 2011.
Fifteen other states have laws that have been interpreted to protect transgender persons.
Local law
A number of cities and counties have implemented non-discrimination laws. As of April 27, 2011, at least 137 cities and counties prohibit discrimination on the basis of gender identity for both public and private employees. By and large, these city and county laws exist in states that already have a statewide non-discrimination policy for sexual orientation and/or gender identity. However, this is not true in all cases. The following localities have local laws prohibiting discrimination on the basis of gender identity in the absence of a comparable state law:
- Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
- Cities: Tucson
Tucson is a city in and the county seat of Pima County, Arizona, United States. The city is located 118 miles southeast of Phoenix and 60 miles north of the U.S.-Mexico border. The 2010 United States Census puts the city's population at 520,116 with a metropolitan area population at 1,020,200...
- Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
- Cities: Dunedin
Dunedin is a city in Pinellas County, Florida, United States. The name comes from Dùn Èideann, the Scottish Gaelic name for Edinburgh, the capital of Scotland. The population was 35,691 at the 2000 census. As of 2004, the population recorded by the U.S. Census Bureau is 36,632...
, GainesvilleGainesville is the largest city in, and the county seat of, Alachua County, Florida, United States as well as the principal city of the Gainesville, Florida Metropolitan Statistical Area . The preliminary 2010 Census population count for Gainesville is 124,354. Gainesville is home to the sixth...
, GulfportGulfport is a city in Pinellas County, Florida and a suburb of St. Petersburg. The population of Gulfport was 12,527 at the 2000 census. As of 2004, the population estimated by the U.S. Census Bureau was 12,740. Gulfport is part of the Tampa-St...
, Key West Key West is a city in Monroe County, Florida, United States. The city encompasses the island of Key West, the part of Stock Island north of U.S. 1 , Sigsbee Park , Fleming Key , and Sunset Key...
, Lake WorthLake Worth is a city in Palm Beach County, Florida, which takes its name from the body of water along its eastern border, originally called "Lake Worth", and now generally known as the Lake Worth Lagoon. The lake itself was named for General William J. Worth, who led U.S. forces during the last...
, Miami BeachMiami Beach is a coastal resort city in Miami-Dade County, Florida, United States, incorporated on March 26, 1915. The municipality is located on a barrier island between the Atlantic Ocean and Biscayne Bay, the latter which separates the Beach from Miami city proper...
, Oakland ParkOakland Park is a city in Broward County, Florida, United States. Originally named Floranada , the town was forced into bankruptcy after the hurricane of 1926. When the town reincorporated, residents chose the name Oakland Park. As of the 2010 census, the population was 41,363, mainly due to...
, TampaTampa is a city in the U.S. state of Florida. It serves as the county seat for Hillsborough County. Tampa is located on the west coast of Florida. The population of Tampa in 2010 was 335,709....
and West Palm BeachWest Palm Beach, is a city located on the Atlantic coast in southeastern Florida and is the most populous city in and county seat of Palm Beach County, the third most populous county in Florida with a 2010 population of 1,320,134. The city is also the oldest incorporated municipality in South Florida...
- Counties: Broward
-2000 Census:As of the census of 2000, there were 1,623,018 people, 654,445 households, and 411,645 families residing in the county. The population density was 1,346 people per square mile . There were 741,043 housing units at an average density of 615 per square mile...
, LeonLeon County is a county located in the state of Florida, named after the Spanish explorer Juan Ponce de León. At the 2010 Census, the population was 275,487. The county seat of Leon County is Tallahassee which also serves as the state capital. The county seat is home to two of Florida's major...
, MonroeMonroe County is a county located in the state of Florida. As of 2000, the population was 79,589. The U.S. Census Bureau 2006 estimate for the county was 74,737....
, Palm BeachPalm Beach County is the largest county in the state of Florida in total area, and third in population. As of 2010, the county's estimated population was 1,320,134, making it the twenty-eighth most populous in the United States...
and VolusiaVolusia County is a county located in the state of Florida. The U.S. Census Bureau 2010 official county's population was 494,593 . Its county seat is DeLand, and its most populous city is currently Deltona....
- Georgia
Georgia has two principal meanings:* Georgia , previously known as:** Georgian Soviet Socialist Republic , part of the Union of Soviet Socialist Republics** Democratic Republic of Georgia...
- Cities: Atlanta
Atlanta is the capital and most populous city in the U.S. state of Georgia. According to the 2010 census, Atlanta's population is 420,003. Atlanta is the cultural and economic center of the Atlanta metropolitan area, which is home to 5,268,860 people and is the ninth largest metropolitan area in...
and DecaturDecatur is a city in, and county seat of, DeKalb County, Georgia, United States. With a population of 19,335 in the 2010 census, the city is sometimes assumed to be larger since multiple zip codes in unincorporated DeKalb County bear the Decatur name...
- Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
- Cities: Bloomington
Bloomington is a city in and the county seat of Monroe County in the southern region of the U.S. state of Indiana. The population was 80,405 at the 2010 census....
and IndianapolisIndianapolis is the capital of the U.S. state of Indiana, and the county seat of Marion County, Indiana. As of the 2010 United States Census, the city's population is 839,489. It is by far Indiana's largest city and, as of the 2010 U.S...
- Counties: Marion
Marion County is a county located in the U.S. state of Indiana. Census 2010 recorded a population of 903,393, making it the largest county in the state and 55th most populated county in the country, greater than the population of six states. The county seat is Indianapolis, the state capital and...
and MonroeAs of the census of 2010, there were 137,974 people, 46,898 households, and 24,715 families residing in the county. The population density was 306 people per square mile . There were 50,846 housing units at an average density of 129 per square mile...
- Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
- Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
- Counties: Baltimore
Baltimore County is a county located in the northern part of the US state of Maryland. In 2010, its population was 805,029. It is part of the Baltimore-Washington Metropolitan Area. Its county seat is Towson. The name of the county was derived from the barony of the Proprietor of the Maryland...
and MontgomeryMontgomery County is a county in the U.S. state of Maryland, situated just to the north of Washington, D.C., and southwest of the city of Baltimore. It is one of the most affluent counties in the United States, and has the highest percentage of residents over 25 years of age who hold post-graduate...
- Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
- Cities: Ann Arbor
Ann Arbor is a city in the U.S. state of Michigan and the county seat of Washtenaw County. The 2010 census places the population at 113,934, making it the sixth largest city in Michigan. The Ann Arbor Metropolitan Statistical Area had a population of 344,791 as of 2010...
, DetroitDetroit is the major city among the primary cultural, financial, and transportation centers in the Metro Detroit area, a region of 5.2 million people. As the seat of Wayne County, the city of Detroit is the largest city in the U.S. state of Michigan and serves as a major port on the Detroit River...
, East LansingEast Lansing is a city in the U.S. state of Michigan. The city is located directly east of Lansing, Michigan, the state's capital. Most of the city is within Ingham County, though a small portion lies in Clinton County. The population was 48,579 at the time of the 2010 census, an increase from...
, FerndaleFerndale is adjacent to the cities of Detroit to the south, Oak Park to the west, Hazel Park to the east, Pleasant Ridge to the north, Royal Oak Township to the southwest, and Royal Oak to the north....
, Grand RapidsGrand Rapids is a city in the U.S. state of Michigan. The city is located on the Grand River about 40 miles east of Lake Michigan. As of the 2010 census, the city population was 188,040. In 2010, the Grand Rapids metropolitan area had a population of 774,160 and a combined statistical area, Grand...
, Huntington WoodsHuntington Woods is a city in southern Oakland County in the U.S. state of Michigan. The population was 6,238 at the 2010 census. Huntington Woods is an inner suburb of Detroit and is bounded by Ten Mile and Eleven Mile Roads to the north and south, and by Coolidge Highway and Woodward Avenue to...
, KalamazooThe area on which the modern city stands was once home to Native Americans of the Hopewell culture, who migrated into the area sometime before the first millennium. Evidence of their early residency remains in the form of a small mound in downtown's Bronson Park. The Hopewell civilization began to...
, LansingLansing is the capital of the U.S. state of Michigan. It is located mostly in Ingham County, although small portions of the city extend into Eaton County. The 2010 Census places the city's population at 114,297, making it the fifth largest city in Michigan...
, SaugatuckSaugatuck is a city in Allegan County in the U.S. state of Michigan. The population was 925 at the 2010 census. The city is within Saugatuck Township, but is administratively autonomous....
and YpsilantiYpsilanti is a city in Washtenaw County in the U.S. state of Michigan. As of the 2000 census, the city population was 22,362. The city is bounded to the north by the Charter Township of Superior and on the west, south, and east by the Charter Township of Ypsilanti...
- Towns: Saugatuck Township
Saugatuck Township is a civil township of Allegan County in the U.S. state of Michigan. The population was 3,590 at the 2000 census. The 2008 population estimate is 3,065...
- Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
- Cities: Missoula
Missoula is a city located in western Montana and is the county seat of Missoula County. The 2010 Census put the population of Missoula at 66,788 and the population of Missoula County at 109,299. Missoula is the principal city of the Missoula Metropolitan Area...
- New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
- Cities: Albany
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
, BuffaloBuffalo is the second most populous city in the state of New York, after New York City. Located in Western New York on the eastern shores of Lake Erie and at the head of the Niagara River across from Fort Erie, Ontario, Buffalo is the seat of Erie County and the principal city of the...
, IthacaThe city of Ithaca, is a city in upstate New York and the county seat of Tompkins County, as well as the largest community in the Ithaca-Tompkins County metropolitan area...
, New York CityNew York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
and RochesterRochester is a city in Monroe County, New York, south of Lake Ontario in the United States. Known as The World's Image Centre, it was also once known as The Flour City, and more recently as The Flower City...
- Counties: Suffolk
Suffolk County is a county located in the U.S. state of New York on the eastern portion of Long Island. As of the 2010 census, the population was 1,493,350. It was named for the county of Suffolk in England, from which its earliest settlers came...
and TompkinsTompkins County is a county located in the U.S. state of New York, and comprises the whole of the Ithaca metropolitan area. As of the 2010 census, the population was 101,564. The county seat is Ithaca, and the county is home to Cornell University, Ithaca College and Tompkins Cortland Community...
- Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
- Cities: Akron
Akron , is the fifth largest city in the U.S. state of Ohio and the county seat of Summit County. It is located in the Great Lakes region approximately south of Lake Erie along the Little Cuyahoga River. As of the 2010 census, the city had a population of 199,110. The Akron Metropolitan...
, Bowling GreenBowling Green is the county seat of Wood County in the U.S. state of Ohio. At the time of the 2010 census, the population of Bowling Green was 30,028. It is part of the Toledo, Ohio Metropolitan Statistical Area. Bowling Green is the home of Bowling Green State University...
, CincinnatiCincinnati is a city in the U.S. state of Ohio. Cincinnati is the county seat of Hamilton County. Settled in 1788, the city is located to north of the Ohio River at the Ohio-Kentucky border, near Indiana. The population within city limits is 296,943 according to the 2010 census, making it Ohio's...
, ClevelandCleveland is a city in the U.S. state of Ohio and is the county seat of Cuyahoga County, the most populous county in the state. The city is located in northeastern Ohio on the southern shore of Lake Erie, approximately west of the Pennsylvania border...
, ColumbusColumbus is the capital of and the largest city in the U.S. state of Ohio. The broader metropolitan area encompasses several counties and is the third largest in Ohio behind those of Cleveland and Cincinnati. Columbus is the third largest city in the American Midwest, and the fifteenth largest city...
, DaytonDayton is the 6th largest city in the U.S. state of Ohio and the county seat of Montgomery County, the fifth most populous county in the state. The population was 141,527 at the 2010 census. The Dayton Metropolitan Statistical Area had a population of 841,502 in the 2010 census...
, OxfordOxford is a city in northwestern Butler County, Ohio, United States, in the southwestern portion of the state. It lies in Oxford Township, originally called the College Township. The population was 21,943 at the 2000 census. This college town was founded as a home for Miami University. Oxford...
and ToledoToledo is the fourth most populous city in the U.S. state of Ohio and is the county seat of Lucas County. Toledo is in northwest Ohio, on the western end of Lake Erie, and borders the State of Michigan...
- Villages: Yellow Springs
Yellow Springs is a village in Greene County, Ohio, United States, and is the location of Antioch College and Antioch University Midwest. The population was 3,487 at the 2010 census...
- County: Summit
Summit County is an urban county located in the state of Ohio, United States. As of the 2000 census, the population was 542,899. In the 2010 Census the population was 541,781. Its county seat is Akron...
- Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
- Cities: Allentown
Allentown is a city located in Lehigh County, Pennsylvania, in the United States. It is Pennsylvania's third most populous city, after Philadelphia and Pittsburgh, and the 215th largest city in the United States. As of the 2010 census, the city had a total population of 118,032 and is currently...
, EastonEaston is a city in Northampton County, Pennsylvania, United States. The population was 26,800 as of the 2010 census. It is the county seat of Northampton County....
, HarrisburgHarrisburg is the capital of Pennsylvania. As of the 2010 census, the city had a population of 49,528, making it the ninth largest city in Pennsylvania...
, PhiladelphiaPhiladelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
, PittsburghPittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...
, ScrantonScranton is a city in the northeastern part of Pennsylvania, United States. It is the county seat of Lackawanna County and the largest principal city in the Scranton/Wilkes-Barre metropolitan area. Scranton had a population of 76,089 in 2010, according to the U.S...
, SwarthmoreSwarthmore is a borough in Delaware County, Pennsylvania, United States. Swarthmore was originally named Westdale in honor of noted painter Benjamin West, who was one of the early residents of the town. The name was changed to Swarthmore after the establishment of Swarthmore College...
and YorkYork, known as the White Rose City , is a city located in York County, Pennsylvania, United States which is in the South Central region of the state. The population within the city limits was 43,718 at the 2010 census, which was a 7.0% increase from the 2000 count of 40,862...
- Towns: Lansdowne
Lansdowne is a borough in Delaware County, Pennsylvania, United States located southwest of downtown Philadelphia. It was named for the Marquess of Lansdowne. The borough grew quickly in the early part of the twentieth century when a railroad stop was established near the intersection of...
, New HopeNew Hope, formerly known as Coryell's Ferry, is a borough in Bucks County, Pennsylvania, USA. The population was 2,528 at the 2010 census. The borough lies on the west bank of the Delaware River at its confluence with Aquetong Creek. A two-lane bridge carries automobile and foot traffic across the...
, State CollegeState College is the largest borough in Centre County in the U.S. state of Pennsylvania. It is the principal city of the State College, Pennsylvania Metropolitan Statistical Area which encompasses all of Centre County. As of the 2010 census, the borough population was 42,034, and roughly double...
and West ChesterThe Borough of West Chester is the county seat of Chester County, Pennsylvania, United States. The population was 18,461 at the 2010 census.Valley Forge, the Brandywine Battlefield, Longwood Gardens, Marsh Creek State Park, and other historical attractions are near West Chester...
- Counties: Erie
Erie County is a county located in the U.S. state of Pennsylvania. As of 2010, the population was 280,566. Its county seat is the City of Erie.- Geography :...
- South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
- Cities: Charleston
Charleston is the second largest city in the U.S. state of South Carolina. It was made the county seat of Charleston County in 1901 when Charleston County was founded. The city's original name was Charles Towne in 1670, and it moved to its present location from a location on the west bank of the...
and ColumbiaColumbia is the state capital and largest city in the U.S. state of South Carolina. The population was 129,272 according to the 2010 census. Columbia is the county seat of Richland County, but a portion of the city extends into neighboring Lexington County. The city is the center of a metropolitan...
- Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
- Cities: Austin
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
, DallasDallas is the third-largest city in Texas and the ninth-largest in the United States. The Dallas-Fort Worth Metroplex is the largest metropolitan area in the South and fourth-largest metropolitan area in the United States...
, El PasoEl Paso, is a city in and the county seat of El Paso County, Texas, United States, and lies in far West Texas. In the 2010 census, the city had a population of 649,121. It is the sixth largest city in Texas and the 19th largest city in the United States...
and Fort WorthFort Worth is the 16th-largest city in the United States of America and the fifth-largest city in the state of Texas. Located in North Central Texas, just southeast of the Texas Panhandle, the city is a cultural gateway into the American West and covers nearly in Tarrant, Parker, Denton, and...
- Counties: Dallas
As of the census of 2000, there were 2,218,899 people, 807,621 households, and 533,837 families residing in the county. The population density was 2,523 people per square mile . There were 854,119 housing units at an average density of 971/sq mi...
- Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
- Cities: Logan
-Layout of the City:Logan's city grid originates from its Main and Center Street block, with Main Street running north and south, and Center east and west. Each block north, east, south, or west of the origin accumulates in additions of 100 , though some streets have non-numeric names...
, Park CityPark City is a town in Summit and Wasatch counties in the U.S. state of Utah. It is considered to be part of the Wasatch Back. The city is southeast of downtown Salt Lake City and from Salt Lake City's east edge of Sugar House along Interstate 80. The population was 7,558 at the 2010 census...
, Salt Lake City and West Valley
- Counties: Salt Lake
Salt Lake County is a county located in the U.S. state of Utah. It had a population of 1,029,655 at the 2010 census. Its county seat and largest city is Salt Lake City, the state capital. It occupies Salt Lake Valley, as well as parts of the surrounding mountains, the Oquirrh Mountains to the west...
and SummitSummit County is a county located in the U.S. state of Utah, occupying a rugged and mountainous area. In 2010 its population was 36,324. It is part of the Salt Lake City Metropolitan Statistical Area as well as the Salt Lake City–Ogden–Clearfield Combined Statistical Area. The county is...
- Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
- Cities: Madison
Madison is the capital of the U.S. state of Wisconsin and the county seat of Dane County. It is also home to the University of Wisconsin–Madison....
and MilwaukeeMilwaukee is the largest city in the U.S. state of Wisconsin, the 28th most populous city in the United States and 39th most populous region in the United States. It is the county seat of Milwaukee County and is located on the southwestern shore of Lake Michigan. According to 2010 census data, the...
- Counties: Dane
As of the census of 2000, there were 426,526 people, 173,484 households, and 100,794 families residing in the county. The population density was 355 people per square mile . There were 180,398 housing units at an average density of 150 per square mile...
- West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
- Cities: Charleston
Charleston is the capital and largest city of the U.S. state of West Virginia. It is located at the confluence of the Elk and Kanawha Rivers in Kanawha County. As of the 2010 census, it has a population of 51,400, and its metropolitan area 304,214. It is the county seat of Kanawha County.Early...
Federal employees
As with other employers in most states, there is no federal statute addressing employment discrimination based on sexual orientation or gender identity in the
federal governmentThe federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
. However, in 1998, the administration of President
Bill ClintonWilliam Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
interpreted the
Civil Service Reform Act of 1978The Civil Service Reform Act of 1978, , reformed the civil service of the United States federal government.The Civil Service Reform Act of 1978 abolished the U.S...
, prohibiting federal government workplace discrimination "on the basis of conduct not related to job performance", as meaning sexual orientation [as a factor not related to job performance], and issued an executive order to more strongly cover the executive branch, over which the President has more control. In 2009 Barack Obama did the same for gender identity. However, remedies pursued under this law are limited.
Existing workplace policies
Many large companies already provide equal rights and benefits to their lesbian, gay, bisexual and transgender employees, as measured by the
Human Rights CampaignThe Human Rights Campaign is the United States' largest LGBT advocacy group and lobbying organization; according to the HRC, it has more than one million members and supporters...
(HRC) through their Corporate Equality Index. The 2011 report found that 337 large companies received a 100% rating. These businesses employ a total of over 8.3 million full-time U.S. workers. When the Rights Campaign’s Corporate Equality Index was first utilized in 2002, 13 companies were rated 100 percent. Additionally, each year, corporations send thousands of employees to the
Out & EqualOut & Equal Workplace Advocates is a United States non-profit organization headquartered in San Francisco, California....
Regional Summit, a conference that intends to create a more inclusive work environment for lesbian, gay, bisexual and transgender employees. Furthermore, there are workplace resources for how allies can create a more inclusive work environment, including programs available through PFLAG and the
Out & EqualOut & Equal Workplace Advocates is a United States non-profit organization headquartered in San Francisco, California....
publication,
Allies at Work, by
David M. HallDavid M. Hall is a writer and corporate trainer. Hall is most notable for his book, Allies at Work: Creating a Lesbian, Gay, Bisexual and Transgender Inclusive Work Environment. Lisa Sherman, Vice President of Logo , has said that "Allies at Work should be required reading for every corporate...
.
Widespread adoption of private workplace policies may be motivated by good business sense, the Williams Institute suggests. Its conclusion is based on a set of studies that show that lesbians and gay men who have come out at work report lower levels of anxiety, less conflict between work and personal life, greater job satisfaction, more sharing of employers' goals, higher levels of satisfaction with their co-workers, more self-esteem, and better physical health.
Current version provisions
The current version of the bill under consideration in Congress would prohibit private employers with more than 15 employees from discriminating on the basis of sexual orientation or gender identity.
Religious organizations are provided a special exception to this protection, similar to the principles of the Civil Rights Act. Non-profit membership-only clubs (except labor unions) are likewise not bound to this rule.
The bill defines that service in the military is not "employment" and thus it does not affect the
Don't ask, don't tell"Don't ask, don't tell" was the official United States policy on homosexuals serving in the military from December 21, 1993 to September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while...
(DADT) policy of the United States military. DADT was repealed by the
Don't Ask, Don't Tell Repeal Act of 2010The Don't Ask, Don't Tell Repeal Act of 2010 is a landmark federal statute that establishes a legal process for ending the Don't ask, don't tell policy , which since 1993 prevented openly gay and lesbian people from serving in the United States Armed Forces.The Act did not immediately repeal the...
, signed by President Barack Obama on December 22, 2010. DADT will remain in place until President Obama, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff can certify that repeal will not harm military readiness, followed by a 60-day waiting period. On April 8, 2011, Adm. Gary Roughead, chief of naval operations reported to the House Armed Services Committee that "Our training is going very well." "In those areas that we detected that there may be some areas of moderate risk...it is not at the level that we had originally forecasted." The training may be completed as early as June 2011.
103rd through 108th Congresses
While the first bill on the subject of sexual orientation discrimination was introduced in Congress in 1974, the first bill using the current title of "Employment Non-Discrimination Act" was introduced in 1994. It failed in 1994 and 1995, though by 1996, missed passage in the Senate by a 49-50 vote. Versions of ENDA introduced in the 103rd through 108th Congresses did not include provisions that protect
transgenderTransgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
people from discrimination.
110th Congress
In the
110th United States CongressThe One Hundred Tenth United States Congress was the meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the second term of President George W. Bush. It was composed of the Senate and the House of...
there were two versions of the bill:, introduced on April 24, 2007 by Representatives
Barney FrankBarney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
, Chris Shays,
Tammy BaldwinTammy Suzanne Green Baldwin is the U.S. Representative for Wisconsin's 2nd congressional district, serving since 1999. She is a member of the Democratic Party. In September 2011, Baldwin announced she would be a candidate in the 2012 U.S...
, and
Deborah PryceDeborah D. Pryce is an American politician from Ohio and former Republican member of the United States House of Representatives for Ohio's 15th congressional district, which includes the western half of Columbus and the surrounding suburbs.She is divorced from Randy Walker and now lives in Upper...
,
does include
gender identityA gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
within its protections; and, introduced by Representative Frank on September 27, 2007 and passed by the Education and Labor Committee on October 18, does
not include
gender identityA gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
within its scope. On November 7, 2007, H.R. 3685 was passed by the House of Representatives by a vote of 235 to 184 (14 members did not vote).
Under both versions, the bill provided employment protections similar to those of the
Civil Rights Act of 1964The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
(the employment section is also known as "Title VII"), but specifically directed to gay, lesbian, bisexual (and under HR 2015, transgender) employees. The bills were different from Title VII in that they contained exemptions concerning employer dress codes.
does contain provisions that protect
transgenderTransgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
people from discrimination, including a specific definition of gender identity, as well as exemptions for employer dress codes and locker rooms The bill defines
gender identityA gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
as "gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth." The bill also specifically allowed employers to require adherence "to the same dress or grooming standards for the gender to which the employee has transitioned or is transitioning."
After H.R. 2015 died in committee, Frank proposed two new bills: one that contained only prohibitions on sexual orientation discrimination, , and a second that contained only prohibitions on gender identity discrimination. Some LGBT activist organizations responded by refusing to support H.R. 3685. An exception was the
Human Rights CampaignThe Human Rights Campaign is the United States' largest LGBT advocacy group and lobbying organization; according to the HRC, it has more than one million members and supporters...
.
Some in the LGBT community argued that not including transgender people would undermine the underlying principle of ENDA, which is that fairness is a fundamental American principle. In addition, they claimed that failure to include gender identity/expression would weaken the protection for the portion of the gay population that they felt needed it most: gender non-conforming gays, who they claimed are discriminated against in greater numbers than their gender-conforming compatriots. Others in the community argued that this was ENDA's best chance of passing Congress since the bill was conceived thirty years ago, that civil rights victories have historically always been incremental, that concerns about the legislation's protections were unfounded, and that forgoing a chance to immediately provide workplace protections to millions of lesbian, gay and bisexual Americans was both politically and morally wrong.
House
The Washington Blade reported on June 17, 2009 that Rep.
Barney FrankBarney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
(D-MA) had announced plans to introduce an ENDA bill that includes gender identity in June 2009, with original cosponsors slated to include 4 Republicans. The lead Republican cosponsor is Rep.
Ileana Ros-LehtinenIleana Ros-Lehtinen is the U.S. Representative for , serving since 1989. She is a member of the Republican Party....
(R-FL).
On June 24, 2009, Rep.
Barney FrankBarney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
introduced to ban workplace discrimination based on sexual orientation and gender identity. The Advocate reported that "the 2009 Employment Nondiscrimination Act (ENDA) has 114 original cosponsors, up from 62 cosponsors for the trans-inclusive bill of 2007."
Republican Main Street PartnershipThe Republican Main Street Partnership is a group of moderate members of the United States Republican Party. They tend away from the dominant social conservatism of many Republicans and towards a moderate fiscal conservatism and limited government to a degree. The group is the rough equivalent of...
members
Mark KirkMark Steven Kirk is the junior United States Senator from Illinois and a member of the Republican Party. Previously, Kirk was a member of the United States House of Representatives, representing Illinois's 10th congressional district....
(R-IL), Mike Castle (R-DE),
Todd Russell PlattsTodd Russell Platts is the U.S. Representative for , serving since 2001. He is a member of the Republican Party.The district is located in south-central Pennsylvania, encompassing all of York and Adams Counties, and a large portion of Cumberland County...
(R-PA),
Judy BiggertJudith Borg "Judy" Biggert is the U.S. Representative for , serving since 1999. She is a member of the Republican Party.-Early life, education and career:...
(R-IL), and
Leonard LanceLeonard Lance is the U.S. Representative for , serving since 2009. He is a member of the Republican Party. He previously served in the New Jersey Senate and the New Jersey General Assembly....
(R-NJ) were among the original cosponsors. Earlier in June Frank had introduced for the same purpose. H.R. 3017 was referred to the House Education and Labor Committee; a hearing was held before the committee on September 23, 2009 but no further action was taken.
At the end of the 111th Congress, H.R. 3017 had 203 cosponsors in the House.
Senate
The Washington Blade reported on August 5, 2009 that Sen.
Jeff MerkleyJeffrey Alan "Jeff" Merkley is the junior United States Senator from Oregon. A member of the Democratic Party, Merkley was a five-term member of the Oregon Legislative Assembly representing House District 47, located in eastern Multnomah County within the Portland city limits...
introduced an ENDA bill that included gender identity, with 38 original cosponsors including Sens.
Ted KennedyEdward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
(D-MA),
Susan CollinsSusan Margaret Collins is the junior United States Senator from Maine and a member of the Republican Party. First elected to the Senate in 1996, she is the ranking member of the Senate Committee on Homeland Security and Governmental Affairs...
(R-ME),
Olympia SnoweOlympia Jean Snowe , née Bouchles, is the senior United States Senator from Maine and a member of the Republican Party. Snowe has become widely known for her ability to influence the outcome of close votes, including whether to end filibusters. She and her fellow Senator from Maine, Susan Collins,...
(R-ME) and Chris Dodd (D-CT), according to a statement released by Merkley’s office. Sen. Merkley was quoted by
The AdvocateThe Advocate is an American LGBT-interest magazine, printed monthly and available by subscription. The Advocate brand also includes a web site. Both magazine and web site have an editorial focus on news, politics, opinion, and arts and entertainment of interest to LGBT people...
as noting that while he has yet to consult with others, “[i]t’s certainly possible that this could be passed by year’s end, though the [congressional] schedule is very crowded."
Blue Oregon, a progressive Oregon blog, commented on the suitability of Sen. Merkley to be lead sponsor of ENDA, noting that as Speaker of the Oregon House of Representatives Merkley had successfully guided Oregon's state version of ENDA, the Oregon Equality Act, to become law.
As of March 13, 2010, S. 1584 had 45 co-sponsors and was pending before the
Health, Education, Labor, and Pensions (HELP) CommitteeThe United States Senate Committee on Health, Education, Labor, and Pensions generally considers matters relating to health, education, labor, and pensions...
. A hearing was held before the committee on November 5, 2009.
112th Congress
On April 6, 2011, Rep.
Barney FrankBarney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
introduced an ENDA bill to the 112th Congress House of Representatives to ban workplace discrimination based on sexual orientation and gender identity.
On April 14, 2011, Sen.
Jeff MerkleyJeffrey Alan "Jeff" Merkley is the junior United States Senator from Oregon. A member of the Democratic Party, Merkley was a five-term member of the Oregon Legislative Assembly representing House District 47, located in eastern Multnomah County within the Portland city limits...
introduced an ENDA bill to the 112th Congress Senate. The bill had 39 original cosponsors.
Arguments in favor of ENDA
Most proponents of the law intend it to address cases where
gayGay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
,
lesbianLesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
, bisexual, and
transgenderTransgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
employees have been discriminated against by their employers because of their sexual orientation or gender identity. Currently, these employees are unable to find protection in the
courtA court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s because sexual orientation is not considered to be a suspect class by the
federal courtsThe United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
and by many U.S. states. Proponents argue that such a law is appropriate in light of the
United States ConstitutionThe Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
's guarantees of equal protection and
due processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
to all. Advocates argue that homosexuality is not a “choice” but a personal identity, a claim supported by the American Psychology Association (APA), and that all working people have a right to be judged by the quality of their work performance and not by completely unrelated factors. According to a study published in 2001 by the Williams Institute at the UCLA School of Law, reports of discrimination based on sexual orientation are roughly equal to those on race or gender. The APA also states that there is significant discrimination against homosexuals in the workforce. There are also studies showing that local anti-discrimination laws are ineffective, and federal law is needed.
Cost estimates from the Congressional Budget Office from 2002 show that the EEOC estimated that their complaint caseload would rise by only 5 to 7%. Assessments of the impact of comparable state policies also show a minimal impact on caseload. Regarding constitutionality, the act incorporates language similar to that of Title VII of the
Civil Rights Act of 1964The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
, which has consistently been upheld by the courts.
Gay people as a “protected class”
Opponents of ENDA sometimes argue that gay people should not be considered a “
protected classProtected class is a term used in United States anti-discrimination law. The term describes characteristics or factors which can not be targeted for discrimination and harassment...
of employees” by law. However, ENDA would not protect "homosexuals" as a class; rather, the law would ban discrimination in employment based on any sexual orientation (including heterosexual orientation). Consumer surveys show that self-identified gay individuals likely have higher incomes than the average US household,
and ENDA opponents argue that many gay people hold positions of cultural influence as well. The conservative Christian organization
American Family AssociationThe American Family Association is a 501 non-profit organization that promotes conservative Christian values, such as opposition to same-sex marriage, pornography, and abortion, as well as other public policy goals such as deregulation of the oil industry and lobbying against the Employee Free...
's (AFA) Journal concluded in 2007 that there was “no real problem of discrimination against homosexuals.” Additionally, AFA is concerned about how non-discrimination laws impact religious organizations. The organization cites a lack of clarity around whether the narrow exemption would apply to support staff and lay employees in addition to churches and clergy.
Transgender protection
The Traditional Values Coalition bases its argument against additional legal protections for gender identity on fears that it will have a negative impact on school children, claiming that ENDA would threaten a stable and supportive learning environment. A non-discrimination policy would eliminate schools' ability to discriminate against transgender teachers. Likewise, the Traditional Values Coalition is concerned that parents are not being adequately informed of the presence of transgender teachers in their children's classrooms. It argues that children should not be “subjected to [a transgendered] man’s [sic] bizarre sexual transformation,” as it claims transgender individuals are “seriously mentally disturbed.” The Traditional Values Coalition argues that individuals cannot change their sex, even with surgery, and do not believe it is possible to successfully transition from one sex to another.
History
On May 14, 1974, the fifth anniversary of the Stonewall Rebellion, Representatives
Bella AbzugBella Savitsky Abzug was an American lawyer, Congresswoman, social activist and a leader of the Women's Movement. In 1971, Abzug joined other leading feminists such as Gloria Steinem and Betty Friedan to found the National Women's Political Caucus...
and
Ed KochEdward Irving "Ed" Koch is an American lawyer, politician, and political commentator. He served in the United States House of Representatives from 1969 to 1977 and three terms as mayor of New York City from 1978 to 1989...
introduced H.R. 14752, the "Gay Rights Bill." The bill would have added "sexual orientation" to the
Civil Rights Act of 1964The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
.
In the early 1990s, a new strategy emerged. Rather than trying to obtain all of the rights in the Civil Rights Act, the legislative efforts focused on employment rights, and the "Equality Act" was renamed the "Employment Non-Discrimination Act," (H.R. 4636/S.2238) and introduced by Rep.
Gerry StuddsGerry Eastman Studds was an American Democratic Congressman from Massachusetts who served from 1973 until 1997. He was the first openly gay member of Congress in the U.S. In 1983 he was censured by the House of Representatives after he admitted to having had an affair with a 17-year-old page in...
on June 23, 1994. [Congressional Record, 103rd Congress, 2d Session, 140 Cong. Rec. E 1311; Vol. 140 No. 81 (June 23, 1994).] The legislation failed in 1994 and 1995. In 1996, the bill came within one vote passage in the Senate and was not voted on in the House, its success perhaps spurred by backlash from the recently passed DOMA, the "
Defense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
" that permitted the states and mandated the federal government to ignore same sex marriages from other states. HRC sets out the timeline of ENDA introductions.
Legislative history
| Congress |
Short title |
Bill number(s) |
Gender identity included? |
Date introduced |
Sponsor(s) |
# of cosponsors |
Latest status |
| 112th Congress |
Employment Non-Discrimination Act |
|
Yes |
April 6, 2011 |
Rep. Barney FrankBarney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
(D-MA) |
154 |
Referred to the Education and the Workforce The Committee on Education and the Workforce is a standing committee of the United States House of Representatives. From 1947 until 1994 and again from 2007 to 2011, during Democratic control of the House, it was known as the Committee on Education and Labor.-History of the Committee:Attempts were...
, House AdministrationThe United States House Committee on House Administration deals with the general administration matters of the United States House of Representatives.-Jurisdiction:...
, Oversight and Government Reform, and JudiciaryThe U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...
committees. |
| |
Yes |
April 14, 2011 |
Sen. Jeff MerkleyJeffrey Alan "Jeff" Merkley is the junior United States Senator from Oregon. A member of the Democratic Party, Merkley was a five-term member of the Oregon Legislative Assembly representing House District 47, located in eastern Multnomah County within the Portland city limits...
(D-OR) |
41 |
Referred to the Health, Education, Labor, and Pensions The United States Senate Committee on Health, Education, Labor, and Pensions generally considers matters relating to health, education, labor, and pensions...
committee. |
| 111th Congress |
Employment Non-Discrimination Act of 2009 |
|
Yes |
June 24, 2009 |
Rep. Barney FrankBarney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
(D-MA) |
203 |
Died in the Judiciary The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...
, House AdministrationThe United States House Committee on House Administration deals with the general administration matters of the United States House of Representatives.-Jurisdiction:...
, Education and Labor, and Oversight and Government Reform committees. Hearings held September 23, 2009 in Education and Labor committee. |
| |
Yes |
June 19, 2009 |
Rep. Barney FrankBarney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
(D-MA) |
12 |
Died in the House Judiciary Committee |
| |
Yes |
August 5, 2009 |
Sen. Jeff MerkleyJeffrey Alan "Jeff" Merkley is the junior United States Senator from Oregon. A member of the Democratic Party, Merkley was a five-term member of the Oregon Legislative Assembly representing House District 47, located in eastern Multnomah County within the Portland city limits...
(D-OR) |
45 |
Died in the Senate Health, Education, Labor, and Pensions Committee The United States Senate Committee on Health, Education, Labor, and Pensions generally considers matters relating to health, education, labor, and pensions...
Hearings held November 5, 2009. |
| 110th Congress |
Employment Non-Discrimination Act of 2007 |
|
Yes |
April 24, 2007 |
Rep. Barney FrankBarney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
(D-MA) |
184 |
Died in the House Subcommittee on the Constitution, Civil Rights and Civil Liberties The Subcommittee on the Constitution is one of five subcommittees of the United States House Committee on the Judiciary.-Jurisdiction:According to the official website:...
|
| |
No |
September 27, 2007 |
Rep. Barney FrankBarney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
(D-MA) |
9 |
Passed the House (235-184), died in the Senate |
| 108th Congress |
Employment Non-Discrimination Act of 2003 |
|
No |
October 8, 2003 |
Rep. Christopher ShaysChristopher H. Shays is an American politician. He was a Republican member of the United States House of Representatives and represented the 4th District of Connecticut....
(R-CT) |
180 |
Died in the House Subcommittee on Employer-Employee Relations The House Subcommittee on Health, Employment, Labor, and Pensions is a standing subcommittee within the United States House Committee on Education and the Workforce...
|
| |
No |
October 2, 2003 |
Sen. Ted KennedyEdward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
(D-MA) |
43 |
Died in the Senate Committee on Health, Education, Labor, and Pensions The United States Senate Committee on Health, Education, Labor, and Pensions generally considers matters relating to health, education, labor, and pensions...
|
| 107th Congress |
Employment Non-Discrimination Act of 2001 |
|
No |
July 31, 2001 |
Rep. Christopher ShaysChristopher H. Shays is an American politician. He was a Republican member of the United States House of Representatives and represented the 4th District of Connecticut....
(R-CT) |
193 |
Died in the House Subcommittee on Employer-Employee Relations |
| |
No |
July 31, 2001 |
Sen. Ted KennedyEdward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
(D-MA) |
44 |
Died in the Senate |
| 106th Congress |
Employment Non-Discrimination Act of 1999 |
|
No |
June 24, 1999 |
Rep. Christopher ShaysChristopher H. Shays is an American politician. He was a Republican member of the United States House of Representatives and represented the 4th District of Connecticut....
(R-CT) |
173 |
Died in the House Subcommittee on Employer-Employee Relations |
| |
No |
June 24, 1999 |
Sen. Jim JeffordsJames Merrill "Jim" Jeffords is a former U.S. Senator from Vermont. He served as a Republican until 2001, when he left the party to become an independent. He retired from the Senate in 2006.-Background:...
(R-VT) |
36 |
Died in the Senate Committee on Health, Education, Labor, and Pensions |
| 105th Congress |
Employment Non-Discrimination Act of 1997 |
|
No |
June 10, 1997 |
Rep. Christopher ShaysChristopher H. Shays is an American politician. He was a Republican member of the United States House of Representatives and represented the 4th District of Connecticut....
(R-CT) |
140 |
Died in the House Subcommittee on Employer-Employee Relations |
| |
No |
June 10, 1997 |
Sen. Jim JeffordsJames Merrill "Jim" Jeffords is a former U.S. Senator from Vermont. He served as a Republican until 2001, when he left the party to become an independent. He retired from the Senate in 2006.-Background:...
(R-VT) |
34 |
Died in the Senate Committee on Labor and Human Resources The United States Senate Committee on Health, Education, Labor, and Pensions generally considers matters relating to health, education, labor, and pensions...
|
| 104th Congress |
Employment Non-Discrimination Act of 1995 |
|
No |
June 15, 1995 |
Rep. Gerry Studds Gerry Eastman Studds was an American Democratic Congressman from Massachusetts who served from 1973 until 1997. He was the first openly gay member of Congress in the U.S. In 1983 he was censured by the House of Representatives after he admitted to having had an affair with a 17-year-old page in...
(D-MA) |
142 |
Died in the House Subcommittee on the Constitution The Subcommittee on the Constitution is one of five subcommittees of the United States House Committee on the Judiciary.-Jurisdiction:According to the official website:...
|
| |
No |
June 15, 1995 |
Sen. Jim JeffordsJames Merrill "Jim" Jeffords is a former U.S. Senator from Vermont. He served as a Republican until 2001, when he left the party to become an independent. He retired from the Senate in 2006.-Background:...
(R-VT) |
30 |
Died in the Senate Committee on Labor and Human Resources |
| |
No |
September 5, 1996 |
Sen. Ted KennedyEdward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
(D-MA) |
3 |
Failed in Senate (49-50) |
| 103rd Congress |
Employment Non-Discrimination Act of 1994 |
|
No |
June 23, 1994 |
Rep. Gerry Studds Gerry Eastman Studds was an American Democratic Congressman from Massachusetts who served from 1973 until 1997. He was the first openly gay member of Congress in the U.S. In 1983 he was censured by the House of Representatives after he admitted to having had an affair with a 17-year-old page in...
(D-MA) |
137 |
Died in the House Subcommittee on Select Education and Civil Rights |
| |
No |
July 29, 1994 |
Sen. Ted KennedyEdward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
(D-MA) |
30 |
Died in the Senate Committee on Labor and Human Resources |
External links