Is the ENDA near?
Earlier this week, Representative Barney Frank (D-MA) introduced the Employment Non-Discrimination Act of 2009 (ENDA) (H.R. 2981).
In a nutshell, ENDA would prohibit employers from discriminating on the basis of actual or perceived sexual orientation or gender identity. Some of the highlights:
- Covered Employers. ENDA would apply to employers with 15 or more employees.
- Benefits. Employers would not be required to treat unmarried couples the same as married couples for benefits purposes.
- Shared Facilities. There would be no violation for denying access to shower/dressing facilities.
- Dress Codes. Employers could still enforce “reasonable dress or grooming standards.” Transgender employees could be required “to adhere to the same dress or grooming standards for the gender to which the employee has transitioned or is transitioning.”
- Association. Employers would be barred from taking action based on the sexual orientation or gender identity of “a person with whom the individual associates or has associated.”
- Exceptions. As with Title VII, ENDA would not apply to certain “religious organizations.” It also would not apply to “the relationship between the United States and member of the Armed Forces.”
Frank introduced a similar bill in 2007. The gender identity provisions were later removed to enhance the chances of passage. The modified bill passed the House 235-184 but failed to make it out of the Senate.
Stay tuned to see how this plays out.
