Today, the United States Senate passed the Employment Non-Discrimination Act (ENDA). This piece of legislation had laid dormant for some time. It passed the United States House of Representatives in 2007, but was never passed by the Senate. Now that the current version of the bill has passed the Senate, it must go for approval in the House.
ENDA prohibits discrimination based on sexual orientation and sexual identity. In other words, it extends the employment discrimination prohibition of Title VII, which prohibits discrimination based on race, sex, religion or national origin, to those workers who are gay, lesbian, or transgender.
The bill passed the Senate rather easily, including receiving a number of Republican votes. Republicans Susan Collins and Mark Kirk were co-sponsors of the legislation. Republicans Lisa Murkowski and Orin Hatch were also early supporters. Senator Hatch’s support is especially noteworthy, as he is generally not viewed as a more progressive member of the Republican Party. The final vote tally was 64-32, with ten Republicans voting “yes.”
ENDA now goes to the House of Representatives, where it faces a much more uncertain future. Speaker Boehner has indicated that he opposes the bill and likely would not bring it up for a vote. However, the possibility that it could be attached to another piece of legislation still exists.
This is worth keeping our eyes on. ENDA would potentially alter the landscape of employment discrimination law. Now that it has passed the Senate, we must wait on the House. That could be a long wait.