Is ENDA Necessary? Or Will Title VII of the Civil Rights Act of 1964 Take Care of LGBT Discrimination

One of the major legislative goals of the LGBT rights movement is to get Congress to pass the Employment Non-Discrimination Act (ENDA), a measure that has been pending in Congress in one form or another since 1996 (with predecessor “gay rights” bills having been introduced since the mid-1970s). ENDA would prohibit employment discrimination because of a person’s sexual orientation, gender identity or expression, but would prohibit only intentional discrimination, not employer practices that are neutral … <Read More>

ENDA, Title VII, and Transgender Rights

With a new push to get a floor vote in the Senate on the Employment Non-Discrimination Act (ENDA)  which was approved in committee over the summer, it is timely to consider the potential interaction of ENDA with Title VII of the Civil Rights Act of 1964, the main federal employment discrimination statute signed into law by President Lyndon B. Johnson that went into effect in July 1965.   Title VII prohibits employment discrimination by companies with … <Read More>

Fixing Problems Before They Occur – The Need to Redraft ENDA (the Employment Non-Discrimination Act).

The Employment Non-Discrimination Act (ENDA), a bill now pending in Congress, would make it an unlawful employment practice for employers that are now covered by Title VII of the Civil Rights Act of 1964 to discriminate in hiring, firing and terms and conditions of employment because of the sexual orientation or gender identity or expression of an individual.  The version of the bill introduced in Congress this year uses language almost identical to that found … <Read More>