New York Employment Attorneys Blog

As the law stands today, federal law does not forbid discrimination based on sexual orientation in the same way it forbids discrimination based on gender, pregnancy or race. That is why democratic leaders have proposed the Employment Non-Discrimination Act ("ENDA") which failed to move during the 111th Congress.

The idea was then suggested that President Obama could issue an executive order barring federal contractors from engaging in anti-LGBT (Lesbian, Gay, Bi, Transexual) job discrimination. While President Obama said he supported ENDA, White House Press Secretary Jay Carney refused to say whether or not President Obama would issue an executive order on the matter.

This Friday, House Minority Leader and former Speaker Nancy Pelosi (D-CA) endorsed the idea of President Obama issuing this executive order. Others who have voiced support for this potential directive are Jared Polis (D-CO) as well as Tom Harkin (D-IA) and Jeff Merkley (D-OR). "It's time the government stopped doing business with businesses that discriminate against LGBT Americans" said Richard Socarides, president of Equality Matters, a group advocating for gay rights.

Also, for the Washington Blade, an information website dedicated to the gay community, this executive order could complement ENDA even if the legislation is passed. It would provide LGBT people seeking remedies with two different causes of action. The directive would provide recourse through the Department of Labor while ENDA would provide recourse through the EEOC.

On September 25, 2009, the House heard oral arguments in favor of the passing of the Employee Non Discrimination Act. The ENDA would be an important step in amending current employment law to include protection for LGBT employees throughout the country. The bill is aimed at ending discrimination against employees based on their sexual orientation or gender identity.

The arguments for passage included testimony from workers whose employment had been adversely affected by their sexual orientation or gender identity. One state worker in Georgia recalled being let go when she informed her supervisor that she was planning to have gender transition surgery.

This bill is extremely necessary in that currently there is a lapse in any protections for individuals. No federal law currently exists which would protect people from termination or harassment in the work place based on their sexual orientation and gender identity. Rather, individuals must rely on a patchwork of local and state laws to have their rights adequately represented.

The ENDA would function alongside the Civil Rights Act of 1964 and further amendments to help shore up the rights of employees in the workplace. We here at the Harman Firm urge quick action on the ENDA, and help protect the rights of workers everywhere.