The Employment Non Discrimination Act (ENDA) is a pending legislation that aims to protect employees from discrimination on the basis of gender or sexual preference.
This bill also seeks to protect gay, lesbian, bisexual, and trans-gender employees.
Title VII of the Civil Rights Act of 1964 prohibits any form of discriminatory act on the basis of gender, ethnicity, race, or religion. Employers should not deny employment opportunities or privileges on homosexual or transgender applicants, provided that they meet the job qualifications.
Any employee who has experienced unfair treatment in the hiring, retention, and promotion process on the basis of gender or sexual preference may file a formal discrimination lawsuit.
Title VII of the Civil Rights Act also allows provision of special facilities for transgendered employees. It also suggests employers to allow transgendered employees to adopt the dress code of their new preferred gender.
Employers are encouraged to review all existing laws related to discrimination in the hiring and retaining of LGBT (lesbian, gay, bisexual, and transgender) employees.
Employers may tap the talents of their employees as it would benefit the company.
Advocates of the Employment Non Discrimination Act (ENDA) bill contends that this move will stop the existing discrimination (one example is termination of employment)
in over 30 states of United States on the basis of gender.
Specifically this bill has the following stipulations:
1. The employer should not alter or refuse to give equal compensation to LGBT employees.
2. The employer should not segregate or limit LGBT employees in a way that would affect employee status or emotional condition.
3. Labor Organizations are also prohibited from expelling or excluding LGBT employees on the basis of gender preference.
4. The bill does not apply to Armed Forces members nor affect any existing laws on the Air Force, Army, Coast Guard, Navy, and Marine Corps.
5. It provides leeway on shared facilities or dress code on the preferred gender of the employee.
6. Proposed remedies for LGBT employment discrimination.
7. Recommendation for providing LGBT general welfare program.
Employment Non Discrimination Act (ENDA) aims to stop bias treatment on the promotion and retention status of LGBT employees. It also seeks to extend equal employment opportunities for LGBT job applicants. This bill has undergone several processes in the congress and is seeking to pass the Congress.
Existing laws on veteran's program would not be affected as well as stipulations on sexual harassment.
If you are a LGBT employee and has suffered discrimination, existing federal and state laws may help you assert your rights. Consult a Discrimination Rights today.