Employment Non-Discrimination Act Passes U.S. Senate Committee


Health, Education, Labor & Pensions Committee Passes Bill, 15 to 7

What is ENDA?

In thirty-three states that don’t have legislation prohibiting discrimination in hiring and employment on the basis of sexual orientation or gender identity, it is perfectly legal to fire a LGBT employee solely due to their sexual orientation and gender identity, characteristics completely irrelevant to job performance. The Employment Non-Discrimination Act would finally put in place uniform and comprehensive protections for the LGBT workforce in all fifty states.

Senator Tom Harkin (D-Iowa) submitted to the Committee letters from over one hundred businesses and over 140 religious organizations endorsing ENDA.

The Employment Non-Discrimination Act (ENDA) is legislation that would provide protections in the workplace for LGBT employees.  According to the Williams Institute at UCLA Law, it is estimated that the number of LGBT employees are as follows: seven million in the private sector; one million state and local employees, and 200,000 employees of the federal government. Thirty percent of state and local LGBT employees live in California and New York.

Who is Exempt From ENDA

The current version of the bill #S815 prohibits private employers with more than fifteen employees from discriminating on the basis of sexual orientation or gender identity. Exempt from the legislation are non-profit membership-only clubs, except labor unions, and religious organizations.

Senator Mark Kirk of Illinois is the co-sponsor of the bill along with Senate Majority Leader Harry Reid (D-Nevada), Senator Harkin is the Chairman of the Senate Health, Education, Labor, and Pensions Committee.  

How the Bipartisan Vote Split:

Only Republicans at the hearing were Lamar Alexander (R-TN) and Kirk (R-Il.).  Every Democrat except Casey (Pa) and Hagan (D-NC) were at the ENDA hearing. The Republicans who voted no were  Lamar Alexander, Mike Enzi (Wyo.), Richard Burr (N.C.), Johnny Isakson (Ga.), Rand Paul (Ky), Pat Roberts (Kansas) and Tim Scott (S.C.)  Republican Senators Orrin Hatch, Mark Kirk, and Lisa Murowski voted yes to the passage of ENDA.

History of ENDA

The full Senate may take up the bill in the fall of 2013.  Enda hasn’t had a vote on the House or Senate Floor since November 2007, when it passed the House by 235-184.  It has been introduced in every session of Congress except one since 1994.  Representative Jared Polis, Democrat of  Colorado introduced the bill in the House and Senator Jeff Merkley (D-Or) introduced it in the Senate.

Comments About the Vote on July 10, 2013

Senator Harkin:  “This is a great day, not only for the Committee, but also for America.  It is time, long, past time to prohibit workplace discrimination on the basis of sexual orientation and gender identity.”

Senator Mark Kirk: “ The bill is necessary so gay Americans won’t have that potential cloud of discrimination over them.”

The White House Press Secretary Jay Carney: “We look forward to the full Senate’s consideration of ENDA, and continue to urge the House to move forward on this bill that upholds America’s core values of fairness and equality.”

Senator Orrin Hatch:” I voted for it because it prohibits discrimination that should not occur in the workplace.”

President Obama wants to sign the legislation and is urging quick passage of ENDA.