The Employees Non-Discrimination Act (ENDA), introduced to Congress in June 2009, provides basic protection in the workplace against discrimination on the basis of sexual orientation or gender identity.

Modeled after existing civil rights laws such as the Americans with Disabilities Act, ENDA was proposed because it is currently legal in 29 states to fire an employee based on sexual orientation, and it is legal in 38 states to fire transgender employees based on gender identity.

According to an email from the Human Rights Campaign Legislative Team, “ENDA is necessary because [Lesbian, Gay, Bisexual, and Transgender] people face serious discrimination in employment including being fired from a job, being denied a promotion and experiencing harassment on the job. There is no federal law prohibiting discrimination on the basis of sexual orientation or gender identity.”

Both the Human Rights Campaign (HRC) and the American Civil Liberties Union (ACLU) took proactive measures to increase support for ENDA by sending letters to Congress and creating citizen campaigns for support.

According to its website, the ACLU submitted a letter on Sept. 23, 2009 to the House Committee on Education and Labor to provide evidence of unconstitutional discrimination against employees based upon sexual orientation and gender identity. Letters such as this are included in the Congressional Record to ensure that all employees discriminated against are protected.

If passed, ENDA would apply to Congress and the federal and local governments as an extension of current employment discrimination protections for race, religion, sex, national origin and age. The bill takes sexual orientation and gender identity out of consideration for hiring, firing, promotions or compensations.

“Sexual orientation has no impact on whether a person is most qualified for a job and with our 21st century understanding of sexuality comes a responsibility to end ignorance and homophobia in this country,” said freshman Maeve Tobin, a member of the CHS Gay-Straight Alliance.

According to the HRC website, small businesses are not regulated by the policies in ENDA. Businesses with fewer than 15 employees, religious organizations and the “Don’t Ask, Don’t Tell” military policy are not covered by ENDA.

ENDA’s sponsors are looking for additional support for the bill to ensure that there are enough votes to pass it.

“No one deserves to lose a job because of who they are or who they come home to, especially with the economy being what it is,” Tobin said.

For more information on this issue visit the Human Rights Campaign website at www.hrc.org