A Bill to End Bias Against Gay Workers

ENDA would end discrimination against employees based on sexual orientation and gender identity

21 states already ban sexual-orientation discriminationPhoto illustration by 731; Photograph by Getty Images

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By Timothy R Homan

September 20, 2013 at 4:12 AM UTC

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This article is part of the September 23, 2013 issue of businessweek.

Senate Bill 815 Employment Non-Discrimination Act of 2013

The Essentials
1. It’s illegal to discriminate against employees or job applicants based on their race, religion, national origin, or sex. S. 815, known as ENDA, would add sexual orientation and gender identity to that list. Workers could file claims with the U.S. Equal Employment Opportunity Commission and sue if they believed an employer had discriminated against them for being or appearing to be lesbian, gay, bisexual, or transgender. Religious organizations and the U.S. military could not be sued.

2. Lawmakers have considered extending civil rights protections to gay and lesbian workers since 1994 and to transgender employees since 2007. None of the many bills that have been introduced gained enough support to make it through Congress. Now that the U.S. Supreme Court has struck down the Defense of Marriage Act, gay-rights advocates are more optimistic about ENDA’s prospects and have made it their top priority on Capitol Hill.