Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Tuesday, November 5, 2013

Senate Debates ENDA

The New York Times reports on the Senate vote to move the Employment NonDiscrimination Act (ENDA) forward.  "A measure that would outlaw workplace discrimination based on sexual orientation and gender identity overcame a significant obstacle in the Senate on Monday as seven Republicans crossed party lines and voted to begin debate on the bill."

The full text of the bill is here.  The proposed act essentially extends the procedures and remedies of Title VII to sexual orientation.  It defines ‘gender identity’ as "the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth."  It defines "sexual orientation" as homosexuality, heterosexuality, or bisexuality."  

For some of the legal scholarship on ENDA, see:

Maxine Eichner, The Employee Non-Discrimination Act: Requiring Fairness for All Employees Regardless of Sexual Orientation or Gender Identity

Jennifer Hendricks, Instead of ENDA: A Course Correction for Title VII

William Rubenstein, Do Gay Rights Laws Matter? An Empirical Assessment

Brian Soueck, Perceived Homosexuals: Looking Gay Enough for Title VII

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