ENDA Update

As Paul and Rick have discussed in past posts, the Employee Non-Discrimination Act (ENDA) has been gaining momentum in Congress, although with a bump in the road caused by the decision whether to cut protection for transgendered employees.  The House leadership, although supporting such protection, decided to cut it to maintain a chance of the bill passing in any form.  BNA's Daily Labor Report (subscription required) has reported that the bill just got approved by the House Education and Labor Committee:

The Employment Non-Discrimination Act (H.R. 3685) (ENDA) cleared committee by a vote of 27-21 and is expected to reach the House floor the week of Oct. 22. The legislation would prohibit businesses with 15 or more employees, and public sector employers, from basing employment decisions such as hiring, firing, compensation, or promotions on an individual's sexual orientation.

After lawmakers rejected various amendments, the bill was approved with four Republicans--Reps. Mike Castle (R-Del.), Judy Biggert (R-Ill.), Todd Platts (R-Pa.), and John Kuhl (R-N.Y.)--voting to support the bill. Although the bill gained bipartisan support, disagreement over providing protection based on gender identity meant that four Democrats--Reps. Rush Holt (D-N.J.), Dennis Kucinich (D-Ohio), Yvette Clarke (D-N.Y.), and Loretta Sanchez (D-Calif.)--voted against the measure because it was not broad enough.

I agree with Paul that a half loaf may be better than no loaf on this one.  Part of my thinking is that I'm still amazed that ENDA in any form has a chance of passing--and the worry that the opportunity window may not stay open forever.

-JH