The Employment Non-Discrimination Act (“ENDA”) was introduced on April 25 as S-815. A companion bill HR 1755 was introduced in the House. The legislation prohibits employment discrimination on the basis of sexual orientation. Notwithstanding 39 Senate sponsors or co-sponsors, passage will be difficult. Similar measures have been introduced in almost every Congress since 1994. The legislation essentially covers the same universe of employers as does Title VII and defines discrimination in similar terms. The legislation prohibits the application of disparate impact to ENDA and it prohibits the EEOC from collecting data on the employment of covered individuals or requesting data. Hearings have not yet been called.
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