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词条 Employment Non-Discrimination Act
释义

  1. Evidence of employment discrimination on the basis of sexual orientation and gender identity

  2. Provisions

  3. Legislative activity

     110th Congress  111th Congress  112th Congress  113th Congress  114th Congress onwards 

  4. Arguments

     In favor of ENDA  In opposition to ENDA 

  5. Legislative history

  6. See also

  7. References

  8. External links

{{Redirect|ENDA|other uses|Enda}}{{Use mdy dates|date=December 2012}}{{LGBT rights}}

The Employment Non-Discrimination Act (ENDA) is legislation proposed in the United States Congress that would prohibit discrimination in hiring and employment on the basis of sexual orientation or gender identity by employers with at least 15 employees.

ENDA has been introduced in every Congress since 1994 except the 109th. Similar legislation has been introduced without passage since 1974.[1] The bill gained its best chance at passing after the Democratic Party gained the majority after twelve years of Republican majorities in the 2006 midterm elections. In 2007, gender identity protections were added to the legislation for the first time. Some sponsors believed that even with a Democratic majority, ENDA did not have enough votes to pass the House of Representatives with transgender inclusion and dropped it from the bill, which passed the House and then died in the Senate. President George W. Bush threatened to veto the measure. LGBT advocacy organizations and the LGBT community were divided over support of the modified bill.

In 2009, following Democratic gains in the 2008 elections, and after the divisiveness of the 2007 debate, Rep. Barney Frank introduced a transgender-inclusive version of ENDA. He introduced it again in 2011, and Sen. Jeff Merkley introduced it in the Senate. On November 7, 2013, Merkley's bill passed the Senate with bipartisan support by a vote of 64–32. President Barack Obama supported the bill's passage, but the House Rules Committee voted against it. As of December 2018, ENDA still hasn't become law.

Evidence of employment discrimination on the basis of sexual orientation and gender identity

{{Main|LGBT employment discrimination in the United States}}

In states that have anti-discrimination policies in place, LGBT complaints are equivalent to the number of complaints filed based on sex and fewer than the number of complaints filed based on race.[2][3][4]

The Williams Institute estimates the number of LGBT employees as follows: 7 million private sector employees, 1 million state and local employees, and 200,000 employees of the federal government. Thirty percent of state and local LGBT employees live in California and New York. In comparison, less than half of one half of one percent of LGBT state and local employees live in Montana, North Dakota and Wyoming combined.[5] As one might expect, many of the documented complaints of discrimination by state and local governments against LGBT employees are in California and New York. Surveys that seek to document discrimination on the basis of perceived sexual orientation and/or gender identity are often conducted with a pool of self identified LGBT people, making it difficult to ascertain the impact of this type of discrimination on non-LGBT individuals.

One source of evidence for hiring discrimination against openly gay men comes from a field experiment that sent two fictitious but realistic resumes to roughly 1,700 entry-level job openings. The two resumes were very similar in terms of the applicant's qualifications, but one resume for each opening mentioned that the applicant had been part of a gay organization in college. The results showed that applicants without the gay signal had an 11.5 percent chance of being called for an interview; openly gay applicants had only a 7.2 percent chance. The callback gap varied widely according to the location of the job. Most of the overall gap detected in the study was driven by the Southern and Midwestern states in the sample – Texas, Florida, and Ohio. The Western and Northeastern states in the sample (California, Nevada, Pennsylvania, and New York) had only small and statistically insignificant callback gaps.[6]

Transgender people may experience higher rates of discrimination than the LGBT population. A survey of transgender and gender non-conforming people conducted by the National Center for Transgender Equality found 90 percent of respondents experienced harassment, mistreatment, or discrimination on the job or took actions like hiding who they are to avoid it.[7] In comparison, a review of studies conducted by the Williams Institute in 2007 found that transgender people experienced employment discrimination at a rate 15 to 57 percent.[8]

In a survey conducted by Harris Interactive, 38 percent of LGBT people report incomes less than $35,000, compared to 33 percent of all U.S. adults over age 18.[9]

Provisions

The current version of the bill under consideration in Congress prohibits private employers with more than 15 employees from discriminating on the basis of sexual orientation or gender identity. Religious organizations are provided an exception, broader than that found in the Civil Rights Act of 1964.[10] Non-profit membership-only clubs, except labor unions, are similarly exempt.

All versions of the bill, irrespective of the military's changing policies with respect to service by open gays and lesbians, have provided an exclusion for the military as an employer of members of the armed forces, though not as an employer of civilians.[11]

Since the 111th Congress, the legislation has included language to prevent any reading of the law as a modification of the federal definition of marriage established in the Defense of Marriage Act (1995).[12] Since the 110th Congress, a related provision aimed at non-marital legal relations like civil unions and domestic partnerships prevents requiring an employer to treat unmarried and married couples similarly.[13]

Legislative activity

On May 14, 1974, the fifth anniversary of the Stonewall Rebellion, Reps. Bella Abzug (D-NY) and Ed Koch (D-NY) introduced {{USBill|93|H.R.|14752}}, the "Equality Act", which would have added sexual orientation and gender identity to the protected classes specified in the Civil Rights Act of 1964, thus prohibiting discrimination in employment and access to public accommodations and facilities.[15] The bill died in June 1974 but was reintroduced in the 115th United States Congress on May 2, 2017.[16]

In the early 1990s, supporters of the legislation decided to focus on employment. Rep. Gerry Studds introduced the Employment Non-Discrimination Act on June 23, 1994.[17] The legislation failed in 1994 and 1995.[18] In 1996, the bill failed on a 49–50 vote in the Senate and was not voted on in the House.[19][20] Its level of support in the Senate may have represented an attempt by some to compensate for their recent support of the Defense of Marriage Act (DOMA), which prohibited the federal government from recognizing same-sex marriages.{{citation needed|date=August 2012}} These early versions of ENDA did not include provisions to protect transgender people from discrimination[21] and ENDA was not introduced in the 109th Congress.

110th Congress

In the 110th United States Congress there were two versions of the bill, both of which provided employment protections similar to Title VII of the Civil Rights Act of 1964.[23] Reps. Barney Frank, Chris Shays, Tammy Baldwin, and Deborah Pryce introduced {{USBill|110|H.R.|2015}} on April 24, 2007. It included gender identity within its protections. It defined gender identity as "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 allowed employers to require adherence "to the same dress or grooming standards for the gender to which the employee has transitioned or is transitioning."[24]

When that bill died in committee, Frank introduced {{USBill|110|H.R.|3685}} on September 27, 2007, which did not include gender identity and contained exemptions concerning employer dress codes. It was endorsed by the Education and Labor Committee on October 18 and the House of Representatives passed it on November 7, 2007, by a vote of 235 to 184, with 14 members not voting.[25] Frank introduced a separate piece of legislation to prohibit discrimination in employment on the basis of gender identity.[26]

Some LGBT activist organizations refused to support H.R. 3685 because of its failure to cover gender identity.[27][28] An exception was the Human Rights Campaign, which received wide criticism from the LGBT community for supporting a non-inclusive ENDA.[29] The LGBT activist organizations that refused to support H.R. 3685 argued that not including transgender people undermined the underlying principle of ENDA.[30] They claimed that failure to include gender identity/expression weakened the protection for the portion of the LGBT population that most needed its protections: gender non-conforming people, who they claimed are discriminated against in greater numbers than their gender-conforming compatriots.{{citation needed|date=December 2010}} Others argued that this was ENDA's best chance of passing Congress in thirty years, that civil rights victories have historically been incremental, that concerns about the legislation's protections were unfounded, and that forgoing a chance to provide immediate workplace protections to millions of lesbians, gays and bisexuals was politically and morally wrong.[31]

111th Congress

On June 24, 2009, Frank introduced {{USBill|111|H.R.|3017}} to ban workplace discrimination based on sexual orientation and gender identity,[32] with 114 original cosponsors, up from 62 cosponsors for the trans-inclusive bill of 2007."[32] The lead Republican cosponsor was Rep. Ileana Ros-Lehtinen (R-FL).[33] Republican Main Street Partnership members Mark Kirk (R-IL), Mike Castle (R-DE), Todd Russell Platts (R-PA), Judy Biggert (R-IL), and Leonard Lance (R-NJ) were among the original cosponsors.[34] The bill was referred to the House Education and Labor Committee, which held a hearing on the legislation on September 23, 2009.[35] At the end of the 111th Congress, H.R. 3017 had 203 cosponsors in the House.[36]

On August 5, 2009, Sen. Jeff Merkley introduced ENDA legislation ({{USBill|111|S.|1584}}) that included gender identity,[37] with 38 original cosponsors including Sens. Ted Kennedy (D-MA), Susan Collins (R-ME), Olympia Snowe (R-ME) and Chris Dodd (D-CT).[38] Sen. Merkley said "It's certainly possible that this could be passed by year's end, though the [congressional] schedule is very crowded."[39] As of March 13, 2010, S. 1584 had 45 co-sponsors and was pending before the Health, Education, Labor, and Pensions (HELP) Committee,[37] which held a hearing on the legislation on November 5, 2009.[40]

112th Congress

On April 6, 2011, Frank introduced an ENDA bill ({{USBill|112|H.R.|1397}}) in the House to ban workplace discrimination based on sexual orientation and gender identity.[41]

On April 14, 2011, Sen. Jeff Merkley introduced an ENDA bill ({{USBill|112|S|811}}) in the Senate.[42] The bill had 39 original cosponsors. On June 19, 2012, the Senate Committee on Health, Education, Labor & Pensions held a hearing on the bill, the first such hearing to include testimony by a transgender witness.[43]

113th Congress

{{wikisource|Employment Non-Discrimination Act of 2013 (H.R. 1755; 113th Congress)}}

On April 25, 2013, Representative Jared Polis (D-CO) introduced an ENDA bill in the House ({{USBill|113|H.R.|1755}}) and Senator Jeff Merkley (D-OR) introduced an ENDA bill in the Senate ({{USBill|113|S.|815}}).[44]

On July 10, 2013, the Senate Health, Education, Labor & Pensions Committee approved ENDA by a 15–7 vote. Senator Lamar Alexander (R-TN) announced he would offer three amendments when the Senate takes up the measure.[45]

A cloture vote succeeded in the Senate on November 4, 2013, with 61 voting in favor and 30 against, allowing the Senate to schedule a vote.[46][47] Republican Senators Kelly Ayotte (NH), Susan Collins (ME), Orrin Hatch (UT), Dean Heller (NV), Mark Kirk (IL), Rob Portman (OH), and Pat Toomey (PA) voted for cloture,[48] joining 52 of 53 Democratic senators and both independent senators.[49] Senators Claire McCaskill (D-MO) and Lisa Murkowski (R-AK) supported the legislation, but were unable to attend the cloture vote.[50][51]

After rejecting by a vote of 43–55 an amendment by Senator Toomey to expand the religious exemptions[52] and accepting by unanimous voice vote an amendment by Senator Portman to prevent government retaliation against religious institutions,[53] the Senate approved ENDA on November 7, 2013, on a 64–32 vote.[54][55] Arizona Republicans Jeff Flake and John McCain unexpectedly[52] joined Sen. Murkowski and the seven Republicans who had supported three days earlier. Both independents and 52 of 53 Democrats again supported the measure, with McCaskill present but Pennsylvania Senator Bob Casey, who supported the bill's passage,[56] absent.

In the House, on September 17, 2014, Representative Polis filed a discharge petition, that, if signed by a majority of the House membership, would force a vote on the version of ENDA with a narrow religious exemption.[57] By September 22, it had been endorsed by 190 of the 218 that constitute a majority.[58] On December 3, 2014 6 of the 8 Republican co-sponsors asked House Speaker John Boehner to allow a vote on the legislation "as part of any available legislative vehicle including the National Defense Authorization Act" before the end of the 113th Congress.[59] Later that day, the House Rules Committee voted 7 to 3 against adding ENDA as an amendment to the 2015 defense authorization bill.[60]

114th Congress onwards

From the 114th Congress onwards, efforts to pass non-discrimination legislation has focused on the broader Equality Act which focuses on additional protections including in housing and the jury system as well as employment.

Arguments

In favor of ENDA

Political proponents of the law intend it to address cases where gay, lesbian, bisexual, and transgender employees have been discriminated against by their employers because of their sexual orientation or gender identity. Currently, these employees are unable to find protection in the courts because sexual orientation is not considered to be a suspect class by the federal courts and by many U.S. states. Proponents argue that such a law is appropriate in light of the United States Constitution's guarantees of equal protection and due process to all. Advocates argue that homosexuality is not a "choice" but a personal identity, a claim supported by the American Psychology Association (APA), and that all working people have a right to be judged by the quality of their work performance and not by completely unrelated factors.[61] According to a study published in 2001 by the Williams Institute at the UCLA School of Law, reports of discrimination based on sexual orientation are roughly equal to those on race or gender.[62] The APA also states that there is significant discrimination against homosexuals in the workforce.[61]

The Congressional Budget Office in 2002 estimated that the Equal Employment Opportunity Commission's complaint caseload would rise by 5 to 7% as a result of the proposed law.[63] Assessments of the impact of comparable state policies also show a minimal impact on caseload.[64] Regarding constitutionality, the act incorporates language similar to that of Title VII of the Civil Rights Act of 1964,[23] which has consistently been upheld by the courts.

In 1994, Barry Goldwater, a hero among the conservative and libertarian movements, became honorary chairman of a drive to pass a federal law preventing job discrimination on the basis of sexual orientation.[65]

In opposition to ENDA

Ed Vitagliano, director of research for the American Family Association (AFA), expressed concern about the impact of anti-discrimination laws on religious organizations. He cited a lack of clarity around whether the narrow exemption would apply to support staff and lay employees in addition to churches and clergy.[66]

The Traditional Values Coalition (TVC) has claimed that the legislation would have a negative impact on school children by eliminating schools' ability to avoid hiring transgender teachers. It said that "If ENDA passes, students and children in daycare centers all across the nation will be subjected to individuals experimenting with their gender identities."[67]

Some Libertarians argue that laws against private sector discrimination are acts of coercion that infringe on employers' property rights and freedom of association.[68]

The United States Conference of Catholic Bishops said ENDA goes beyond prohibiting unjust discrimination and poses several problems. It notes, for example, that the bill: (1) lacks an exception for a "bona fide occupational qualification," which exists for every other category of discrimination under Title VII of the Civil Rights Act, except for race; (2) lacks a distinction between homosexual inclination and conduct, thus affirming and protecting extramarital sexual conduct; (3) supports the redefinition of marriage, as state-level laws like ENDA have been invoked in state court decisions finding marriage discriminatory or irrational; (4) rejects the biological basis of gender by defining "gender identity" as something people may choose at variance with their biological sex; and (5) threatens religious liberty by punishing as discrimination the religious or moral disapproval of same-sex sexual conduct, while protecting only some religious employers.[69]

In June and July 2014, several pro-LGBT advocacy groups, including the American Civil Liberties Union, National Center for Lesbian Rights, National Gay and Lesbian Task Force, Transgender Law Center, and Lambda Legal, announced they were withdrawing support for the 113th Congress version of ENDA because of their concerns about the breadth of its religious exemption in relation to the ruling in Burwell v. Hobby Lobby Stores, Inc..[70]

Legislative history

Congress Short title Bill number(s) Gender identity included? Date introduced Sponsor(s) # of cosponsors Latest status
103rd CongressEmployment Non-Discrimination Act of 1994103|H.R.|4636}}No June 23, 1994 Gerry Studds
(D-MA)		 137 Died in the House Subcommittee on Select Education and Civil Rights
103|S.|2238}}No July 29, 1994 Ted Kennedy
(D-MA)		 30 Died in the Senate Committee on Labor and Human Resources
104th CongressEmployment Non-Discrimination Act of 1995104|H.R.|1863}}No June 15, 1995 Gerry Studds
(D-MA)		 142 Died in the House Subcommittee on the Constitution
104|S.|932}}No June 15, 1995 Jim Jeffords
(R-VT)		 30 Died in the Senate Committee on Labor and Human Resources
104|S.|2056}}No September 5, 1996 Ted Kennedy
(D-MA)		 3 Failed in Senate (49–50)
105th CongressEmployment Non-Discrimination Act of 1997105|H.R.|1858}}No June 10, 1997 Christopher Shays
(R-CT)		 140 Died in the House Subcommittee on Employer-Employee Relations
105|S.|869}}No June 10, 1997 Jim Jeffords
(R-VT)		 34 Died in the Senate Committee on Labor and Human Resources
106th CongressEmployment Non-Discrimination Act of 1999106|H.R.|2355}}No June 24, 1999 Christopher Shays
(R-CT)		 173 Died in the House Subcommittee on Employer-Employee Relations
106|S.|1276}}No June 24, 1999 Jim Jeffords
(R-VT)		 36 Died in the Senate Committee on Health, Education, Labor, and Pensions
107th Congress Employment Non-Discrimination Act of 2001107|H.R.|2692}}No July 31, 2001 Christopher Shays
(R-CT)		 193 Died in the House Subcommittee on Employer-Employee Relations
Employment Non-Discrimination Act of 2002107|S.|1284}}No July 31, 2001 Ted Kennedy
(D-MA)		 44 Died in the Senate
108th CongressEmployment Non-Discrimination Act of 2003108|H.R.|3285}}No October 8, 2003 Christopher Shays
(R-CT)		 180 Died in the House Subcommittee on Employer-Employee Relations
108|S.|1705}}No October 2, 2003 Ted Kennedy
(D-MA)		 43 Died in the Senate Committee on Health, Education, Labor, and Pensions
110th CongressEmployment Non-Discrimination Act of 2007110|H.R.|2015}}Yes April 24, 2007 Barney Frank
(D-MA)		 184 Died in the House Subcommittee on the Constitution, Civil Rights and Civil Liberties
110|H.R.|3685}}No September 27, 2007 Barney Frank
(D-MA)		 9 Passed the House (235–184), died in the Senate
111th CongressEmployment Non-Discrimination Act of 2009111|H.R.|3017}}Yes June 24, 2009 Barney Frank
(D-MA)		 203 Died in the Judiciary, House Administration, Education and Labor, and Oversight and Government Reform committees. Hearings held September 23, 2009 in Education and Labor committee.
111|H.R.|2981}}Yes June 19, 2009 Barney Frank
(D-MA)		 12 Died in the House Judiciary Committee
111|S.|1584}}Yes August 5, 2009 Jeff Merkley
(D-OR)		 45 Died in the Senate Health, Education, Labor, and Pensions Committee Hearings held November 5, 2009.
112th CongressEmployment Non-Discrimination Act of 2011112|H.R.|1397}}Yes April 6, 2011 Barney Frank
(D-MA)		 171 Died in the Education and the Workforce, House Administration, Oversight and Government Reform, and Judiciary committees.
112|S|811}}Yes April 14, 2011 Jeff Merkley
(D-OR)		 43 Died in the Health, Education, Labor, and Pensions committee. Hearings held June 12, 2012.
113th CongressEmployment Non-Discrimination Act of 2013113|H.R.|1755}}Yes April 25, 2013 Jared Polis
(D-CO)		 205 Referred to the Education and the Workforce, House Administration, Oversight and Government Reform, and Judiciary committees.
{{USBill|113|S.|815}}Yes April 25, 2013 Jeff Merkley
(D-OR)		 56 Passed in Senate (64–32), died in the House.

From the 114th Congress onwards, efforts to pass non-discrimination legislation has focused on the broader Equality Act which focuses on additional protections including in housing and the jury system as well as employment.

See also

  • Equality Act of 2015

References

1. ^{{cite web|title=Nondiscrimination legislation historical timeline|url=http://www.thetaskforce.org/issues/nondiscrimination/timeline|publisher=National Gay and Lesbian Task Force|archive-url=https://web.archive.org/web/20140524062405/http://www.thetaskforce.org/issues/nondiscrimination/timeline|archive-date=May 24, 2014|accessdate=June 17, 2017|dead-url=yes}}
2. ^{{cite web|title=The State of the Workplace: for Lesbian, Gay, Bisexual, and Transgender Americans|url=http://www.hrc.org/files/assets/resources/HRC_Foundation_State_of_the_Workplace_2007-2008.pdf|publisher=Human Rights Campaign|accessdate=December 15, 2013}}
3. ^Evidence Discrimination based on sexual orientation occurs at a similar rate as sex and race at 4.7 per 10,000, as compared to discrimination based on sex at 5.4 and race at 6.5.
4. ^{{cite web|last=Ramos|first=Christopher|title=Evidence of Employment Discrimination on the Basis of Sexual Orientation and Gender Identity: Complaints Filed with State Enforcement Agencies, 1999–2007|url=http://williamsinstitute.law.ucla.edu/wp-content/uploads/Badgett-Sears-Ramos-Emply-Discrim-1999-2007-Nov-08.pdf|publisher=The Williams Institute|accessdate=December 16, 2013}}
5. ^{{cite web|title=Estimates of LGBT Public Employees|url=http://www.escholarship.org/uc/item/6cz123ww?display=all|publisher=The Williams Institute|accessdate=April 30, 2011}}
6. ^[https://www.jstor.org/stable/10.1086/661653 Tilcsik, A. (2011). Pride and prejudice: Employment discrimination against openly gay men in the United States. American Journal of Sociology, 117, 586–626.]
7. ^{{cite web|last=Grant |first=Jamie M. |title=Injustice at Every Turn: A Report of the National Transgender Discrimination Survey. |url=http://www.thetaskforce.org/reports_and_research/ntds |publisher=National Center for Transgender Equality and National Gay and Lesbian Task Force |deadurl=yes |archiveurl=https://web.archive.org/web/20141006061544/http://www.thetaskforce.org/reports_and_research/ntds |archivedate=October 6, 2014 |df= }}
8. ^{{cite web|last=Badgette|first=M.V. Lee|url=http://www3.law.ucla.edu/williamsinstitute/publications/Bias%20in%20the%20Workplace.pdf|title=Bias in the Workplace: Consistent Evidence of Sexual Orientation and Gender Identity Discrimination|publisher=The Williams Institute|accessdate=December 16, 2013|deadurl=yes|archiveurl=https://web.archive.org/web/20110720073606/http://www3.law.ucla.edu/williamsinstitute/publications/Bias%20in%20the%20Workplace.pdf|archivedate=July 20, 2011|df=mdy-all}}
9. ^{{cite web|last=Witeck|first=Bob|title=Ending Employment Discrimination in America: Lies, Damned Lies and Statistics About America's LGBT Families|url=http://miamiherald.typepad.com/gaysouthflorida/2009/11/ending-employment-discrimination-in-america-lies-damned-lies-and-statistics-about-americas-lgbt-families.html|accessdate=December 16, 2013}}
10. ^{{cite news|last1=Bendery|first1=Jennifer|title=Gay Rights Groups Pull Support For ENDA Over Sweeping Religious Exemption|url=http://www.huffingtonpost.com/2014/07/08/enda-religious-exemption_n_5568736.html|accessdate=16 August 2014|date=8 July 2014}}
11. ^103rd Congress: "For purposes of this Act, the term 'employment or employment opportunities' does not apply to the relationship between the United States and members of the Armed Forces."; 112th Congress: "In this Act, the term 'employment' does not apply to the relationship between the United States and members of the Armed Forces."
12. ^111th and 112th Congresses: "In this Act, the term 'married' refers to marriage as such term is defined in section 7 of title 1, United States Code (commonly known as the 'Defense of Marriage Act')."
13. ^112th Congress: "Nothing in this Act shall be construed to require a covered entity to treat an unmarried couple in the same manner as the covered entity treats a married couple for purposes of employee benefits."
14. ^S 2056 – Employment Nondiscrimination Act of 1996 – Voting Record
15. ^(October 13, 2007) U.S. Congressmember Bella S. Abzug Stonewall.org. Accessed October 20, 2007.
16. ^{{Cite web|url=http://njtoday.net/2017/05/04/equality-act-reintroduced-congress-unprecedented-corporate-support/|title=Equality Act Reintroduced in Congress with Unprecedented Corporate Support|last=Report|first=Staff|date=2017-05-04|website=njtoday.net|access-date=2017-07-29}}
17. ^[Congressional Record, 103rd Congress, 2d Session, 140 Cong. Rec. E 1311; Vol. 140 No. 81 (June 23, 1994).]
18. ^Wendland, Joel. (April 9, 2007) A New Beginning for ENDA {{webarchive|url=https://web.archive.org/web/20080125092049/http://www.law.ucla.edu/williamsinstitute/press/ANewBeginningforENDA.html |date=January 25, 2008 }} The Williams Institute, UCLA School of Law. Accessed October 20, 2007.
19. ^Bull, Chris. (May 13, 1997) No ENDA in sight – Employment Non-Discrimination Act of 1996 The Advocate. Accessed October 20, 2007.
20. ^Manley, Roslyn. (June 17, 2003) New "Unified" Bill to Replace ENDA: A Left Coast Perspective {{webarchive|url=https://web.archive.org/web/20040217180400/http://www.tgcrossroads.org/news/?aid=740 |date=February 17, 2004 }} TG Crossroads. Accessed October 20, 2007; MetroWeekly: Chris Geidner, "Double Defeat," September 15, 2011, accessed February 10, 2012
21. ^{{USBill|110|HR|3685}}
22. ^H.R. 3685 (110th): Employment Non-Discrimination Act of 2007 (On Passage of the Bill)
23. ^1 Civil Rights Act of 1964
24. ^Weiss, Jillian Todd. (April 26, 2007) The text of ENDA Transgender Workplace Diversity Blog. Accessed October 20, 2007.
25. ^Final Vote Results For HR 3685
26. ^Eleveld, Kerry. (September 29, 2007) "ENDA to Be Separated Into Two Bills: Sexual Orientation and Gender Identity" The Advocate. Accessed October 20, 2007.
27. ^{{cite web|url=http://www.thetaskforce.org/activist_center/ENDA_oct1_letter |title=Archived copy |accessdate=2007-10-11 |deadurl=yes |archiveurl=https://web.archive.org/web/20080509124722/http://www.thetaskforce.org/activist_center/ENDA_oct1_letter |archivedate=May 9, 2008 |df= }}
28. ^http://nosubstitutes.org {{webarchive|url=https://web.archive.org/web/20071010191400/http://nosubstitutes.org/ |date=October 10, 2007 }}
29. ^{{cite news |last=Schindler |first=Paul |date=October 4, 2007 |archiveurl=https://web.archive.org/web/20080409024947/http://www.gaycitynews.com/site/news.cfm?newsid=18883568&BRD=2729&PAG=461&dept_id=568864&rfi=6 |url=http://www.gaycitynews.com/site/news.cfm?newsid=18883568&BRD=2729&PAG=461&dept_id=568864&rfi=6 |archivedate=April 9, 2008 |title=HRC Alone in Eschewing No-Compromise Stand |newspaper=Gay City News |accessdate=December 17, 2013}}
30. ^{{cite news |title=A Moment of Truth |first=Nadine |last=Smith |url=http://www.bilerico.com/2007/09/a_moment_of_truth.php |newspaper=The Bilerico Project |date=September 29, 2007 |accessdate=March 22, 2012}}
31. ^{{cite news |title=How did the T get in LGBT? |first=John |last=Aravosis |url=http://www.salon.com/2007/10/08/lgbt/singleton |newspaper=Salon.com |date=October 8, 2007 |accessdate=March 22, 2012}}
32. ^1 Frank Introduces Trans-Inclusive ENDA|News|Advocate.com:
33. ^{{cite news |last=Johnson |first=Chris |title=Pro-LGBT Republican endorses Romney |work=Washington Blade |date=November 30, 2011 |url=http://www.washingtonblade.com/2011/11/30/pro-lgbt-republican-endorses-romney/ |accessdate=June 25, 2009}}
34. ^Search Results – THOMAS (Library of Congress)
35. ^{{cite web |url=http://www.bilerico.com/2009/09/congressional_hearing_on_enda_great_success.php |publisher=Bilerico.com |title=Congressional hearing on ENDA: great success!}}
36. ^Search Results – THOMAS (Library of Congress):
37. ^1 Search Results – THOMAS (Library of Congress):
38. ^{{cite web|title=Merkley, Collins, Kennedy, Snowe Introduce Legislation To End Workplace Discrimination, August 5, 2009|url=http://www.merkley.senate.gov/newsroom/press/release/?id=4EC04C19-3A3D-465A-A2A0-FA605C57AAAF|publisher=U.S. Senate|accessdate=October 6, 2012}}
39. ^{{cite news |last=Harmon |first=Andrew |title=ENDA Possible by Year's End |work=The Advocate |date=August 5, 2009 |url=http://www.advocate.com/news_detail_ektid103460.asp |accessdate=August 5, 2009}} As Speaker of the Oregon House of Representatives, Merkley successfully managed the enactment of Oregon's state version of ENDA, the Oregon Equality Act. {{cite news |title=Senator Jeff Merkley Introduces the Employment Non-Discrimination Act (ENDA) |first=Kristin |last=Teigen |url=http://www.blueoregon.com/2009/08/senator-merkley-introduces-the-employment-nondiscrimination-act-enda/ |newspaper=BlueOregon |publisher=Mandate Media |date=August 5, 2009 |accessdate=March 22, 2012}}
40. ^{{cite web |url=http://help.senate.gov/Hearings/2009_11_05/2009_11_05.html |publisher=U.S. Senate Committee on Health, Education, Labor, and Pensions |title=Employment Non-Discrimination Act: Ensuring Opportunity for All Americans |work=Washington Blade |date=June 12, 2012 |deadurl=yes |archiveurl=https://web.archive.org/web/20091103213535/http://help.senate.gov/Hearings/2009_11_05/2009_11_05.html |archivedate=November 3, 2009 |df=mdy-all }}
41. ^{{cite web|last=Geidner|first=Chris|title=ENDA Introduced – With 92 Fewer Co-Sponsors Than at the End of the 111th Congress|url=http://www.metroweekly.com/poliglot/2011/04/enda-introduced----with-92-few.html|work=MetroWeekly|accessdate=April 7, 2011|deadurl=yes|archiveurl=https://web.archive.org/web/20110408023435/http://www.metroweekly.com/poliglot/2011/04/enda-introduced----with-92-few.html|archivedate=April 8, 2011|df=mdy-all}}
42. ^{{cite web|publisher=Office of Senator Jeff Merkley|url=http://merkley.senate.gov/newsroom/press/release/?id=4CE98436-CD2B-445E-9E94-FCCF12B77C69|title=Merkley, Kirk, Harkin, Collins Introduce Legislation to End Workplace Discrimination|accessdate=April 14, 2011}}
43. ^{{cite news|last=Johnson|first=Chris|title=Trans advocate testifies before Senate on ENDA|url=http://www.washingtonblade.com/2012/06/12/trans-advocate-testifies-before-senate-on-enda/|accessdate=October 6, 2012}}
44. ^{{cite news|last=Benen|first=Steve|title=ENDA introduced with bipartisan backing|url=http://maddowblog.msnbc.com/_news/2013/04/25/17915739-enda-introduced-with-bipartisan-backing?lite|accessdate=April 25, 2013}}
45. ^{{cite news|url=http://www.washingtonblade.com/2013/07/10/historic-senate-panel-advances-trans-inclusive-enda/|title=Senate panel advances trans-inclusive ENDA|date=July 10, 2013|publisher=Washington Blade}}
46. ^{{cite news|url=http://www.washingtonblade.com/2013/10/31/reid-sets-senate-vote-monday-enda/|title=Reid sets up Senate vote Monday for ENDA|publisher=Washington Blade|date=October 31, 2013}}
47. ^{{cite news |url=http://www.politico.com/story/2013/11/dean-heller-enda-legislation-99309.html|title=Gay rights advances in Senate |publisher=Politico|date=November 4, 2013}}
48. ^{{cite news|url=http://www.slate.com/blogs/weigel/2013/11/04/enda_prevails_in_the_senate_61_30.html|title=ENDA Prevails in the Senate, 61-30|publisher=Slate|date=November 4, 2013}}
49. ^{{cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=1&vote=00229|title=Roll Call Vote On Cloture on the Motion to Proceed (Motion to Invoke Cloture on the Motion to Proceed to S. 815)|website=www.senate.gov|accessdate=November 7, 2013}}
50. ^{{cite news |url=http://www.huffingtonpost.com/2013/11/04/enda-vote_n_4214682.html|title=ENDA Vote: Senate Clears Major Hurdle On Bill Barring LGBT Workplace Discrimination|last=Terkel|first=Amanda|website=The Huffington Post|date=November 4, 2013 |accessdate=November 7, 2013}}
51. ^{{cite web|url=http://www.advocate.com/politics/2013/11/04/breaking-senate-passes-enda-procedural-vote|title=Senate Passes ENDA on Procedural Vote|last=Brydum|first=Sunnivie|website=The Advocate |date=November 4, 2013|accessdate=November 7, 2013}}
52. ^1 {{cite web|url=http://www.advocate.com/politics/2013/11/07/breaking-senate-approves-enda-initial-vote|title=Senate Approves ENDA|last=Brydum|first=Sunnivie|website=The Advocate|date=November 7, 2013|accessdate=November 7, 2013}}
53. ^{{cite web|url=http://thehill.com/blogs/floor-action/senate/189434-senate-adopts-amendment-to-enda-aimed-at-protecting-churches|title=Senate adopts ENDA amendment designed to protect churches|last=Cox|first=Ramsey|website=The Hill|date=November 6, 2013|accessdate=November 7, 2013}}
54. ^1 {{cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=1&vote=00232|title=Roll Call Vote On Passage of the Bill (S. 815 As Amended) |website=www.senate.gov|accessdate=November 7, 2013}}
55. ^{{cite news|url=https://www.nytimes.com/2013/11/08/us/politics/senate-moves-to-final-vote-on-workplace-gay-bias-ban.html?hp|title=Senate Approves Ban on Antigay Bias in Workplace |last=Peters|first=Jeremy W.|newspaper=The New York Times|date=November 7, 2013|accessdate=November 7, 2013}}
56. ^{{cite web|url=http://www.casey.senate.gov/newsroom/releases/casey-statement-on-senate-enda-vote|title=Casey Statement on Senate ENDA Vote|publisher=casey.senate.gov|date=November 7, 2013|accessdate=November 7, 2013}}
57. ^{{cite news |last1=Johnson |first1=Chris|title=Discharge petition filed for ENDA with narrowed religious exemption |url=http://www.washingtonblade.com/2014/09/17/discharge-petition-filed-enda-narrowed-religious-exemption/ |accessdate=September 22, 2014|work=Washington Blade|date=September 17, 2014}}
58. ^U.S. House of Representatives Motion to Discharge a Committee from the Consideration of a Resolution, accessed September 22, 2014
59. ^{{cite news|last1=Snow |first1=Justin |title=House Republicans urge Boehner to allow ENDA vote |url=http://www.metroweekly.com/2014/12/house-republicans-urge-boehner-to-allow-enda-vote/|accessdate=December 3, 2014 |work=Metro Weekly|date=December 3, 2014}}
60. ^{{cite news|last1=Johnson|first1=Chris|title=House panel rejects last-ditch effort to pass ENDA |url=http://www.washingtonblade.com/2014/12/03/house-panel-rejects-last-ditch-panel-pass-enda/|accessdate=December 3, 2014 |work=Washington Blade|date=December 3, 2014}}
61. ^1 Examining the Employment Nondiscrimination Act (ENDA): The Scientists Perspective American Psychological Association. Accessed May 22, 2010.
62. ^Rubenstein, William B. (January 30, 2002) Do Gay Rights Laws Matter?: An Empirical Assessment {{webarchive|url=https://web.archive.org/web/20100625003440/http://www.law.ucla.edu/WilliamsInstitute/programs/dogayrightslawsmatter.pdf |date=June 25, 2010 }} The Williams Institute, UCLA School of Law. Accessed October 20, 2007.
63. ^(April 24, 2002) CBO Cost Estimate: S. 1284 Employment Non-Discrimination Act of 2002 Congressional Budget Office. Accessed October 20, 2007.
64. ^{{cite web|title=Employment Discrimination against Lesbian, Gay, Bisexual, and Transgender People in Oklahoma|url=http://www3.law.ucla.edu/williamsinstitute/publications/Policy-Discrimination-index.html|work=The Williams Institute|accessdate=May 1, 2011|archive-url=https://web.archive.org/web/20110320004612/http://www2.law.ucla.edu/williamsinstitute/publications/Policy-Discrimination-index.html|archive-date=March 20, 2011|dead-url=yes|df=mdy-all}}
65. ^{{cite news|title=Barry Goldwater, GOP Hero, Dies|url=https://www.washingtonpost.com/wp-srv/politics/daily/may98/goldwater30.htm|work=Washington Post|accessdate=November 2, 2013|date=June 5, 1998}}
66. ^{{cite web|last=Vitagliano|first=Ed|title=How ENDA Could Begin an Uncivil War|url=http://www.afajournal.org/0907ENDA.asp|work=American Family Association Journal|accessdate=April 30, 2011}}
67. ^{{cite web|title=ENDA Hurts Kids: The Impact on Classrooms|url=http://traditionalvalues.org/data/sites/73/pdfs/_WPapers/070713_TVCELI_ENDA2013_FINAL.pdf|website=TVC Education & Legal Institute|publisher=Traditional Values Coalition|accessdate=July 7, 2014|df=mdy-all}}{{dead link|date=January 2019|bot=medic}}{{cbignore|bot=medic}}
68. ^{{cite web|title=Context Matters: A Better Libertarian Approach to Antidiscrimination Law|url=http://www.cato-unbound.org/2010/06/16/david-bernstein/context-matters-a-better-libertarian-approach-to-antidiscrimination-law/|work=Cato Unbound|accessdate=December 12, 2012}}
69. ^{{cite web|title=Questions and Answers About the Employee Non-Discrimination Act|url=http://www.usccb.org/issues-and-action/human-life-and-dignity/labor-employment/upload/enda-backgrounder-2013.pdf|work=United States Conference of Catholic Bishops|accessdate=November 4, 2013}}
70. ^{{cite web |url=http://www.huffingtonpost.com/2014/07/08/enda-religious-exemption_n_5568736.html |title=Gay Rights Groups Pull Support For ENDA Over Sweeping Religious Exemption |last1=Bendery |first1=Jennifer |newspaper=The Huffington Post |date= July 8, 2014 |accessdate= July 13, 2015}}

External links

  • H.R. 3017: The Employment Non-Discrimination Act of 2009 on GovTrack
  • [https://web.archive.org/web/20070831132952/http://www.hrc.org/laws_and_elections/enda.asp A page on ENDA on the website of the Human Rights Campaign, endorsing ENDA]
  • A scientific examination of ENDA by the American Psychological Association
  • Transcript of the 2002 Senate Hearings on ENDA
  • [https://web.archive.org/web/20070928105511/http://www.ahrf.org/Portals/0/ENDA.pdf A 2005 analysis by the Arizona Human Rights Foundation discusses ENDA's history, the corporate response to it, religious issues and gender identity inclusion issues]
  • [https://web.archive.org/web/20071118134458/http://campusprogress.org/opinions/2188/infighting-enda A Campus Progress debate about ENDA and gender-identity protections.]
  • Directory of EEOC and state anti-employment discrimination agencies
  • The Employment Nondiscrimination Act of 2007 by Richard R. Hammar
  • Sexual Orientation and Gender Identity Discrimination in Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA) Congressional Research Service
  • The Employment Non-Discrimination Act: An Argument for H.R. 3685 by Deborah L. Cook
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