EMPLOYMENT NON-DISCRIMINATION ACT (ENDA) 

Employment discrimination based on sexual orientation and gender identity, whether actual or perceived, denies qualified individuals equality and opportunity in the workplace.  As parents, family members and friends of lesbian, gay, bisexual and transgender people, many who have personally faced workplace discrimination, we understand the urgent need to pass federal legislation to make such discrimination illegal nationwide.

 The Employment Non-Discrimination Act (ENDA) would extend federal employment discrimination protections currently provided based on race, religion, gender, national origin, age and disability to cover sexual orientation also.  Thus, ENDA would extend fair employment practices – not special rights – to lesbians, gay men, bisexuals and heterosexuals. 

 ENDA in its present form does not cover transgender people, or anyone – heterosexual, bisexual, gay or lesbian – who faces discrimination because their gender expression challenges socially-prescribed gender norms.  PFLAG supports inclusion of gender identity or expression in ENDA.   In 37 states, it is legal to fire someone based on their sexual orientation. In 48 states, it is legal to do so based on gender identity or expression.

 A new version of the ENDA that is trans-inclusive is expected to be introduced soon and this would be 100% supported by PFLAG.

 Why We Encourage Congress to Pass an ENDA inclusive of sexual orientation and gender identity:

 Discrimination is Real. 

 Nationwide, our loved ones are denied job opportunities and fired or otherwise discriminated against in the workplace for reasons that have nothing to do with their qualifications, job performance and abilities.  Our friends and family members who experience this form of discrimination, or live in daily fear of being subjected to it, have no recourse under current federal law.

 Workplace Discrimination is Not an American Value. 

 Employment discrimination strikes at the fundamental American value that everyone can earn and advance based on their ability to contribute, not on innate or irrelevant characteristics such as their sexual orientation or gender expression.  Only when this value is upheld can we as a nation of diverse people reach our full potential.   

 Citizens and Employers Support Workplace Fairness. 

 Polls show increasing percentages of Americans support equal rights for gays and lesbians in the workplace (84%, Tarrance Group & Lake, Sosin, Snell and Associates, 6/97).  Hundreds of municipalities and private employers have ENDA-like policies.  Polling also shows that 79% of Americans mistakenly believe that workplace discrimination against gays and lesbians is already illegal (Lake, Snell, Perry and Associates, 11/98).

 For PFLAG’s official policy statement on the Employment Non-discrimination Act see Equality in the Workplace and Inclusion in Legislation.

For more information on the ENDA see Federal Legislation: Employment Non-discrimination Act