On November 7, 2013, the Senate voted in favor of the Employment Non-Discrimination Act (ENDA), with a bipartisan vote of 64-32. The ENDA would prohibit employment discrimination on the basis of sexual orientation. The ENDA, however, is unlikely to have the same success in the Republican-controlled House of Representatives, where House Speaker John Boehner has voiced his opposition to the bill.
The Senate last voted on legislation prohibiting employment discrimination on the basis of sexual orientation in 1996 (and then the legislation failed to pass by one vote). This newest version of the bill also bans employment discrimination based on gender identity.
The ENDA, which is patterned on Title VII of the 1964 Civil Rights Act, would cover all employers with fifteen (15) or more employees. It does exempt religiously affiliated employers, defined as those who also are exempt from the religious discrimination provisions of Title VII. We will continue to monitor and update on the progress of this legislation as it works its way through the House.