Senate Passes ENDA, Fate Uncertain In the House

November 08, 2013

This week, the Senate passed the Employment Nondiscrimination Act, by 64 to 32, but the bill faces long odds in the House.  The only significant amendment strengthened protections for employers who claim a religious exemption under the bill.  The bill, S. 815, would:

  • Prohibit employment discrimination on the basis of an individual's actual or perceived sexual orientation or gender identity;
  • Prohibit quotas and preferential treatment, and disparate impact claims; and
  • Be enforced by the EEOC under the same procedures as Title VII.
The measure now moves to the House where it faces an uncertain future despite having 193 cosponsors, including five Republicans, and support from several large employers.  House Speaker John Boehner announced his opposition to the bill with a statement saying it "will increase frivolous litigation and cost American jobs, especially small business jobs."