A New Year's Resolution: Tips for Avoiding the Potential for Future Discrimination Claims Under ENDA


With the federal Employment Non-Discrimination Act (ENDA) gaining support and moving through Congress, this New Year may bring the addition of sexual orientation and gender identity to the list of protected categories in federal employment discrimination law.

Despite many lesbian, gay, bisexual, and transgender (LGBT)-inclusive state and local anti-discrimination laws, no current federal law expressly protects employees experiencing discrimination because of their sexual orientation or gender identity. ENDA would resolve this disparity by prohibiting employers with fifteen or more employees from using a person’s sexual orientation or gender identity as the basis for adverse employment action.

With ENDA on the horizon (and many state and local laws at the doorstep), employers should prepare now for the new workplace protections. Committing to the following New Year’s Resolutions will help businesses eliminate anti-LGBT bias in the workplace ahead of time and avoid costly discrimination suits in the future.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Natalie Hrubos, Duane Morris LLP | Attorney Advertising

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