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By David G. Taylor November 26, 2011
Back to Expand the Employment Non-Discrimination Act to include sexual orientation and gender identity

Bill highly unlikely to pass Congress

One of Barack Obama's promises to the lesbian, gay, bisexual and transgender community was to support Congressional passage of the Employment Non-Discrimination Act (supporters refer to is as ENDA). This bill would forbid discrimination of workers based on their sexual orientation or gender identity.

A version of the ENDA has been introduced in almost every session of Congress since the early 1990s. Rep. Barney Frank, D-Mass., sponsored a new version of the bill last spring. Sen. Jeff Merkley, D-Ore., followed shortly thereafter with a new version in the U.S. Senate. Both bills have been stuck in committee and show no signs of moving any time soon.

Will the ENDA actually become law during the 112th Congress?

We talked to Jennifer Pizer, Legal Director at the Williams Institute on Sexual Orientation Law and Public Policy. She told us that, given the Republican Party"s control of the U.S. House of Representatives, it is extremely unlikely that ENDA will wind up on President Obama"s desk anytime soon. The ENDA is nowhere near the top of the Republican Party"s priorities. Even if this were not the case, Congress is currently entrenched in budgetary and fiscal issues.

If the Democratic Party could not pass ENDA given its majorities from 2009-2010, then it"s even more unlikely for the legislation to succeed in the current Congress. The Obama administration may support ENDA, but given current political realities, it's highly unlikely to pass. We rate this a Promise Broken.

Our Sources

Employment Non-Discrimination Act (H.R. 1397): Summary & Status.

Employment Non-Discrimination Act of 2011 (S. 811): Summary & Status.

Interview with the Jennifer Pizer, Legal Director at the Williams Institute on Sexual Orientation Law and Public Policy.