Senate Approves Employee Non-Discrimination Act: House Response Hangs in the Balance

According to a recent news report from ABC the Senate has approved the Employee Non-Discrimination Act in a 64-32 vote. This is encouraging news for rights in the workplace but the House of Representatives has yet to act on the measure.


Our LBGT discrimination attorneys know that sexual orientation and gender identity have been an important topic in the United States for a long time but have just recently made critical strides.

The approval of the Non-Discrimination Act by the United States Senate comes about 17 years after a similar anti-discrimination act failed by a single vote.

This legislation represents the first significant gay rights bill considered by Congress since repealing the ban on gays openly serving in the military three years ago.

Proponents of the Employee Non-Discrimination Act feel the bill is really just Congress following the lead of localities and businesses throughout the United States.

Approximately 90 percent of Fortune 500 companies and about 22 states have made employment discrimination against transgender, bisexual, and gay Americans illegal.

The move really represents a shift that has slowly occurred among the American public over the past couple years as gay rights have made significant advances.

Surveys show that Americans are increasingly accepting of gay and transgender Americans and support defending their rights.

Clearly approval by the Senate is an extremely important step for the Employee Non-Discrimination Act. However, the House of Representatives still stands between the bill becoming law.

Due to the significant bipartisanship of the House it is unlikely the bill will come up for a vote before the end of this year.

Opponents of the bill feel it will create an increase in frivolous litigation and cost American jobs.

Political pundits are not hopeful of the Employee Non-Discrimination Act’s chances in the House of Representatives and know it will be an uphill battle to provide bisexual, transgender, and gay American workers with the protection from discrimination they deserve.

There has been encouraging language from some House members who say that legislation, such as the Employee Anti-Discrimination Act is an effective way to reach out to the LGBT community in a way that is reasonable and fair.

Although it is encouraging to see measured support in the House the passage of this anti-discrimination bill should be viewed as absolutely necessary.

All individuals should be able to get behind the idea of non-discrimination for all workers.

The problem of discrimination against gay and transgender workers is pervasive and widespread.

According to studies as much as 43% of gay employees have experienced some type of harassment and discrimination in the workplace. Moreover, a striking 90% of transgender workers have reported some form of mistreatment or harassment on the job.

Workplace abuses can post a serious and real threat to the economic security of transgender and gay workers.

Costa Mesa employment lawsuits can be filed with the help of the Nassiri Law Group, practicing in Orange County, Riverside and Los Angeles. Call 949.375.4734.

Additional Resources:

The New Lawsuit Ecosystem, Trends, Targets and Players, October 2013, Institute for Legal Reform

More Blog Entries:

California’s Top Employment Law Mistakes, Oct. 26, 2013, Orange County Employment Lawyer Blog

Proving Age Discrimination in the California Workplace, Oct. 22, 2013, Costa Mesa Disability Discrimination Lawyer Blog

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