LGBT Non-Discrimination Bill Clears Senate Panel

On July 10, 2013, the Senate's Health, Education, Labor and Pensions Committee passed bill S.815, titled the Employment Non-Discrimination Act of 2013 ("ENDA"), setting the stage for consideration by the full Senate later this year.

ENDA would prohibit covered employers from discriminating against employees or job applicants on the basis of such individual's actual or perceived sexual orientation or gender identity. The bill also covers employment agencies and labor organizations but excludes religious institutions and the Armed Forces. ENDA would not permit preferential treatment based on actual or perceived sexual orientation, nor would it allow employers to create quotas. The bill would allow for disparate treatment but not disparate impact claims.