LGBT Non-Discrimination Bill Passes Senate

On November 7, 2013, the United States Senate passed bill S.815, titled the Employment Non-Discrimination Act ("ENDA"). The bill will next be passed to the House of Representatives, where it is expected to face stiff opposition.

As we previously posted here, if passed into law, ENDA would prohibit covered employers from discriminating against employees and job applicants on the basis of sexual orientation or gender identity. The bill also bars employers from creating quotas on the basis of sexual orientation or gender identity. ENDA would permit disparate treatment claims but not disparate impact causes of action. Like other federal non-discrimination laws, ENDA contains a non-retaliation provision that protects...