The ENDA Litigation
Nightmare
FCR – Issue Brief
3-page PDF - November 2013 -
Issue Brief IF13K01
The “Employment
Non-Discrimination Act” (ENDA—S. 815 and H.R. 1755) would add “sexual
orientation” and “gender identity” as new protected categories in federal civil
rights law regarding employment. This amounts to giving homosexuals and
“transgenders” a license to sue their employers whenever they feel aggrieved.
We can see evidence of this
from the application of similar non-discrimination laws at the state and local
level. Family Research Council did research on news reports regarding such
suits. Few suits against private employers have been publicized, likely for a
simple reason—businesses settle such suits out of court, paying out settlements
rather than endure the expense and publicity of a trial.
However, an additional
concern is the impact of ENDA on public employers. The bill’s attempt to
dictate not only to private employers but to states and local governments as
well (in circumvention of the Constitution’s guarantee of state sovereignty) is
one of several serious concerns about this bill.
Examples are given of how
such laws impose a new burden on employers and cost upon taxpayers. . .
FAMILY RESEARCH COUNCIL
801 G STREET NW, WASHINGTON, D.C. 20001
202-393-2100 • fax
202-393-2134 • (800) 225-4008 order line
[Should BEHAVIOR off the job
be a condition for employment?]
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