This Article analyzes the widespread, pressing issue of workplace discrimination based on sexual orientation and gender identity and the lack of federal legislation that explicitly prohibits such discrimination. In an effort to address this type of discrimination, the Employment Non-Discrimination Act (ENDA) was proposed with the purpose to explicitly prohibit discrimination based on sexual orientation and gender identity. Although ENDA was passed by the Senate, it has yet to be heard by the House of Representatives.
The Author argues that federal legislation like ENDA is needed to ensure workplace equality. The Article notes that some supporters of ENDA have withdrawn their support because of ENDA’s current religious exemption and the possible implications of the Supreme Court’s decision in Hobby Lobby. However, the Author argues that if ENDA is passed, the Supreme Court’s decision in Hobby Lobby will not affect ENDA’s enforcement. The Author also takes the position that ENDA’s current religious exemption is more beneficial than harmful. While the Author concedes that ENDA is not perfect, he concludes that passing ENDA is a necessary step to bringing workplace equality for the LGBT community.