U.S. Senator Jeff Merkley has introduced legislation that would prohibit employers from discriminating on the basis of an individual's sexual orientation or gender identity.
The Employment Non-Discrimination Act of 2009 (S.1584) would make it unlawful for employers to base employment decisions on an individual's actual or perceived sexual orientation or gender identity.
In addition, the legislation would prohibit employers from retaliating against employees who oppose such discrimination or who participate in an investigation into allegations of such discrimination.
The legislation has been introduced before. However, proponents say that the legislation has a better chance of making it into law this time around, citing President Obama's support and the super majority Democrats now hold in the Senate.
“With ENDA now pending in both the House and Senate, and with a pro-LGBT majority in Congress and a pro-ENDA president in the White House, we have an unprecedented opportunity to protect the rights of all Americans at work.,” says Christopher Anders, ACLU Senior Legislative Counsel:.
While no federal law bans discrimination based on sexual orientation or gender identity, some states have passed laws that do. You can see the states that do in the chart below.
Fair Employment Laws: Prohibitions, Coverage, and Exceptions, by State