Employment Non-Discrimination Act (ENDA)

ENDA will make it illegal for employers to refuse to hire an employee based on that person’s “sexual orientation” or “gender identity.” This would mean that a business or organization with more than 10 employees would be barred by federal law from refusing to hire a person because of the person’s sexual orientation or how they identify their gender “with or without regard to the individual’s designated sex at birth.” This opens up the opportunity for anyone to file a lawsuit against a business or organization they claim did not hire them based on their “sexual orientation” or “gender identity.”

Although H.R. 1397 includes an exemption for religious organizations, this religious exemption could lead to courts making a determination if a certain employee was hired to perform work of a religious nature, or if the business or organization is even religious in nature. Additionally, this religious exemption would not apply to a secular company, even if owned and operated by people of faith who believe that homosexuality is a sin. H.R. 1397 will require people of faith to check their religious practices at the door of their workplace.