Finding Common Ground: How Inclusive Language Can Account for the Diversity of Sexual Minority Populations in the Employment Non-Discrimination Act
The Employment Non-Discrimination Act (“ENDA”) aims to protect all American employees who are or may be perceived as gay, lesbian, or bisexual by prohibiting discrimination in employment or employment opportunities, including, “firing, hiring, compensation, terms, conditions and privileges of employment . . . .”
Thus, ENDA creates a cause of action for any individual who is discriminated against because that individual is “‘perceived’” as a homosexual, bisexual or heterosexual, whether or not they actually identify as such.
This Note explores possible language for ENDA, a measure that has been the primary legislative vehicle for extending federal protection from employment discrimination on the basis of an employee’s actual or perceived sexual orientation.