Home blog How close is the Employment Non-Discrimination Act to becoming reality? Close, but not certain

How close is the Employment Non-Discrimination Act to becoming reality? Close, but not certain

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Perhaps one of the more fascinating – albeit troubling – aspects regarding the recent movement surrounding the 2009 Employee Non-Discrimination Act (ENDA) is the historical lack thereof.

In short, the proposed legislation would prohibit discrimination against employees (or potential employees) based on sexual orientation or gender identity.  The bill applies only to non-religious, civilian organizations with more than 15 employees.

ENDA is no stranger to the political scene.  A version of the bill was first introduced in 1994 before the 103rd Congress.  At its inception, legislative progress seemed imminent.

So why are we not celebrating ENDA’s 16th, 10th, or even 1st birthday?  Good question.  More importantly, how close are we to transforming what has become something of a mirage into law?

Congressmen and bona fide LGBT champions Barney Frank, D-Mass., and Jared Polis, D-Colo., have recently indicated that an inclusive ENDA will not only move out of the House Education and Labor Committee in the very near future, but also be presented to the House of Representatives shortly thereafter and pass with flying colors.

Of course, this isn’t the first time we’ve heard ruminations bearing a marked resemblance to the aforementioned.  What makes this time around any different? Mainly, timing.

Now that the ubiquitous healthcare reform measures have been put to bed, the hope is that ENDA’s path from committee, through the congressional labyrinth, to President Obama’s desk will be relatively swift and efficient.

That being said, Rep. Polis acknowledged in a recent interview with LGBT POV that passing the bill through the Senate may be a bit more complicated.  The 60 votes needed to pass will require the support of a few moderate Republicans.

Dr. Jillian Weiss, a college professor in New Jersey, has done all interested parties a favor and maintains a tally on likely ENDA House and Senate votes.

As the clock ticks on the weathered face of ENDA and LGBT proponents grow increasingly anxious, many have wondered about the seemingly disengaged shadowy figure in the corner, Speaker Nancy Pelosi.

Though Speaker Pelosi has long maintained her support for the bill, she has said that the appropriate time to bring the measure to the floor will be when the votes can be assured.  Activists like Dr. Weiss point out that unofficial whip counts indicate that ENDA does, in fact, have a House majority.  What it lacks is a green light from Speaker Pelosi.

Now that the House has re-convened, these next few weeks should be a telling indication regarding the life – or death – of ENDA.