Just days before this weekend's gay pride celebrations, Representative Barney Frank
introduced the Employment Nondiscrimination Act (ENDA) in the House
of Representatives. ENDA would outlaw employment discrimination on
the basis of sexual orientation or gender identity.
The gender identity part
didn't make it into the bill last time around, much to the
consternation of many LGBT activists. This year's model is referred
to as "inclusive" because it includes gender identity
protection. (Prohibiting discrimination based on gender identity,
defined as a person's gender-related appearance, mannerisms,
characteristics, or...
Blog About: Just in Time for Gay Pride: Inclusive ENDA Introduced
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The Year to Come: How Will Employment Law Change in 2010?
My last post covered some of the many employment law developments of 2009, but what about the future? This could be another big year in the field, mainly because of the recent retirement announcements by Senator Dodd and Senator Dorgan, both Democrats. This means 2010 could be the swan song of the 60-vote Democrat (and Independent) filibuster-proof majority, giving some extra urgency to some of the labor and employee protective measures under consideration, such as:
Federal Appeals Court Allows Homosexual Employee's Title VII Gender Stereotyping Case to Proceed.
In a decision that can make it easier for homosexual employees to sue their employers for discrimination, the federal appeals court in Pennsylvania has ruled that although federal law does not prohibit sexual orientation discrimination in the workplace, it does prohibit employers from discriminating against gay and lesbian employees who do not conform with gender stereotypes.
Good Eats, Inc. runs a family restaurant in a state which prohibits discrimination in employment based upon gender identity and disability. Its employees are required to wear name-tags, and to dress the same (black pants and shirt, minimal jewelry, conservative make-up). It has men's and women's restrooms, used by customers and employees alike. An employee (George) tells the manager that he is in transition to becoming a woman, and wants:
The Governor of New York has issued an executive order prohibiting New York state agencies from discriminating against any individual on the basis of gender identity and expression in any matter pertaining to employment by the state.
[CCH article]
Federal Legislation Introduced To Ban Sexual Orientation and Gender Identity Discrimination.
Legislation was introduced in both the U.S. Senate and House of Representatives this summer to prohibit job discrimination on the basis of an employees actual or perceived sexual orientation and gender identity.
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