Family Research Council

The ENDA Litigation Nightmare

By Family Research Council

The "Employment Non-Discrimination Act" (ENDA-S. 815 and H.R. 1755) would add "sexual orientation" and "gender identity" as new protected categories in federal civil rights law regarding employment. This amounts to giving homosexuals and "transgenders" a license to sue their employers whenever they feel aggrieved.

We can see evidence of this from the application of similar non-discrimination laws at the state and local level. Family Research Council did research on news reports regarding such suits. Few suits against private employers have been publicized, likely for a simple reason-businesses settle such suits out of court, paying out settlements rather than endure the expense and publicity of a trial.

However, an additional concern is the impact of ENDA on public employers. The bill's attempt to dictate not only to private employers but to states and local governments as well (in circumvention of the Constitution's guarantee of state sovereignty) is one of several serious concerns about this bill. Here are some examples of how such laws impose a new burden on employers and cost upon taxpayers. Continue Reading