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If the Employment Non-Discrimination Act Becomes Law
The Employment Non-Discrimination Act is expected to take into law in the early administration of President Obama, which will become one of the biggest employment changes.
The corresponsive act is Title VII which now does not includes sexual orientation as a protected class. This bill would make modification to Title VII to prohibit discrimination based upon sexual orientation. President Obama has indicated that he would like the law to prohibit both sexual orientation as well as gender identity discrimination. Whether gender identity is ultimately included will be something to watch for.
Although federal law does not currently include sexual orientation or gender identity as a protected class, many state laws do provide that sexual orientation, gender identity or both are protected classes. Up to now, there are 13 states and Washington, D.C. that protect against both sexual orientation and gender identity. These states are California, Colorado, Connecticut, Iowa, Illinois, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.
What's more, there are currently 7 states that protect against sexual orientation but not gender identity. These states are Hawaii, Maryland, Massachusetts, Nevade, New Hampshire, New York and Wisconsin.
What kind of new effect will this new federal law bring to your company? In order to have good preparation, employers should do as follows:
- Add sexual orientation as a protected class in their EEO Policy
- Add sexual orientation as a protected class in Anti-Harassment Policy
- Amend their Employment Application EEO paragraph to prohibit sexual orientation discrimination;
- provide training for managers and employees so that they understand what sexual orientation discrimination and harassment exactly mean.
Ending employment discrimination is good social and business policy. All employees may benefit psychologically if discrimination based on sexual orientation were eliminated in the work place.
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Workers Compensation News For 4/1/2008
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