ENDA Vote Looms in U.S. House

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ENDA Vote Looms In U.S. House

Special Report - October 25, 2007
The U. S. House of Representatives is poised to vote on a controversial measure, the Employment Non-Discrimination Act (ENDA), that would prohibit discrimination in hiring and employment practices against people on the basis of “sexual orientation” and “gender identity.” ENDA would establish new employment rights for individuals who practice or identify with homosexuality and bisexuality and may even include those who are “transgendered.” The House Labor and Education committee approved the measure late last week, but the full House has not yet considered it.

The ENDA includes an exemption for “religious organizations,” but the exemption only applies to churches or educational institutions that are controlled or owned by churches or whose curriculum is directed toward the “propagation of a particular religion.” These vague terms could exclude Christian schools and universities, Christian bookstores, private employers, policy organizations, non-profits and others whose religious beliefs do not accommodate homosexuality, bisexuality and other “alternative” sexual behaviors.

The ENDA would place “sexual orientation” and “gender identity” discrimination claims on equal footing with race, gender and age discrimination claims by granting the same enforcement powers as under the Civil Rights Act of 1964. It would place primary enforcement power in the hands of the Equal Employment Opportunity Commission (EEOC). The measure specifically states that States are not immune from its provisions in situations where a State receives federal financial assistance for the State program in which the complaining employee or applicant works. It also would allow the recovery of attorneys’ fees for the prevailing party in a discrimination action, which could make it more feasible for disgruntled employees and applicants to file a myriad of lawsuits for “sexual orientation” discrimination.

The practical effect of the passage of ENDA would be to force employers to violate their constitutionally protected right of conscience, while at the same time providing an advantage in employment to individuals who flaunt their sexuality in the workplace.

“It is vitally important that all North Carolinians contact their members of Congress to ask them to vote against the ENDA in any form,” said NCFPC Attorney Tami Fitzgerald. “The ENDA would change the entire landscape of employment practices in North Carolina by prohibiting Christian employers from freely exercising their First Amendment rights. Employers will be forced to hire and promote employees in spite of their ‘sexual orientation,’ even though their religious beliefs and moral values do not condone homosexuality and bisexuality.”