From: Date: Tue, 05 Jul 94 11:44:27 -0400 Eastern ***************************************************************** TALKING POINTS TALKING POINTS TALKING POINTS THE HUMAN RIGHTS CAMPAIGN FUND The Nation's Largest Lesbian, Gay and Bisexual Political Group ***************************************************************** EMPLOYMENT NON-DISCRIMINATION ACT OF 1994 HR4636 & S2238 TALKING POINTS The Employment Non-Discrimination Act of 1994 (ENDA) extends federal employment discrimination protections currently provided based on race, religion, gender, national origin, age and disability to sexual orientation. Thus, END Act extends fair employment practices -- not special rights -- to lesbians, gay men, bisexuals and heterosexuals. ENDA prohibits employers, employment agencies, and labor unions from using an individuals sexual orientation as the basis for employment decisions, such as hiring, firing, promotion, or compensation. Under ENDA, covered entities cannot subject an individual to different standards of treatment based on that individuals sexual orientation (real or perceived) or discriminate against an individual based on the sexual orientation of those with whom the individual associates. The "disparate impact" claim available under Title VII of the Civil Rights Act of 1964 (Title VII) is not available under ENDA. Therefore, an employer is not required to justify a neutral practice that may have a statistically disparate impact based on sexual orientation. ENDA exempts small businesses, as do existing civil rights statutes, and does not apply to employers with fewer that fifteen employees. ENDA exempts religious organizations including educational institutions substantially controlled or supported by religious organizations. ENDA prohibits preferential treatment, including quotas, based on sexual orientation. ENDA does not require an employer to provide benefits for the same-sex partner of an employee. ENDA does not apply to the uniformed members of the armed forces and thus does not affect current law on lesbians and gay men in the military. ENDA provides for the same remedies (injunctive relief and damages) as are permitted under Title VII and the Americans with Disabilities Act (ADA). ENDA applies to Congress, with the same remedies as provided by the Civil Rights Act of 1991 and the ADA. ENDA is not retroactive. ### 1101 14th Street, NW Suite 200 Washington, DC 20005 phone:(202)628-4160 fax:(202) 347-5323