Employment Non-Discrimination Act
ENDA has been introduced in every Congress, except the 109th, since 1994, albeit without gender identity protections, but gained its best chance at passing after the Democratic Party broke twelve years of Republican Congressional rule in the 2006 midterm elections. However, some sponsors believed that even with a Democratic majority, ENDA did not have enough votes to pass the House of Representatives with transgender inclusion, and dropped it from the bill, which passed and subsequently died in the Senate. LGBT advocacy organizations were divided over support of the changed bill.
In 2009, on the heels of the 2008 elections that strengthened the Democratic majority, and after the debacle of the 2007 ENDA divisions, only a transgender-inclusive ENDA was introduced by House representative Barney Frank. Frank reintroduced the bill in 2011. Shortly thereafter, the bill was introduced in the Senate by Jeff Merkley.
Evidence on need for passage
Evidence Discrimination based on sexual orientation occurs at a similar rate as sex and race at 4.7 per 10,000, as compared to discrimination based on sex at 5.4 and race at 6.5. In states that have discrimination policies in place, LGB complaints are equivalent to the number of complaints filed based on sex and less than the number of complaints filed based on race.
The Williams Institute estimates the number of LGBT employees as follows: 7 million private sector employees, 1 million state and local employees, and 200,000 employees of the federal government. Thirty percent of state and local LGBT employees live in California and New York. In comparison, LGB people make up only one half of one percent of state and local employees in Montana, North Dakota and Wyoming combined. This suggests that the need for policy to address discrimination may vary across the country. Surveys which seek to document discrimination on the basis of perceived sexual orientation and/or gender identity are often conducted with a pool of self identified LGBT people, making it difficult to ascertain the impact of this type of discrimination on non-LGBT individuals.
Transgender people may experience higher rates of discrimination that the LGB population. A survey of transgender and gender non-conforming people Conducted by the National Center for Transgender Equality found 90 percent of respondents experienced harassment, mistreatment or discrimination on the job or took actions like hiding who they are to avoid it. In comparison, a review of studies conducted by the Williams Institute in 2007 found that transgender people experienced employment discrimination at a rate 15 to 57 percent.
It is unclear whether LGBT individuals earn more or less than the general population. In a survey conducted by Harris Interactive, 38 percent of LGBT people report incomes less than $35,000,compared to 33 of all US adults over age 18. Some organizations believe that no such gap exists, and that LGBT people may in fact have higher incomes than non-LGBT families. The American Family Association (AFA) argues that homosexuals as a class enjoy privileged, rather than disadvantaged economic and cultural positions in society and that their household income is above average.
As with other employers in most states, there is no federal statute addressing employment discrimination based on sexual orientation or gender identity in the federal government. However, in 1998, the administration of President Bill Clinton interpreted the Civil Service Reform Act of 1978, prohibiting federal government workplace discrimination "on the basis of conduct not related to job performance", as meaning sexual orientation [as a factor not related to job performance], and issued an executive order to more strongly cover the executive branch, over which the President has more control. In 2009 Barack Obama did the same for gender identity. However, remedies pursued under this law are limited.
Existing workplace policies
Many large companies already provide equal rights and benefits to their lesbian, gay, bisexual and transgender employees, as measured by the Human Rights Campaign (HRC) through their Corporate Equality Index. The 2011 report found that 337 large companies received a 100% rating. These businesses employ a total of over 8.3 million full-time U.S. workers. When the Rights Campaign’s Corporate Equality Index was first utilized in 2002, 13 companies were rated 100 percent. Additionally, each year, corporations send thousands of employees to the Out & Equal Regional Summit, a conference that intends to create a more inclusive work environment for lesbian, gay, bisexual and transgender employees. Furthermore, there are workplace resources for how allies can create a more inclusive work environment, including programs available through PFLAG and the Out & Equal publication, Allies at Work, by David M. Hall.
Widespread adoption of private workplace policies may be motivated by good business sense, the Williams Institute suggests. It's conclusion is based on a set of studies that show that lesbians and gay men who have come out at work report lower levels of anxiety, less conflict between work and personal life, greater job satisfaction, more sharing of employers' goals, higher levels of satisfaction with their co-workers, more self-esteem, and better physical health.
Current version provisions
The current version of the bill under consideration in Congress would prohibit private employers with more than 15 employees from discriminating on the basis of sexual orientation or gender identity.
Religious organizations are provided a special exception to this protection, similar to the principles of the Civil Rights Act. Non-profit membership-only clubs (except labor unions) are likewise not bound to this rule.
The bill defines that service in the military is not "employment" and thus it does not affect the don't ask, don't tell (DADT) policy of the United States military. DADT was repealed by the Don't Ask, Don't Tell Act of 2010, signed by President Barack Obama on December 22, 2010. DADT will remain in place until President Obama, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff can certify that repeal will not harm military readiness, followed by a 60-day waiting period. On April 8, 2011, Adm. Gary Roughead, chief of naval operations reported to the House Armed Services Committee that "Our training is going very well." "In those areas that we detected that there may be some areas of moderate risk...it is not at the level that we had originally forecasted." The training may be completed as early as June 2011.
103rd through 108th Congresses
While the first bill on the subject of sexual orientation discrimination was introduced in Congress in 1974, the first bill using the current title of "Employment Non-Discrimination Act" was introduced in 1994. It failed in 1994 and 1995, though by 1996, missed passage in the Senate by a 49-50 vote. Versions of ENDA introduced in the 103rd through 108th Congresses did not include provisions that protect transgender people from discrimination.
ENDA was not introduced in the 109th Congress.
In the 110th United States Congress there were two versions of the bill:
- H.R. 2015, introduced on April 24, 2007 by Representatives Barney Frank, Chris Shays, Tammy Baldwin, and Deborah Pryce, does include gender identity within its protections; and
- H.R. 3685, introduced by Representative Frank on September 27, 2007 and passed by the Education and Labor Committee on October 18, does not include gender identity within its scope. On November 7, 2007, H.R. 3685 was passed by the House of Representatives by a vote of 235 to 184 (14 members did not vote).
Under both versions, the bill provided employment protections similar to those of the Civil Rights Act of 1964 (the employment section is also known as "Title VII"), but specifically directed to gay, lesbian, bisexual (and under HR 2015, transgender) employees. The bills were different from Title VII in that they contained exemptions concerning employer dress codes.
H.R. 2015 does contain provisions that protect transgender people from discrimination, including a specific definition of gender identity, as well as exemptions for employer dress codes and locker rooms The bill defines gender identity as "gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth." The bill also specifically allowed employers to require adherence "to the same dress or grooming standards for the gender to which the employee has transitioned or is transitioning."
After H.R. 2015 died in committee, Frank proposed a new bill, H.R. 3685, that contained only prohibitions on sexual orientation discrimination, excluding gender identity. Some LGBT activist organizations responded by refusing to support H.R. 3685. This version was protested against by many LGBT rights organizations in the United States, with the exception of the Human Rights Campaign.
Many[who?] have claimed that excluding transgender people would undermine the underlying principle of ENDA, which is that fairness is a fundamental American principle. In addition, failure to include gender identity/expression will weaken the protection for the portion of the gay population that needs it most: gender non-conforming gays, who are discriminated against in greater numbers than their gender-conforming compatriots. The courts would narrowly interpret a sexual-orientation-only ENDA as not covering anti-gay discrimination that stems from gender expression. Those favoring exclusion counter that it will ease the process of passing some changes in civil rights.
The Washington Blade reported on June 17, 2009 that Rep. Barney Frank (D-MA) had announced plans to introduce an ENDA bill (H.R. 2981) that includes gender identity in June 2009, with original cosponsors slated to include 4 Republicans. The lead Republican cosponsor is Rep. Ileana Ros-Lehtinen (R-FL).
On June 24, 2009, Rep. Barney Frank introduced H.R. 3017 to ban workplace discrimination based on sexual orientation and gender identity. The Advocate reported that "the 2009 Employment Nondiscrimination Act (ENDA) has 114 original cosponsors, up from 62 cosponsors for the trans-inclusive bill of 2007."  Republican Main Street Partnership members Mark Kirk (R-IL), Mike Castle (R-DE), Todd Russell Platts (R-PA), Judy Biggert (R-IL), and Leonard Lance (R-NJ) were among the original cosponsors. Earlier in June Frank had introduced H.R. 2981 for the same purpose. H.R. 3017 was referred to the House Education and Labor Committee; a hearing was held before the committee on September 23, 2009 but no further action was taken.
At the end of the 111th Congress, H.R. 3017 had 203 cosponsors in the House.
The Washington Blade reported on August 5, 2009 that Sen. Jeff Merkley introduced an ENDA bill (S. 1584) that included gender identity, with 38 original cosponsors including Sens. Ted Kennedy (D-MA), Susan Collins (R-ME), Olympia Snowe (R-ME) and Chris Dodd (D-CT), according to a statement released by Merkley’s office. Sen. Merkley was quoted by The Advocate as noting that while he has yet to consult with others, “[i]t’s certainly possible that this could be passed by year’s end, though the [congressional] schedule is very crowded."
Blue Oregon, a progressive Oregon blog, commented on the suitability of Sen. Merkley to be lead sponsor of ENDA, noting that as Speaker of the Oregon House of Representatives Merkley had successfully guided Oregon's state version of ENDA, the Oregon Equality Act, to become law.
As of March 13, 2010, S. 1584 had 45 co-sponsors and was pending before the Health, Education, Labor, and Pensions (HELP) Committee. A hearing was held before the committee on November 5, 2009.
On April 6, 2011, Rep. Barney Frank introduced an ENDA bill (H.R. 1397) to the 112th Congress House of Representatives to ban workplace discrimination based on sexual orientation and gender identity. The bill had 111 original cosponsors, compared to 203 cosponsors at the conclusion of the 111th Congress.
Arguments in favor of ENDA
Most proponents of the law intend it to address cases where gay, lesbian, bisexual, and transgender employees have been discriminated against by their employers because of their sexual orientation or gender identity. Currently, these employees are unable to find protection in the courts because sexual orientation is not considered to be a suspect class by the federal courts and by many U.S. states. Proponents argue that such a law is appropriate in light of the United States Constitution's guarantees of equal protection and due process to all. Advocates argue that homosexuality is not a “choice” but a personal identity, a claim supported by the American Psychology Association (APA), and that all working people have a right to be judged by the quality of their work performance and not by completely unrelated factors. According to a study published in 2001 by the Williams Institute at the UCLA School of Law, reports of discrimination based on sexual orientation are roughly equal to those on race or gender. The APA also states that there is significant discrimination against homosexuals in the workforce. There are also studies showing that local anti-discrimination laws are ineffective, and federal law is needed.
Cost estimates from the Congressional Budget Office from 2002 show that the EEOC estimated that their complaint caseload would rise by only 5 to 7%. Assessments of the impact of comparable state policies also show a minimal impact on caseload. Regarding constitutionality, the act incorporates language similar to that of Title VII of the Civil Rights Act of 1964, which has consistently been upheld by the courts.
- ENDA is about extending to everyone the successful protections that have worked well in many states.
- Already, 12 states, the District of Columbia and more than 100 localities have non-discrimination protections that protect all LGBT workers, covering nearly 40 percent of Americans, from employment discrimination. These advancements have helped to protect workers in many places, but many more remain unprotected. Passing ENDA would end inconsistencies that vary by geography and ensure that, no matter where an employee works, they enjoy the same protections as all other employees. A strong federal law will provide uniformity of coverage and close the gaps in state and local law.
- Inclusion of gender identity is essential to the bill.
- The inclusion of gender identity is vital. First, it is necessary to cover transgender people, who are among the most discriminated-against Americans. Second, it is essential to fully protect lesbian, gay, bisexual, and even heterosexual people who may not fit traditional gender norms. The LGBT community is speaking in one voice: we must move forward with employment protections together.
- Non-discrimination means increased productivity.
- Employees who are happy and secure in their jobs, and who do not have to spend time hiding who they are for fear of discrimination, perform their jobs better and more quickly compared to those employees who are unhappy. Protections prohibiting employee discrimination reduce the level of anxiety caused by job insecurity. Extending the law to include sexual orientation and gender identity would likely boost the feeling of job security amongst LGBT people, which will in turn boost productivity of these individuals, their work teams, their companies, and collectively, the nation.
- ENDA applies to the same entities covered under Title VII of the Civil Rights Act of 1964.
- These include private employers with 15 or more employees, federal, state and local governments, labor unions and employment agencies. The Armed Forces, religious institutions and employers with less than 15 employees are exempt from this law. 
- State laws don’t protect LGBT people.
- Currently, 20 states offer employment protections against discrimination based on sexual orientation, and only 13 protect against discrimination based on gender identity. Millions of LGBT people are left without employment protections.
- ENDA reaffirms America’s commitment to judge people by their talents, ambition, and merit, not who they are.
- ENDA is popular.
- Gallup in 2007 found that 89% of Americans support job protections for gay, lesbian, and bisexual people. An HRC-commissioned poll found that 65% of Americans support protections for transgender workers.
- ENDA has a broad array of support from civil rights groups, faith groups, unions, and businesses.
- Check out the growing list of endorsements and see if any organizations important in your district or state are on the list.
- ENDA would not hurt freedom of religion.
- The ENDA has a religious exemption so churches will not be required to ordain LGBT clergy or hire LGBT people if they don’t want to. In fact, ENDA has even received the endorsement of the Interfaith Alliance, an association of churches from 75 faith traditions.
- ENDA will not hurt businesses.
- Over 470 of Fortune 500 companies have passed employment policies that ban discrimination on the basis of sexual orientation. 200 of the Fortune 500 corporations included “gender identity” in their non-discrimination policies, compared to just 3 in 2000. Small businesses (under 15 employees) are exempt. Many corporations have endorsed ENDA in the past and will do so this year. Discrimination hurts American businesses, not ENDA.
Opponents arguments against ENDA
Gay people as a “protected class”
Opponents of ENDA sometimes argue that gay people should not be considered a “protected class of employees” by law. However, ENDA would not protect "homosexuals" as a class; rather, the law would ban discrimination in employment based on any sexual orientation (including heterosexual orientation). Consumer surveys show that self-identified gay individuals likely have higher incomes than the average US household, and ENDA opponents argue that many gay people hold positions of cultural influence as well. The conservative Christian organization American Family Association's (AFA) Journal concluded in 2007 that there was “no real problem of discrimination against homosexuals.” Additionally, AFA is concerned about how non-discrimination laws impact religious organizations. The organization cites a lack of clarity around whether the narrow exemption would apply to support staff and lay employees in addition to churches and clergy.
The Traditional Values Coalition bases its argument against additional legal protections for gender identity on fears that it will have a negative impact on school children, claiming that ENDA would threaten a stable and supportive learning environment. A non-discrimination policy would eliminate schools' ability to discriminate against transgender teachers. Likewise, the Traditional Values Coalition is concerned that parents are not being adequately informed of the presence of transgender teachers in their children's classrooms. It argues that children should not be “subjected to [a transgendered] man’s [sic] bizarre sexual transformation,” as it claims transgender individuals are “seriously mentally disturbed.” The Traditional Values Coalition argues that individuals cannot change their sex, even with surgery, and do not believe it is possible to successfully transition from one sex to another.
On May 14, 1974, the fifth anniversary of the Stonewall Rebellion, Representatives Bella Abzug and Ed Koch introduced H.R. 14752, the "Gay Rights Bill." The bill would have added "sexual orientation" to the Civil Rights Act of 1964.
In the early 1990s, a new strategy emerged. Rather than trying to obtain all of the rights in the Civil Rights Act, the legislative efforts focused on employment rights, and the "Equality Act" was renamed the "Employment Non-Discrimination Act," (H.R. 4636/S.2238) and introduced by Rep. Gerry Studds on June 23, 1994. [Congressional Record, 103rd Congress, 2d Session, 140 Cong. Rec. E 1311; Vol. 140 No. 81 (June 23, 1994).] The legislation failed in 1994 and 1995. In 1996, the bill came within one vote passage in the Senate and was not voted on in the House, its success perhaps spurred by backlash from the recently passed DOMA, the "Defense of Marriage Act" that permitted the states and mandated the federal government to ignore same sex marriages from other states. HRC sets out the timeline of ENDA introductions.
Transgender inclusion in ENDA
The inclusion of transgender employees in ENDA has long been debated in the LGBT community. One argument is that transgender individuals are already covered under existing laws prohibiting employment based on gender stereotypes.
In 1999, the National Gay and Lesbian Task Force became the first LGBT civil rights organization to stop work on ENDA because of its lack of transgender-inclusion. From 1999 to 2007, it has worked to build a LGBT community consensus to only support a trans-inclusive bill, and participated in redrafting the fully trans-inclusive version for the 110th Congress. ENDA now enjoys the unequivocal support of a large coalition of civil rights, labor and religious organizations. In August 2004, the Human Rights Campaign – an LGBT organization that is among the primary lobbyists for the bill – announced that it will only support passage of ENDA if it included gender identity protections as well. However, in November 2007, it reneged on its stance and supported a non-inclusive ENDA instead. A 2004 article by Matt Foreman, the executive director of the National Gay and Lesbian Task Force discusses this.
|Congress||Short title||Bill number(s)||Gender identity included?||Date introduced||Sponsor(s)||# of cosponsors||Latest status|
|112th Congress||Employment Non-Discrimination Act||H.R. 1397||Yes||April 6, 2011||Rep. Barney Frank (D-MA)||133||Referred to the Education and the Workforce, House Administration, Oversight and Government Reform, and Judiciary committees.|
|S. 811||Yes||April 14, 2011||Sen. Jeff Merkley (D-OR)||39||Referred to the Health, Education, Labor, and Pensions committee.|
|111th Congress||Employment Non-Discrimination Act of 2009||H.R. 3017||Yes||June 24, 2009||Rep. Barney Frank (D-MA)||203||Referred to the Judiciary, House Administration, Education and Labor, and Oversight and Government Reform committees. Hearings held September 23, 2009 in Education and Labor committee.|
|H.R. 2981||Yes||June 19, 2009||Rep. Barney Frank (D-MA)||12||Referred to the House Judiciary Committee|
|S. 1584||Yes||August 5, 2009||Sen. Jeff Merkley (D-OR)||45||Referred to the Senate Health, Education, Labor, and Pensions Committee Hearings held November 5, 2009.|
|110th Congress||Employment Non-Discrimination Act of 2007||H.R. 2015||Yes||April 24, 2007||Rep. Barney Frank (D-MA)||184||Died in the House Subcommittee on the Constitution, Civil Rights and Civil Liberties|
|H.R. 3681||No||September 27, 2007||Rep. Barney Frank (D-MA)||9||Passed the House (235-184), died in the Senate|
|108th Congress||Employment Non-Discrimination Act of 2003||H.R. 3285||No||October 8, 2003||Rep. Christopher Shays (R-CT)||180||Died in the House Subcommittee on Employer-Employee Relations|
|S. 1705||No||October 2, 2003||Sen. Ted Kennedy (D-MA)||43||Died in the Senate Committee on Health, Education, Labor, and Pensions|
|107th Congress||Employment Non-Discrimination Act of 2001||H.R. 2692||No||July 31, 2001||Rep. Christopher Shays (R-CT)||193||Died in the House Subcommittee on Employer-Employee Relations|
|S. 1284||No||July 31, 2001||Sen. Ted Kennedy (D-MA)||44||Died in the Senate|
|106th Congress||Employment Non-Discrimination Act of 1999||H.R. 2355||No||June 24, 1999||Rep. Christopher Shays (R-CT)||173||Died in the House Subcommittee on Employer-Employee Relations|
|S. 1276||No||June 24, 1999||Sen. Jim Jeffords (R-VT)||36||Died in the Senate Committee on Health, Education, Labor, and Pensions|
|105th Congress||Employment Non-Discrimination Act of 1997||H.R. 1858||No||June 10, 1997||Rep. Christopher Shays (R-CT)||140||Died in the House Subcommittee on Employer-Employee Relations|
|S. 869||No||June 10, 1997||Sen. Jim Jeffords (R-VT)||34||Died in the Senate Committee on Labor and Human Resources|
|104th Congress||Employment Non-Discrimination Act of 1995||H.R. 1863||No||June 15, 1995||Rep. Gerry Studds (D-MA)||142||Died in the House Subcommittee on the Constitution|
|S. 932||No||June 15, 1995||Sen. Jim Jeffords (R-VT)||30||Died in the Senate Committee on Labor and Human Resources|
|S. 2056||No||September 5, 1996||Sen. Ted Kennedy (D-MA)||3||Failed in Senate (49-50)|
|103rd Congress||Employment Non-Discrimination Act of 1994||H.R. 4636||No||June 23, 1994||Rep. Gerry Studds (D-MA)||137||Died in the House Subcommittee on Select Education and Civil Rights|
|S. 2238||No||July 29, 1994||Sen. Ted Kennedy (D-MA)||30||Died in the Senate Committee on Labor and Human Resources|
|Part of a series on|
|Lesbian, gay, bisexual
and transgender (LGBT)
|Laws around the world
Recognition of relationships
LGBT rights organizations
United ENDA was formed in 2007 to unite organizations advocating for passage of a transgender-inclusive ENDA. The United ENDA Steering Committee is comprised of:
- Equality Federation
- Gay & Lesbian Advocates & Defenders (GLAD)
- National Black Justice Coalition (NBJC)
- National Center for Lesbian Rights (NCLR)
- National Center for Transgender Equality (NCTE) - co-chair
- National Religious Leadership Roundtable
- National Stonewall Democrats
- Out and Equal
- Parents, Family and Friends of Lesbians and Gays (PFLAG)
- Pride at Work, AFL-CIO
- The National Gay and Lesbian Task Force - co-chair
- Transgender Law Center
The United ENDA website has a complete list of member organizations.
- American Family Association
- Family Research Council
- Liberty Counsel
- Traditional Values Coalition (TVC)
- American Family Association
- United ENDA email action
- NCTE iPetition
- Blogging for ENDA
- HRC's Change.org petition
- United ENDA Act Now resources
|Some content in this article from Wikipedia's WikiProject LGBT studies|
|The Wikipedia article is Employment Non-Discrimination Act|
|Special thank you to participants of Wikipedia's WikiProject LGBT studies!|
- Ramos, Christopher. ""Evidence of Employment Discrimination on the Basis of Sexual Orientation and Gender Identity: Complaints Filed with State Enforcement Agencies, 1999-2007"". The Williams Institute. Retrieved April 30, 2011.
- ""The State of the Workplace: for Lesbian, Gay, Bisexual, and Transgender Americans"". Human Rights Campaign.
- ""Estimates of LGBT Public Employees"". The Williams Institute. Retrieved Accessed April 30, 2011.
- Grant, Jamie M. ""Injustice at Every Turn: A Report of the National Transgender Discrimination Survey."". National Center for Transgender Equality and National Gay and Lesbian Task Force.
- Badgette, M.V. Lee. ""Bias in the Workplace: Consistent Evidence of Sexual Orientation and Gender Identity Discrimination"". The Williams Institute.
- Witeck, Bob. ""Ending Employment Discrimination in America: Lies, Damned Lies and Statistics About America's LGBT Families"".
- Vitagliano, Ed. ""How ENDA Could Begin an Uncivil War"". American Family Association Journal. Retrieved April 30, 2011.
- Freedberg, Louis (1998-07-08). "Republicans Trying To Kill Gay Order / Clinton barred discrimination". San Francisco Chronicle. Retrieved 2009-06-25.
- "Administration Adds Gender Identity To Equal Employment Opportunity Policies". American Civil Liberties Union. 2010-01-05. Retrieved 2011-02-28.
- Ishimaru, Stuart (2009-09-23). "Stuart J. Ishimaru's testimony before the House Committee on Education and Labor" (pdf). Equal Employment Opportunity Commission. p. 12. Retrieved 2011-02-28.
- ""Corporate Equality Index: Rating American Workplaces on Lesbian, Gay, Bisexual and Transgender Equality"". Human Rights Campaign. Retrieved May 2, 2011.
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- ""Employment Discrimination against Lesbian, Gay, Bisexual, and Transgender People in Oklahoma"". The Williams Institute. Retrieved Accessed April 30, 2011.
- Mianecki, Julie. ""Don't Ask Don't Tell going better than expected"". Tribune Washington Bureau. Chicago Tribune. Retrieved April 30, 2011.
- Manley, Roslyn. (June 17, 2003) New "Unified" Bill to Replace ENDA: A Left Coast Perspective TG Crossroads. Accessed October 20, 2007.
- FINAL VOTE RESULTS FOR H R 3685
- Civil Rights Act of 1964
- Weiss, Jillian Todd. (April 26, 2007) The text of ENDA Transgender Workplace Diversity Blog. Accessed October 20, 2007.
- Eleveld, Kerry. (September 29, 2007) ENDA to Be Separated Into Two Bills: Sexual Orientation and Gender Identity The Advocate. Accessed October 20, 2007.
- Schindler, Paul. (October 4, 2007) HRC Alone in Eschewing No-Compromise Stand Gay City News. Accessed October 8, 2007.
- Chibarro, Lou (2009-06-17). "Rep. Frank close to introducing ENDA". Washington Blade. Retrieved 2009-06-25.[dead link]
- Frank Introduces Trans-Inclusive ENDA|News|Advocate.com:
- Search Results - THOMAS (Library of Congress)
- "Congressional hearing on ENDA: great success!". Bilerico.com.
- Search Results - THOMAS (Library of Congress):
- Search Results - THOMAS (Library of Congress):
- Johnson, Chris (2009-08-05). "Merkley introduces ENDA in Senate". Washington Blade. Retrieved 2009-08-05.[dead link]
- Harmon, Andrew (2009-08-05). "ENDA Possible by Year's End". The Advocate. Retrieved 2009-08-05.
- "Employment Non-Discrimination Act: Ensuring Opportunity for All Americans". U.S. Senate Committee on Health, Education, Labor, and Pensions.
- Geidner, Chris. "ENDA Introduced -- With 92 Fewer Co-Sponsors Than at the End of the 111th Congress". MetroWeekly. Retrieved 7 April 2011.
- "Merkley, Kirk, Harkin, Collins Introduce Legislation to End Workplace Discrimination". Office of Senator Jeff Merkley. Retrieved 14 April 2011.
- Examining the Employment Nondiscrimination Act (ENDA): The Scientists Perspective American Psychological Association. Accessed May 22, 2010.
- Rubenstein, William B. (January 30, 2002) Do Gay Rights Laws Matter?: An Empirical Assessment The Williams Institute, UCLA School of Law. Accessed October 20, 2007.
- Flatt, Victor. (November 21, 2006) We need Federal Law to Protect Gays and Lesbians from Discrimination University of Houston Law Center Faculty Blog. Accessed October 20, 2007.
- (April 24, 2002) CBO Cost Estimate: S. 1284 Employment Non-Discrimination Act of 2002 Congressional Budget Office. Accessed October 20, 2007.
- ""Employment Discrimination against Lesbian, Gay, Bisexual, and Transgender People in Oklahoma"". The Williams Institute. Retrieved May 1, 2011.
- PFLAG - ENDA Talking Points
- [http://endacentral.wordpress.com/talking-point/ ENDA Central - ENDA talking points by NCTE
- Viagliano, Ed (September 2007). "How ENDA could begin an Uncivil war". American Family Association Journal (American Family Association). Retrieved May 22, 2010.
- CMI's 3rd Annual Gay and Lesbian Consumer Index Community Marketing, Inc. Accessed May 22, 2010/
- Vitagliano, Ed. ""How ENDA Could Begin an Uncivil War"". American Family Association Journal. Retrieved April 30, 2011.
- Why It Matters Traditional Values Coalition. Accessed May 2, 2011.
- ""Why It Matters"". Traditional Values Coalition. Retrieved April 30, 2011.
- (October 13, 2007) U.S. Congressmember Bella S. Abzug Stonewall.org. Accessed October 20, 2007.
- Wendland, Joel. (April 9, 2007) A New Beginning for ENDA The Williams Institute, UCLA School of Law. Accessed October 20, 2007.
- Bull, Chris. (May 13, 1997) No ENDA in sight - Employment Non-Discrimination Act of 1996 The Advocate. Accessed October 20, 2007.
- Weiss, Jillian Todd. (November 1, 2006) U.S. Federal bill for gender identity protection Transgender Workplace Diversity Blog. Accessed October 20, 2007.
- Curry, Wendy. (September 28, 2007) No ENDA without "T" Curried Spam. Accessed October 20, 2007.
- Sandeenm, Autumn. (November 6, 2007) Breaking: The HRC Now Supports ENDA Without Perceived Gender Protections Accessed May 2008.
- Foreman, Matt. (August 3, 2004) ENDA as We've Known It Must Die thetaskforce.org. Accessed December 8, 2009.
- H.R. 3017: The Employment Non-Discrimination Act of 2009 on GovTrack
- A page on ENDA on the website of the Human Rights Campaign, endorsing ENDA
- A scientific examination of ENDA by the American Psychological Association
- Transcript of the 2002 Senate Hearings on ENDA
- A 2005 analysis by the Arizona Human Rights Foundation discusses ENDA's history, the corporate response to it, religious issues and gender identity inclusion issues
- A Campus Progress debate about ENDA and gender-identity protections.
- Directory of EEOC and state anti-employment discrimination agencies
- The Employment Nondiscrimination Act of 2007 by Richard R. Hammar