Laura Maechtlen Published in Bay Area Reporter
“Federal Non-Discrimination Provisions are on the Horizon for U.S. Employees”

Laura Maechtlen’s article, “Federal Non-Discrimination Provisions are on the Horizon for U.S. Employees,” was published in the August 3, 2009 issue of the Bay Area Reporter. In her article, Laura discusses the lack of any current federal laws that prohibit workplace discrimination against lesbian, gay, bisexual, and transgender people. She notes that measures have been passed at state and local levels to protect people from discrimination based on sexual orientation and gender identity or expression, however, it is still legal in 30 states to fire or refuse to hire someone because of their sexual orientation.

Laura’s article notes that on June 24, 2009, the Employee Non-Discrimination Act (ENDA) was introduced in the House of Representatives and Senate introduction of this bill is expected soon [N.B.: Senate bill was introduced on August 6, 2009, after the publication of Laura’s article]. ENDA would extend federal employment laws, which currently prevent employment discrimination on the basis of race, religion, gender, national origin, age and disability to cover sexual orientation and gender identity. Laura notes that the current text of ENDA includes “gender identity,” which is defined as “the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regarding to the individual’s designated sex at birth.” She also notes that “this prohibition not only protects individuals who are transgender, but also all those employees who are discriminated against based on any gender characteristics. This could include discrimination based on the fact that a person is not ‘feminine’ or ‘masculine’ enough, regardless of whether or not they are transgender, heterosexual, bisexual or homosexual.”

Laura recommends that employers review all employment policies and practices, including any Equal Employment Opportunity (EEO), anti-discrimination and harassment, dress code, bereavement leave, non-FMLA leave of absence, and employment of relatives policies. She also recommends that employers include “gender” and “sexual orientation” discrimination and harassment in employment training and any employees involved with payroll administration, employee benefits and human resources be educated regarding the changes in law.

Laura concludes with a final recommendation for employers to be aware of the changing laws regarding same-sex marriages and notes, “It is critical for employers to keep apprised of the ongoing and fluctuating legal developments in this arena in addition to changes in employment laws.”