Employers should take notice of new Non-Discrimination Act

Following the lead already set in 20 states, the U.S. House of Representatives on Nov. 7 voted 325-184 to approve the Employment Non-Discrimination Act, a bill that would prohibit employment discrimination based on sexual orientation. The ban on discrimination proposed by Congress applies to employers with 50 or more employees, but provides an exemption for religious institutions who are also employers, such as nondenominational religious schools.

Many of the Democrats who opposed the bill voiced opposition because the bill did not go far enough. They also wanted protection from discrimination based on gender identity. (Gender identity focuses on appearance, mannerism, and the like. For instance, an effeminate man could complain of discrimination based on gender identity if he is treated poorly because he does not act masculine. Often, gender identity is associated with transgenderism and transvestitism.) Such protections may find their way into the legislation in a future session of Congress.

Plan now to modify your employee handbook and internal operating procedures to reflect the coming legal change. The changes that will be needed are not substantial. Most local employers simply will need to add the words “sexual orientation” to their policies covering harassment and discrimination. Investigations into allegations of sexual orientation discrimination should be handled just like investigations into other forms of discrimination.

Most likely the final legislation in this area will authorize the Equal Employment Opportunity Commission to investigate claims and enforce claims of sexual orientation discrimination.

Purchasers of Your Employee Handbook will receive an updated Non-Discrimination Policy to replace the current policy.

Filed under: Employee Management

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