New Bias Bill Could Make It Easier To Sue You
The Employment Non-Discrimination Act (ENDA) passes,
hiring managers will need training on how to avoid new types of
discrimination.
The bill was introduced to the Senate Wednesday and was previously
introduced to the House on June 24.
If passed, the bill would ban workplace discrimination against
lesbian, gay and bisexual people as well as transgender individuals.
ENDA is similar to existing discrimination laws like the Civil
Rights Act of 1964 — for example, it prohibits retaliation
and would cover companies with 15 or more employees. The bill also
includes exemptions for religious organizations in some cases.
One of the trickiest parts for employers may be enforcing dress
codes. The bill says companies won’t be required to relax
their standards, but will have to let transgender employees “adhere
to the same dress or grooming standards for the gender to which
the employee has transitioned or is transitioning.”
Will it pass?
The bill’s been introduced several times before, but ENDA
may have the numbers on its side this time, with 152 co-sponsors
in the House so far, 38 in the Senate, a Democratic majority in
Congress and the support of the President.
Experts say the bill has a chance to become law by the end of this
year.
What should HR do?
If ENDA passes, HR will need to:
-
Offer training to managers on interviewing and hiring in
compliance with the law, as well as handling potentially
uncomfortable situations (for example, learning a job applicant
is a transgender person), and
- Review harassment policies and add provisions related to
sexual orientation and gender identity.
August 6,2009 HR Recruiting Alert, Sam Narisi
Please contact Fern
Powers, 215-563-5520 for help on this
matter.
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