How will the Fair Employment Mark be enforced?
The most obvious group of private enforcers of those requirements would be the people who are supposed to get the greatest benefit: gay, lesbian and bisexual people who work for companies adopting the mark. The certification license expressly empowers this group by naming a licensees employees and applicants as third party beneficiaries and clothing them with the same rights they would have under ENDA: The Licensee and Licensor intend that these third-party beneficiaries will have the right to sue the Licensee for any breach of this agreement and have a legal right to the same remedies (including damages and injunctive relief) to which they would be entitled if ENDA was in effect. Thus, the Fair Employment license mimics not just the substance but also the procedures of the proposed ENDA statute. These third party beneficiaries would be entitled to sue for compensation (back pay or benefits) or injunctive relief (reinstatement or promotion) that would be available under the statute.
