Is ENDA modeled after any civil rights laws that are currently in use?
Yes. In its basic structure, ENDA parallels Title VII of the Civil Rights Act of 1964, the law that prohibits employment discrimination based on race, religion, gender, and national origin. It provides the same procedures and remedies that Title VII provides, except that it explicitly excludes any of the affirmative action relief that is sometimes available to address race and gender discrimination. Does ENDA grant special rights to gay and lesbian employees? No. As the Supreme Court recently observed in Evans v. Romer, anti-discrimination laws are not “special rights.” To most of us, the right to have and keep a job, as the court observed, is taken for granted, either because we are already protected against discrimination or because we do not face discrimination. But for those who do face discrimination, there is nothing “special” about a law aimed at preserving one’s ability to work–the most essential aspect of day-to-day life in America. Does ENDA encourage the use of quotas? No.
