Isn passing a separate ENDA more practical and beneficial?
No. In fact, passing a stand-alone bill unnecessarily creates ambiguity, adds huge costs to the government and will force existing civil rights enforcement agencies to divert resources to ‘reinvent the wheel,’ will lead to inconsistent judicial interpretations and do the opposite of what President Obama says he intends to do – create a leaner, more efficient government. If Title VII were amended to add protections based on SO and GIE, the existing government regulations and decades of judicial interpretations would automatically apply to these new categories. The existing government regulations would obviously need to be amended to add the categories SO and GIE, and the agencies would need to draft some new regulations to address situations unique to SO discrimination or GIE discrimination (complete with the required public comment periods and regulation rewrites). Judicial interpretation would not be a big problem, as it would be clear from rules of statutory construction and governme
