Transgender Life and Friends

A reply to more phone conversations

 October 6, 2009

 Dear Friend,

Thank you for contacting me regarding the Employment Non-Discrimination Act of 2009. I greatly appreciate hearing your thoughts on this important issue.

 The Employment Non-Discrimination Act (S. 1584), or "ENDA," was introduced in the Senate on August 5, 2009, and referred to the Health, Education, Labor and Pensions Committee, on which I sit. The legislation was also introduced in the House of Representatives earlier this year, but neither bill has been voted on yet. Similar proposals have been introduced dating back to 1975, though none have had enough support to pass both bodies of Congress.

ENDA seeks to prohibit workplace discrimination on the basis of actual or perceived sexual orientation or gender identity, and would allow individuals to file claims against an employer who discriminates based on these factors. For employers, employment discrimination would include refusing to hire an individual, terminating an individual's employment, or adversely affecting an employee's status based on that person's actual or perceived sexual orientation or gender identity. Additionally, it would prohibit discrimination in employment agencies, labor unions, or training programs. The bill would exempt religious organizations and the United States Armed Forces from these provisions. ENDA also includes several clarifications regarding its implementation. For instance, it would not prevent employers from enforcing policies that do not intentionally violate the bill as long as the policies are applied uniformly. The bill also would not infringe on an employer's ability to take action against an employee who is charged with sexual harassment. Further, under the bill, employers would not be required to build new facilities, nor would they be prohibited from enforcing a dress code.

I oppose discrimination in the workplace, and I support looking for ways to eliminate these unfair practices. Additionally, I supported legislation to address employment discrimination during my time in the North Carolina Senate, and I would have voted for the employment non-discrimination measure passed by the House of Representatives in 2008. I am committed to carefully considering all options and the potential impacts of implementing new laws or regulations, and I will be sure to take your concerns about the Employment Non-Discrimination Act into account as I review this legislation.

Again, thank you for contacting my office. It is truly an honor to represent North Carolina in the United States Senate, and I hope you will not hesitate to contact me in the future should you have any further questions or concerns.

Sincerely, Kay R. Hagan

 United States Senator, North Carolina