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Why ENDA is Not the Answer

Why ENDA is Not the Answer

BY PAUL SCHINDLER | The argument for the federal Employment Non-Discrimination Act is clear and catches the public’s attention because it is so stunning: in 29 states you can legally be fired for being gay and in 32 — including New York — you are at risk due to your gender identity and expression. That […]

Scholars Say Obama Has Authority to Issue Executive Order on Jobs    

Scholars Say Obama Has Authority to Issue Executive Order on Jobs    

BY DUNCAN OSBORNE | A number of constitutional law professors say that President Barack Obama has the authority under federal law to issue an executive order barring discrimination based on sexual orientation and gender identity by companies contracting with the federal government. “I think he can,” said Richard Ugelow, a law professor at American University […]

Will ENDA Religious Exemptions Be Revisited After Arizona Furor?

Will ENDA Religious Exemptions Be Revisited After Arizona Furor?

BY DUNCAN OSBORNE | When the federal Employment Non-Discrimination Act (ENDA) was proposed last year, leading LGBT legal groups said the religious exemption in that legislation was too broad and would allow discrimination by too many employers. Proponents of ENDA, which bans employment discrimination based on sexual orientation and gender identity, were silent and refused to […]

Long Past Time for Obama Action on Jobs Protections

Long Past Time for Obama Action on Jobs Protections

BY PAUL SCHINDLER | Faced with nearly unremitting opposition from congressional Republicans, President Barack Obama has, in the past couple of years and even more so in recent days, spoken about moving his agenda forward through the issuance of executive orders and other administrative actions. In perhaps the most dramatic example of that approach, the […]

The Unfortunate Road to Religious Exemptions

BY PAUL SCHINDLER | When the Senate last week, in a 62-34 bipartisan vote, approved the Employment Non-Discrimination Act (ENDA), the achievement was noteworthy primarily for one reason –– it was the first time either house of Congress had approved such a measure with protections for transgender Americans included. The House passed the bill in 2007, […]

ENDA Religious Exemption Still a Big Worry

ENDA Religious Exemption Still a Big Worry

BY PAUL SCHINDLER | Even as the question of whether privately held business corporations can claim a religious exemption from complying with LGBT civil rights protections potentially heads to the Supreme Court –– an issue that could blow a hole in existing state and local nondiscrimination laws –– leading legal advocates continue to raise concerns […]