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Introduction

Federal law does not protect employees from discrimination based on real or perceived gender identity or sexual orientation, although many cities, counties and states have such protections. The Employment Non-Discrimination Act would change that.

A clear and defined non-discrimination policy with respect to conditions of employment -- including hiring, promotions, termination and compensation -- that includes "gender identity or expression" and "sexual orientation" in addition to federally protected classes such as age, race, sex, religion, national origin and disability is an essential baseline policy for LGBT inclusion.

Employers with Non-Discrimination Policies that Include Gender Identity or Expression
Fortune 100 Fortune 500 Fortune 1000 AmLaw 200 Raw Totals
2008 Total 60
(60%)
175
(35%)
214
(21%)
89
(45%)
700
(—)

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Articles

Workplace Discrimination and Harassment Policies

Employers should include "gender identity or expression" and "sexual orientation" as protected classes, in addition to federally protected classes, in non-discrimination policies.

Timeline: The Employment Non-Discrimination Act

The Employment Non-Discrimination Act from 1994 to the present.