A Senate panel approved legislation Wednesday in a bipartisan 15-7 vote that would outlaw discrimination in the workplace based on an employee’s gender identity or sexual orientation.
Three Republicans joined 12 Democrats on the Senate Health, Education, Labor and Pensions Committee in approving the Employment Non-Discrimination Act (ENDA).
Orrin Grant HatchDACA remains in place, but Dreamers still in limbo Bottom line Bottom line MORE (Utah), Lisa Murkowski
Lisa Ann MurkowskiSenators will have access to intelligence on Russian bounties on US troops Overnight Defense: Lawmakers demand answers on reported Russian bounties for US troops deaths in Afghanistan | Defense bill amendments target Germany withdrawal, Pentagon program giving weapons to police Senators push to limit transfer of military-grade equipment to police MORE (Alaska), and Mark Kirk
Mark Steven KirkLiberal veterans group urges Biden to name Duckworth VP On the Trail: Senate GOP hopefuls tie themselves to Trump Biden campaign releases video to explain 'what really happened in Ukraine' MORE (Ill.). Hatch voted aye by proxy.
The legislation would outlaw any kind of discrimination based on sexual orientation including both hiring and firing and other employment related matters like salaries and terms of employment.
Federal law currently outlaws employment discrimination centered on age, disability, national origin, race, religion or sex but not gender identity or sexual orientation. ENDA aims to fill the hole in states in the 33 states where there is no separate law against discrimination based on gender identity or sexual orientation.
The vote came swiftly Wednesday morning just as the committee gaveled into session. Sen. Tom Harkin
Thomas (Tom) Richard HarkinErnst challenges Greenfield to six debates in Iowa Senate race Biden unveils disability rights plan: 'Your voices must be heard' Bottom line MORE (D-Iowa), the chairman of the committee, said this would be the first time the committee would report to the full Senate a bill that “prohibits discrimination based on sexual discrimination and gender orientation.”
Senate Majority Leader Harry Reid
Harry Mason ReidMcConnell warns Democrats not to change filibuster rule Filibuster reform gains steam with Democrats The Hill's Morning Report - Trump wants executive order on policing; silent on pending bills MORE (D-Nev.) said he expected to hold a floor vote on the bill "soon."
Despite the committee vote, it is unclear whether the legislation could gain the 60 votes necessary to surpass a Senate filibuster. The bill has not had a vote in the House or Senate floor since 2007, despite being reintroduced in multiple Congresses.
Sen. Lamar Alexander
Andrew (Lamar) Lamar AlexanderOVERNIGHT ENERGY: Watchdog accuses Commerce of holding up 'Sharpiegate' report | Climate change erases millennia of cooling: study | Senate nixes proposal limiting Energy Department's control on nuclear agency budget Senate nixes proposal limiting Energy Department's control on nuclear agency budget Doug Jones cuts pro-mask campaign ad: 'Our health depends on each other' MORE (R-Tenn.) promised to introduce three amendments to the ENDA bill when it hits the Senate floor. According to his office, Alexander thinks the bill needs to give more guidance to employers.
One amendment says that an employer is not required to alter existing bathroom facilities. The amendment also lets an employer assign an employee transitioning from one gender to another to either a men's or women's bathroom or a shared bathroom as long as the assignment is meant to be as least disruptive to the office place as possible.
The second amendment defines an employee that is "transitioning" from one gender to a different one. The bill offers rights for individuals transitioning but does not definite when an employee is transitioning.
The third amendment strikes a provision in ENDA that allows sexual discrimination lawsuits to proceed even when the employer proved a legitimate reason for an action and proven that action would have been taken regardless of gender.
This story was updated at 16:39 p.m.
