The Reality of ENDA

This is an attempt to make conservatives and churches illegal.
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President Obama urged Congress to pass the Employee Non-Discrimination Act (ENDA) in a blog post published late last night. All Americans should oppose unjust discrimination, but ENDA does not advance that goal. In fact, it moves us in the wrong direction, as a new Heritage Backgrounder explains.

President Obama asks in his blog post: “Does it make a difference if the firefighter who rescues you is gay—or the accountant who does your taxes, or the mechanic who fixes your car?” Of course it doesn’t. But sexual orientation and gender identity are used to describe behaviors as well as identities, and sometimes it could be reasonable for businesses to consider the impact of behaviors at the workplace. No doubt these are difficult and delicate issues, and that is why they are best left to those closest to the decision—not a one-size-fit-all rule from Washington.

ENDA would impose liability on employers for alleged “discrimination” based not on objective employee traits but on subjective and unverifiable identities. It would create new protected classes—based on an “individual’s actual or perceived sexual orientation or gender identity”—that would expose employers to unimaginable liability. ENDA could require employment policies that undermine common sense about a host of workplace conditions, especially regarding issues surrounding gender identity.



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