ENDA Puts an End to Workplace Discrimination

In May of 2007, the Employment Nondiscrimination Act (ENDA) was signed into law by Governor Bill Ritter, expanding protection against workplace discrimination for all Coloradans. ENDA increases Colorado’s employment nondiscrimination protections to include sexual orientation – an important step toward ending all discrimination in the workplace.

ENDA makes it unlawful to consider sexual orientation, gender identity, or expression when making employment-related decisions, or to make any inquiry about an applicant’s sexual orientation or gender expression. This new law defines sexual orientation as a person’s orientation toward heterosexuality, homosexuality, bisexuality, or transgender status.

To date, 20 states and the District of Columbia have policies prohibiting both sexual orientation and gender identity discrimination in employment, and 13 of those include transgender protections. In addition, many of the most respected and influential corporations in the United States have made similar commitments to protect their employees from discrimination in the workplace and to ensure equal opportunities for LGBT employees, vendors, and partners. Companies ranging from Xerox Corp. and Bank of America to Ernst & Young and Eastman Kodak Co. have nondiscrimination policies that include gender identity, include gay/lesbian businesses in supplier-diversity tracking, have active programs to support and recruit LGBT employees, and more.

ENDA officially establishes those same standards for equality and nondiscrimination in Colorado, making this a landmark law in the state’s history. The law is applicable to all employers, employment agencies, labor organizations, on-the-job training, and vocational training programs and schools in the state. Companies that comply with ENDA are not only taking an important step toward ensuring a discrimination-free workplace for their employees, but protecting their organization from potential litigation.

“Complying with ENDA is simple, and is an important step every organization can take toward advancing equality and ending discrimination in our state,” said Mary Lou Makepeace, executive director of the Gay & Lesbian Fund for Colorado.

To help expand understanding of the law and assist companies in achieving compliance with ENDA before the one-year anniversary of the law, the Gay & Lesbian Fund and its partners and grantees are providing Colorado companies with resources that offer step-by-step guidance. The first key step in achieving compliance is for companies to add the term “sexual orientation” into their nondiscrimination policies so that all employees are aware of the organization’s adherence to the law.

There are additional measures organizations can take to protect themselves and their employees.

“All organizations, whether they are nonprofit or private, need to recognize discrimination as a potential liability. They need to have policies and procedures in place, as well as staff training, to avoid any allegations of discrimination,” says Pat Steadman, vice president of Mendez, Steadman & Associates, a political consulting firm. Steadman was the primary lobbyist who worked for 11 years to get ENDA passed into Colorado legislation.

The Gay & Lesbian Fund’s ENDA materials also offer tips for achieving a discrimination-free workplace for employees. These resources are available for download at www.gayandlesbianfund.ord/enda, and additional information about ENDA is available at www.colorado.gov and www.aclu.org/enda/.