The Employment Non-Discrimination Act (ENDA)

Although it’s within peoples rights as a boss to hire who they deem qualified for a position in their business The Employment Non-Discrimination Act (ENDA) should exist because it will protect people from losing their jobs just based on their sexual orientation, allow them to feel comfortable and safe in their workplace, and under the 14th Amendment it’s unlawful to discriminate against all people.
There are valid reasons to be against the Employment Non-Discrimination Act (ENDA). A boss has the right to hire and fire those he deems fit. He can do so under at-will employment. At-will employment means that an employee can be fired by their employer at any time for any reason, except if the reason is an illegal one, or for no reason without
acquiring legal liability ("The At-Will Presumption and Exceptions to the Rule").
Currently, in a lot of states, a boss can fire you based on your sexual orientation or gender identity. Discrimination laws, both federal and state, prohibit an employee’s race, color, religion, sex, national origin, age, disability, or veteran status from being used as employment decisions by the employer ("The At-Will Presumption and Exceptions to the Rule"). This shows that there are laws protecting against other common discriminations and it leaves people in the lgbtq+ community vulnerable to the law because the law doesn’t protect them. Others think that the Employment Non-Discrimination Act (ENDA) hinders civil liberties. It denies First Amendment rights and violates a boss’s right to operate their business how they want (Anderson). This goes back to how bosses should be able to hire and fire whoever they want. Based on subjective and fabricated identities and not on objective employee traits, employers would become liable for alleged “discrimination” (Anderson). This shows that people believe that identity is a personal ideology and not a solid fact. This causes lots of conflict. Government interference would cause an increase in the labor market and can possibly discourage job creation (Anderson). This increase in government interference is attempting to oversee
employment decisions that are best made by private actors (Anderson). In other words, the amount of jobs would decrease because of the government's interference in the decisions of hiring employees that the bosses believe is their right to decide. Although there are a few reasons that ENDA should not exist, providing protection to those being discriminated against is an important reason for ENDA to be enacted.
The Employment Non-Discrimination Act (ENDA) should be enacted to provide protection to those discriminated against based on their sexual orientation or gender identity. In the USA, workers that are apart of the lgbtq+ community are being judged on their sexual orientation and gender identity. These factors do not have an impact on individual job performance (Krehely). Hiring workers should be based off of skill and qualification for a certain job and it should not be based off of someone's personal choice of their sexual orientation or gender identity. Our Nation has made very important progress in terms of marriage but in thirty two states the lgbtq+ community is still at large of a risk to be denied certain services or to be fired based on who they are and not their qualifications or work ethic (Campaign). ENDA is a great solution to this important problem. ENDA will make sure all employees are solely based on their performance alone and not their sexual orientation or gender identity when being hired, fired or promoted (Campaign). Everyone deserves a fair chance to earn a living and provide for their families, including the lgbtq+ community and it would not be possible if discrimination prevents a person from being hired or promoted. Discrimination in the workplace can be connected directly with job instability and high turnover which leads to higher poverty and unemployment rates in the lgbtq+ community as a whole (Krehely). Discrimination against the lgbtq+ community is leading to an increase in homeless people and people searching for a job. Discrimination is a huge reason to support ENDA and if it was enacted it would help save jobs and people can feel safe and welcomed in their community instead of being discriminated against.
The ability to feel safe within a community is very important.
With ENDA enacted people don’t have to worry or fear discrimination and they would be able to spend time in public places instead of avoiding them or go to work and not fear their coworkers. Interviews and surveys were taken and show that people in the lgbtq+ community hide personal relationships, alter their dressing style, and take precautions in their lives to help prevent being discriminated against (Singh and Durso). Everyone deserves to feel safe and included both in social environments and in the workplace. A women who identifies herself a queer, Maria S., commutes a very long distance from her home in Durham to her workplace in a different town so she can live with a community that is friendly towards the lgbtq+ community (Singh and Durso). These situations are common and should not have to exist. People should be able to work and live in the same place without fear of discrimination and not have to make long commutes in order to live somewhere safe from discrimination. There are frightening statistics of the impacts of discrimination such as: 68.5 percent reported that their psychological well-being was negatively affected by discrimination. 43.7 percent reported that their physical well-being was negatively affected by discrimination. 52.8 percent reported that their work environment negatively impacted by discrimination. 56.6 percent reported that their neighborhood and community environment was
negatively impacted by discrimination (Singh and Durso). These statistics show that discrimination is a huge problem and needs to be dealt with. Although ENDA only protects against discrimination in the workplace it’s a crucial first step to get to the point of total protection against discrimination and under the 14th amendment total protections can be achieved.
The 14th amendment can be used to justify why ENDA should be enacted.