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| HRC President Joe Solmonese (far left) with Rose Pelles, director of civil, human and women’s rights at the AFL-CIO; and Reps. Tammy Baldwin (D-Wis.) and Chris Shays (R-Conn.) at a news conference this week announcing the introduction of ENDA. (Photo by Tom Williams/HRC) |
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HOME > NEWS > NATIONAL NEWS
By: LOU CHIBBARO J COMMENTS
 
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the individual, because of such individual’s actual or perceived sexual orientation or gender identity.”
In dropping ENDA into the legislative hopper Tuesday, Frank and his co-introducers unveiled publicly for the first time the language in the bill that addresses transgender-related issues.
Earlier versions had been limited to banning job discrimination based only on sexual orientation, which the bill defines as “homosexuality, heterosexuality or bisexuality.” Supporters have noted that the definition would make it illegal to engage in job discrimination against straights as well as gays and bisexuals.
The bill defines gender identity as “the gender-related identity, appearance or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.”
Grooming standards
Two separate provisions in the bill entitled “Certain Shared Facilities” and “Dress and Grooming Standards” allow employers to place restrictions on transgender employees under certain conditions. And in what some are likely to consider a groundbreaking development in federal law, the two provisions also address how employers may deal with employees in the process of transitioning from one gender to the other.
Supporters said the limited restrictions give employers the authority to require transgender employees to dress according to the gender into which they have transitioned.
“Nothing in this act shall be construed to establish an unlawful employment practice based on actual or perceived gender identity due to the denial of access to shared shower or dressing facilities in which being seen fully unclothed is unavoidable, provided that the employer provides reasonable access to adequate facilities that are not inconstant with the employee’s gender identity as established with the employer at the time of employment or upon notification to the employer that the employee has undergone or is undergoing gender transition, whichever is later,” the bill states.
On the issue of work-related grooming standards, the bill states, “Nothing in this act shall prohibit an employer from requiring an employee, during the employee’s hours at work, to adhere to reasonable dress or grooming standards not prohibited by other provisions of federal, state or local law, provided that the employer permits any employee who has undergone gender transition prior to the time of employment, and any employee who has notified the employer that the employee has undergone or is unde
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