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Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
The current version of ENDA (H.R. 3017/S. 1584) would prohibit employment discrimination against employees and job-seekers due to their sexual orientation and gender identity. H.R. 3685 would exempt religiously-affiliated businesses, schools and other organizations from coverage.
In 2007, the U.S. House of Representatives approved a previous version of ENDA that is similar to twenty state laws that protect employees from sexual orientation discrimination only. The Employment Non-Discrimination Act of 2007 (H.R. 3685) passed the House by a vote of 235 - 184 on November 7, 2007. The bill stalled in the Senate.
SHRM supported the 2007 version of ENDA, but has concerns about the ambiguity of establishing a gender identity protected class. The 2009 legislation defines the term 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.”
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