June 2006 Vol. 104 No. 7 THE REVIEW

Mark(et)ing Nondiscrimination: Privatizing ENDA with a Certification Mark

Ian Ayres & Jennifer Gerarda Brown

People in the United States strongly support the simple idea that employers should not discriminate against gays and lesbians. In a 2003 Gallup poll, eighty-eight percent of respondents said that “homosexuals should . . . have equal rights in terms of job opportunities.” Even prominent social conservatives—such as George W. Bush—give lip service to the idea that employment discrimination on the basis of sexual orientation is wrong.

But gay rights advocates have achieved only modest legal reform on this issue. Seventeen states have prohibited employment discrimination against gays and lesbians. A seemingly modest bill, the Employment Non-Discrimination Act (ENDA), which only prohibits disparate treatment on the basis of sexual orientation, has been introduced several times in Congress, always without success. ENDA has little chance of passing during the Bush administration unless midterm elections in 2006 radically change the face of Congress. Civil rights advocates may even abandon ENDA andinstead promote a broader, omnibus civil rights improvement act, in which employment rights for gays would presumably play a part.

   //  VIEW PDF
& Other Current Events

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...

A Comprehensive Administrative Solution to the Armed Career Criminal Act Debacle

For thirty years, the Armed Career Criminal Act ("ACCA") has imposed a fifteen-year mandatory minimum...

Rethinking the Timing of Capital Clemency

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority...

The Political Safeguards of Horizontal Federalism

For decades, we have debated whether "political safeguards" preserve healthy relations between the states...

A Solution to Michigan's Child Shackling Problem

Detained children routinely appear before Michigan's juvenile courts shackled with handcuffs, leg irons,...
MAILING LIST
Sign Up to Join Our Mailing List