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

The Tools of Political Dissent: A First Amendment Guide to Gun Registries

On December 23, 2012, a newspaper in upstate New York published a provocative map. On it appeared...

Cultivating Inclusion

Twenty-five years ago, law schools were in the developing stages of a pitched battle for the future of legal...

Aftermarketfailure: Windows XP's End of Support

"After 12 years, support for Windows XP will end on April 8, 2014." So proclaims a Microsoft website with...

Globally Speaking—Honoring the Victims' Stories: Matsuda's Human Rights Praxis

Globally speaking, international law and the vast majority of domestic legal systems strive to protect...

Toward A Multiple Consciousness of Language: A Tribute to Professor Mari Matsuda

I am thrilled to be part of this commemoration of the twenty-fifth anniversary of Professor Matsuda's...
MAILING LIST
Sign Up to Join Our Mailing List