On November 7, 2013, the U.S. Senate passed Senate Bill 815. This bill prohibits covered entities (employers, employment agencies, labor organizations, or joint labor-management committees) from engaging in employment discrimination on the basis of an individual’s actual or perceived sexual orientation or gender identity.
Similar to other federal discrimination legislation frameworks, S.815 declares that it will be unlawful for an employer, because of an individual’s actual or perceived sexual orientation or gender identity, to:
(1) fail or refuse to hire, to discharge, or to otherwise discriminate with respect to the compensation, terms, conditions, or privileges of employment of such individual; or
(2) limit, segregate, or classify employees or applicants in any way that would deprive any individual of employment or adversely affect an individual’s status as an employee.
It prohibits employment agencies, labor organizations, and training programs from engaging in similar practices that would adversely affect individuals based on such actual or perceived orientation or identity. Further, the bill specifies that the unlawful employment practices include actions based on the actual or perceived orientation or identity of a person with whom the individual associates.
This bill will face an uphill battle in the House, where it is expected to fail; however, it is notable that it passed the Senate, and you will continue to see activity in this area of law for the foreseeable future.