Employment and Non-Discrimination Act [ENDA] of 1994

Engloyers L Now Descumation Dty 1994 CC HAROLD - gement PAT 6. THE WHITE HOUSE WASHINGTON JOHN July 13, 1994 94 JUL 13 P5: 24 MEMORANDUM FOR THE PRESIDENT JK FROM: JOEL KLEIN DEPUTY COUNSEL TO THE PRESIDENT SUBJECT: EMPLOYMENT AND NON-DISCRIMINATION ACT OF 1994 As you know, Senator Kennedy -- with over 130 cosponsors -- recently introduced the Employment and Non-Discrimination Act of 1994 (S. 2238). The Act addresses employment discrimination based on sexual orientation. You have consistently expressed support for the principle that it should be illegal to discriminate in the workplace on the basis of sexual orientation. You reiterated your support for this principle in a statement you issued after Senator Kennedy introduced the Employment and Non-Discrimination Act. Such antidiscrimination protection is not novel: 8 states and over 80 local governments currently provide some form of protection against sexual orientation discrimination, and federal civil service law also already provides some protection in federal civilian employment. At the same time, we believe that it would be premature to express support for the particular Act now under consideration by Congress. Further discussion and Congressional debate is needed to ensure that any bill ultimately adopted by Congress is narrowly tailored and designed to maximize public and business support for antidiscrimination efforts. Senator Kennedy has asked Deval Patrick, head of the Civil Rights Division at Justice, to testify before the Labor Committee in support of the proposed Employment and Non-Discrimination Act. In discussing this request with George Stephanopoulos, Phil Lader and Alexis Herman, it was the consensus view that we should (1) ask Deval only to submit a brief written statement to the Committee that sets forth the Administration's support for the principle that discrimination on the basis of sexual orientation should be prohibited in the workplace, and (2) that we should await further discussion and review before expressing support for any particular legislation in this area. We recognize that Senator Kennedy, certain Justice Department staff and gay and lesbian rights groups may criticize this approach. We feel, however, that, on balance, this approach makes the most sense both substantively and politically.