Although many states, including Connecticut, have passed legislation, specifically prohibiting discrimination on the basis of gender identity, as currently enacted, Title VII does not expressly prohibit such discrimination. For this reason, since 1994, advocates seeking the expansion of federal protections for individuals on the basis of sexual preference and/or gender identity have unsuccessfully been pursuing legislative change through the Employment Non-Discrimination Act (ENDA).
In view of recent administrative and judicial interpretations of Title VII, however, the failure of ENDA may be of little or no significance in determining workplace protections for individuals on the basis of their gender identity or sexual preference.
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