One of my aims in this Essay is to examine ways in which employment discrimination law can best facilitate what would indeed be each employee’s personal best, regardless of sex, gender, or orientation. Among the potential vehicles currently before Congress is the Employment Non-Discrimination Act (ENDA), which would explicitly offer employees some protection from discrimination on the basis of their actual or perceived sexual orientation (including homosexuality, heterosexuality, and bisexuality, but unfortunately not asexuality) and gender identity.

 

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