According to the article, he intends on going with the full version of the Act which would extend Title VII protection not only for sexual orientation but for gender identity. It was the latter provision which caused a breakdown in negotiations between its proponents and the business community in the last Congress, and perhaps more importantly, set off a divide int the LGBT community itself.
Although it seems the general feeling is that most workplace legislation will await a resolution EFCA, given that a compromise was almost reached on this legislation in the last Congress, it could be one that moves on a slightly different and faster track.
- many states already have extended such protection, more on sexual orientation, but a substantial number on gender identity as well,
- many large employers have extended their own internal protections, and combined with the state statutes means it is not as big a cause for that group;
- the constituencies behind EFCA and ENDA are not necessarily the same, although there is considerable overlap; and
- my sense that same sex marriage, not workplace rights, now seems to be the focal point for those for whom sexual orientation is a political issue.
Ironically, although it is much less understood, it is individuals who can make a claim of gender identity discrimination who have fared much better under at least some circuit's view of Title VII than those with a sexual orientation claim. See 9th Circuit Joins 6th on Transgender Cases and Transgendered Workers in the Mainstream Press.