Discrimination Complexities Current law allows special protection in employment for people based on their race, age, and gender. These are immutable characteristics. When I was large, I could have chosen to be a victim, like many other obese people, and lobbied for laws protecting obese people from discrimination, but I decided to make a change. That's what we're facing today in the debate over homosexual rights. Homosexuals can either choose to be victims, or choose to make a change.
Sexual orientation is a behavior that can change.
ENDA would be granting protected status to a group of people who exhibit one particular behavior. Businesses Concerns U.S. businesses are already struggling under the heavy burden of excessive government regulations. Adding sexual orientation to the list of protected classes would place an even greater burden on businesses by allowing the federal government to scrutinize another dimension of employer hiring and firing practices. ENDA forbids employers from adopting quotas or giving preferential treatment based on sexual orientation. However, adding sexual orientation to the list of groups that qualify for special protected class status would have far reaching implications when it comes to proving that one is not discriminating against homosexuals.