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ENDA is based on the principle that every worker should be judged solely on his or her merits. ENDA applies the same procedures and similar, but more limited, remedies as other federal civil rights laws, like Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.

ENDA is widely supported by the American people. A 2006 Gallup study showed that 89% of Americans believe that gay people should have equal job opportunities. Seventeen states and the District of Columbia have passed laws prohibiting discrimination based on sexual orientation. Corporate America generally opposes discrimination. as seen in the fact that over 85% of Fortune 500 companies have implemented non-discrimination policies that include sexual orientation.

ENDA is a pragmatic and measured solution to the problem of workplace discrimination against gay, lesbian, bisexual, and transgender Americans. It does not apply to small businesses, most religious organzations, or to the military. It prohibits preferential treatment, the use of quotas, and the collection of statistics. It permits employers to maintain generally-applicable workplace policies, including dress codes. ENDA does not require that benefits be provided to the same-sex partners of employees.