Employers will need to take steps to ensure they are in compliance with the Employment Non-Discrimination Act (ENDA) if it passes Congress, Robert Nobile of law firm Seyfarth Shaw LLP said in a statement released this week.

Rep. Barney Frank, D- MA, introduced H.R. 2981 to prohibit employment discrimination on the basis of sexual orientation or gender identity.

"The passage of ENDA would provide a federal standard, prohibiting public and private employers, employment agencies and labor unions from using an individual's sexual orientation or gender identity as the basis for employment decisions, such as hiring, firing, promotion or compensation," he said.

"In preparation for the potential passage of ENDA, we recommend that U.S. employers review their nondiscrimination and non-harassment procedures and make sure they extend to their LGBT [lesbian, gay, bisexual and transgender] employees in the event of the bill's passage," Nobile said.

"Employers will also have to review their bereavement leave policies, non-FMLA leave of absence policies, and employment of relatives policies, among others, to ensure that they provide similar provisions and protections for LGBT employees."

Already, more than 12 states and more than 100 localities have nondiscrimination protections for LGBT workers, which cover almost 40% of Americans, according to Nobile. In addition 85% of Fortune 500 companies had nondiscrimination policies that include sexual orientation..

Nobile is chair of Seyfarth Shaw's workplace counseling and compliance solutions practice group.