Topic: Employment Non Discrimination Act

Vice President Joe Biden is seen as pandering for 2016 votes by advocating for the Employment Non-Discrimination Act (ENDA). The hosts characterize ENDA as a "red herring" that has failed to pass for 20 years. They argue that existing civil rights laws are sufficient and that new legislation would only lead to an explosion of frivolous lawsuits against businesses.

In response to the passage of the Employment Non-Discrimination Act, the hosts jokingly suggest that employees at companies like Yahoo should "come out" as gay to protect themselves from "stack ranking" layoffs. They argue that Marissa Mayer's aggressive performance reviews could be legally challenged if an employee claims they were fired due to their sexual orientation rather than performance metrics.