No cause of action – statutes are necessary to provide grounds to sue. Without lawsuits there will be no mechanism for enforcement.
Konnoth 11CRAIG KONNOTH, The Yale Law Journal March, 2011 120 Yale L.J. 1263 COMMENT: Section 5 Constraints on Congress Through the Lens of Article III and the Constitutionality of the Employment Non-Discrimination Act
ENDA raises exactly these concerns, as the remedies that states currently provide are anemic, and indeed, are subject to repeal. The Williams Institute notes that of the few cities and counties that responded to its survey, two incorrectly referred employee complaints regarding discrimination to the [*1275] EEOC (which has no federal mandate to address them). n60 One respondent was unaware of its own antidiscrimination provisions, another did not know what enforcement mechanisms were in place, and several lacked the resources to provide data or handle complaints. n61 Similarly, local provisions often have lower caps on damages, lack compensation for attorney's fees, or fail to protect discrimination based on perceived orientation. n62Executive orders prohibiting discrimination fail to create a private cause of action and are not always backed up by investigative mechanisms. n63 Courts have also found that some localities' provisions are preempted by federal law. n64 Thus, only Congress can pass a bill that would definitively preventlocalities' discrimination.