Employment Non-Discrimination Act Introduced in U.S. House

by: Pam Spaulding

Wed Jun 24, 2009 at 13:15:00 PM EDT

REPS. FRANK, BALDWIN AND POLIS LEAD INTRODUCTION OF THE EMPLOYMENT NON-DISCRIMINATION ACT (ENDA)

Representatives Barney Frank (D-MA), Tammy Baldwin (D-WI), and Jared Polis (D-CO) today held a press conference to announce the introduction of the 2009 Employment Non-Discrimination Act.

The legislation would extend federal employment laws, which currently prevent job discrimination on the basis of race, religion, gender, national origin, age, and disability, to also cover sexual orientation and gender identity.  The bill covers both the public and private sectors.

The bill has drawn impressive support in the House of Representatives.  The legislation has 118 original cosponsors, including both Democrats and Republicans.  Among those represented are some of the most powerful and influential members of the House, including Rep. George Miller (D-CA), Chairman of the Education and Labor Committee, Rep. John Conyers, Chairman of the Judiciary Committee, Rep. Henry Waxman (D-CA), Chairman of the Energy and Commerce Committee, Rep. Howard Berman (D-CA), Chairman of the Foreign Affairs Committee, Rep. Bob Filner (D-CA), Chairman of the Veterans Affairs Committee, Rep. Robert Brady, Chairman of the Committee on House Administration, Rep. Louise Slaughter, Chairwoman of the Rules Committee, and more than 30 House subcommittee chairman and ranking members.  Also supporting the bill is Rep. Michael Quigley (D-IL), the newest member of Congress.

Congressman Robert E. Andrews (D-NJ), Chairman of the Subcommittee on Health, Employment, Labor and Pensions of the Education and Labor Committee, plans to hold hearings on ENDA in July.

"I am encouraged that we are going to be able to do this year what we were not able to do a couple years ago and that is to pass a fully inclusive bill," said Congressman Frank.  "I urge people to keep up lobbying. You can now take for granted that there will be a vote on the floor of the House of Representatives almost certainly this calendar year on a fully inclusive ENDA. At this point it is essential that everybody who cares about this lobbies his or her Representative and Senators. When you're through with that, go to other people and get them to lobby their Representative and Senators because we have a President ready to sign it, and I think things are well inclined for this to happen."

"This is an historic moment because I share Congressman Frank's optimism that we will be able to advance this legislation," said Congresswoman Baldwin. "It will be the first piece of major LGBT civil rights legislation ever enacted by this Congress.  The power of the Congress of the United States recognizing that discrimination in employment exists against people on the basis of their sexual orientation and gender identity, and saying that it is wrong, that it is illegal, is an incredibly important thing."

"Our businesses need to be able to tap into the very best and brightest to compete in a global environment," said Polis.  "Discriminating against people on the basis of race, or gender, or physical disability, or sexual orientation and gender identity, is simply inefficient and puts American businesses at a disadvantage in a global economy. By passing ENDA, we can ensure that American businesses have access to and hire the very best and brightest to be able to compete and build those leaders through those organizations."

Also speaking at the press conference were David Smith, Vice President of Programs for the Human Rights Campaign, Nancy Zirkin, the Executive Vice President of Programs for the Leadership Conference on Civil Rights, Garron Levi, Associate Director of Legislation for the AFL-CIO, and Orson C. Porter, U.S. Director of Government Affairs for Nike, Inc., representing the Business Coalition for Workplace Fairness.  Other LGBT, civil rights, and workplace organizations attended the press conference, expressing their support for this timely and important legislation.

Although some states have passed laws to prevent such discrimination, it is legal in 30 states to discriminate on the basis of sexual orientation, and legal in 38 states to discriminate on the basis of gender identity.  According to research by the Williams Institute, there is an ongoing pattern of discrimination on the basis of sexual orientation and gender identity nationwide.

Contrary to assertions by some organizations that have opposed ENDA, the legislation does not afford "special rights" to any group.  Moreover, it specifically prohibits preferential treatment based on quotas; it specifically exempts members of the Armed Services, veterans' service groups, and religious organizations; and it does not require employers to provide benefits to domestic partners.

In 2007, the House passed a version of the current legislation which protects individuals against employment discrimination on the basis of sexual orientation, but did not include a provision on gender identity.  It is expected that the present bill, including gender identity, will pass the House this year.

Reactions are below the fold.

The Human Rights Campaign, the nation's largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, hailed today the bipartisan reintroduction of an inclusive Employment Non-Discrimination Act, which would create federal protections against workplace discrimination based on sexual orientation and gender identity.  The lead sponsors of the measure are Representatives Barney Frank (D-MA), IIeana Ros-Lehtinen (R-FL), Tammy Baldwin (D-WI), Jared Polis (D-CO), Michael Castle (R-DE), George Miller (D-CA), Mark Kirk (R-IL), John Conyers (D-MI), Todd Platts (R-PA), Rob Andrews (D-NJ), and Leonard Lance (R-NJ).

"Just like our friends, neighbors and coworkers, LGBT Americans work hard, provide for our families and contribute to our nation's economy," said Human Rights Campaign President Joe Solmonese.  "We all share the challenges of today's economic downturn, but our community also faces arbitrary discrimination in the workplace, simply because of who we are and who we love.  Congress must pass the Employment Non-Discrimination Act and ensure that all Americans, regardless of sexual orientation and gender identity, get a fair chance to succeed at work."

...An estimated 85% of Fortune 500 companies include sexual orientation in their equal employment policies, and more than one-third also include gender identity.  More than 60 companies have joined the Business Coalition for Workplace Fairness, a group of leading U.S. employers that support the Employment Non-Discrimination Act.  To view a list of the companies, visit:  http://www.hrcbackstory.org/2009/06/enda-introduction-tomorrow-corporations-agree-fairness-is-good-business/

Note From Autumn: I haven't forgotten that the HRC was the only major "LGBT" civil rights organization that supported the less than fully inclusive version of ENDA in 2007/2008-- and never apologized for it. To say I'll be watching the HRC closely regarding ENDA this year would probably a huge understatement.

The National Gay and Lesbian Task Force Action Fund:

Statement by Rea Carey, Executive Director
National Gay and Lesbian Task Force Action Fund

"Today marks a critical milestone for our community and our country. Introduction of this important legislation signals the beginning of the end of a long-fought battle. For decades, a majority of people in this country have supported protecting their friends, family and neighbors from discrimination. Congress must act, at long last, this year.

"Passage of this critical legislation would help ensure that people are allowed to participate on a level-playing field in the workplace. ENDA reflects our country's core values of fairness and equality. It is immoral to deny lesbian, gay, bisexual and transgender people the ability to earn a livelihood and provide for their families. People should not have to fear losing their job simply because of their sexual orientation or gender identity.

"We are pleased that President Obama has expressed support for this legislation and expect the administration to play a role in assisting with its passage in both the House and Senate."

"Today's introduction of an all-inclusive ENDA is the culmination of decades work, undertaken by PFLAG and others, to educate lawmakers about the daily reality so many LGBT Americans face in their places of employment," said PFLAG executive director Jody M. Huckaby. "Employment should be based on who is the most qualified person for the job, and not on the personal prejudices of those who are doing the hiring. LGBT Americans, like their straight co-worker, go to work each day to contribute to their communities, support their families and keep our economy running. Neither their sexual orientation, nor their gender identity, has any impact on their job performance. Congress should recognize as much and pass this inclusive ENDA immediately."

"The introduction of ENDA shows that Congress is dedicated to making sure that all workers are safe from discrimination," said D'Arcy Kemnitz, Executive Director of the National LGBT Bar Association. "The vast majority of Americans support workplace protections for LGBT workers, and it is long past time for federal law to reflect that reality."

... "Americans understand that employment protection is not just ethical, it is also practical," said Kemnitz. "Our members handle countless cases of workplace discrimination, and they will tell you that workers who are secure in their jobs are more productive. That is critical in today's economy."

...As the bill moves forward, a key sticking point is likely to be the inclusion of protections based on gender identity, which involves how a person identifies with his or her gender, which may be different than their sex.

..."We believe that is absolutely essential that the bill include protections for transgender employees," said Kemnitz.  "We look forward to working with legislators to preserve the bill's strengths and fend off any efforts to derail this crucial piece of legislation."

National Center for Transgender Equality (NCTE) Action Alert:

Right now, we are at a press conference on Capitol Hill about the introduction of a fully inclusive Employment Non-Discrimination Act (ENDA) which would extend the existing federal law prohibiting employment discrimination to protect people on the basis of sexual orientation and gender identity. Representative Barney Frank, joined by Reps. Tammy Baldwin and Jared Polis, introduced the bill this afternoon, joined by a bi-partisan group of Representatives.

NCTE's Executive Director, Mara Keisling, commented, "Day after day, we hear from transgender people who have lost their jobs for no other reason than plain and simple discrimination. This includes people who have had long and distinguished careers who, after they transition, suddenly find themselves unable to find meaningful work and young transgender people who are unable to get their first job. The Employment Non-Discrimination Act will be an important step in helping these folks get to work. When asked, Americans are consistently clear on the fact that we believe that people should be judged at work for the quality of their work, not on unrelated factors. This bill would bring the law into line with what Americans already know-prejudice has no place in the American workplace."

NCTE is calling on its members to be actively involved in the process of passing the bill, including visiting their members of Congress during the summer. Together, we can make this happen...

"This long-awaited legislation would call on members of congress to take a meaningful stand to end workplace discrimination" remarked Interim Executive Director Dr. Sylvia Rhue. "NBJC is working with congressional leaders to push for significant progress towards ending homophobia-based harassment and bigotry."

...NBJC Deputy Director and Connecticut State Representative Jason W. Bartlett noted, "Every day we hear stories of our Black LGBT brothers and sisters being discriminated against in the workforce.  Being oppressed at your place of work and feeling powerless to do anything about it is unjust.  This legislation will end a harsh reality for so many LGBT people of color.  We all must mobilize to make this legislation the law in our country."

"Workplace protections for LGBT people are urgently needed and long overdue," said NCLR Executive Director Kate Kendell. "The President has said he is ready to sign this bill. All we need now is for Congress to act."

"We urge Congress to take speedy action to put this bill on the President's desk," said NCLR Legal Director Shannon Price Minter. "LGBT employees work just as hard and contribute just as much as other workers. They should not have to fear losing their jobs because of their sexual orientation or gender identity."    

Transgender Law Center:

The Transgender Law Center thanked lawmakers today for introducing a federal Employment Non-Discrimination Act (ENDA) which would protect lesbian, gay, bisexual and transgender (LGBT) employees from workplace discrimination. The bill, which enjoys bi-partisan support in Congress, would add sexual orientation and gender identity to existing federal laws prohibiting employment discrimination.

"ENDA is an important step in securing civil rights for all Americans, and will ensure that all people, regardless of their sexual orientation or gender identity, will be treated fairly in the workplace," said Masen Davis, Executive Director of the Transgender Law Center.

Currently, California and 11 other states have non-discrimination protections for lesbian, gay, bisexual and transgender (LGBT) workers. Such laws are critical given the high rates of employment discrimination facing transgender employees. The Transgender Law Center's 2008 CA Transgender Economic Health Survey found that almost 70% of working-age transgender Californians experienced discrimination in the workplace, including 30% who reported that they have been unemployed as a direct result of being transgender or gender non-conforming. The same survey found that transgender respondents were twice as likely to have a college degree as the average California.

"Discrimination has no place in today's workplace," said Davis. "All employees deserve to be judged on their merits and the skills they bring to the workforce - not by their sexual orientation or gender."

As a member of the steering committee of the United ENDA coalition, the Transgender Law Center has been working since 2007 to educate California policymakers about the economic needs of transgender people and the importance of federal employment protections.