Topic >> Employment Non-Discrimination Act

Senate introduces Employment Non-Discrimination Act (ENDA)

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Senator Jeff Merkley (D-OR)Senators from both sides of the aisle have introduced the Employment Non-Discrimination Act (ENDA) which would end discrimination based on the sexual orientation and gender identity in the workplace. Senators Jeff Merkley (D-OR), Susan Collins (R-ME), Edward Kennedy (D-MA) and Olympia Snowe (R-ME) are lead sponsors on the bill. HRC president Joe Solmonese made the following statement:

“The introduction of an inclusive employment non-discrimination bill in the U.S. Senate is an important and historic step in ending discrimination based on sexual orientation and gender identity. No American, and that includes LGBT Americans, should have to worry about their livelihood being taken away from them simply for being who they are. The overwhelming majority of the American people are in favor of this legislation and now is the time for our community to visit their representatives in Congress to let them know we need this passed into law.”

Senators Merkley and Kennedy also weighed in:

Sen. Merkley: “There is no place in the workplace for employment discrimination. No worker in America should be fired or denied a job based on who they are.  Discrimination is wrong, period.  I’m proud to join Senator Kennedy, who is a civil rights legend, and Senators Collins and Snowe, both champions for equality, in taking this next step in our ongoing effort to create a more perfect union and guarantee every American, regardless of sexual orientation or gender identity, the right to earn a living.”

Sen. Kennedy: “The promise of America will never be fulfilled as long as justice is denied to even one among us. The Employment Non-Discrimination Act brings us closer to fulfilling that promise for gay, lesbian, bisexual, and transgender citizens.  I’m proud to join Senators Merkley and Collins in introducing this important legislation.”

The Senate version of ENDA joins the House version which was introduced last June, and comes on the eve of the August recess. Be sure to contact your senator or congressman over the break and urge them to support ENDA.


Employment Non-Discrimination Act (ENDA) reintroduced in U.S. House

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Rep. Barney FrankBarney Frank has just reintroduced the Employment Non-Discrimination Act (ENDA), and this time it includes gender-identity language. According to the Washington Blade, over 100 cosponsors  are already on board on with the measure, including lead sponsors 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). From the HRC press release:

“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.”

The Employment Non-Discrimination Act would address discrimination in the workplace by making it illegal to fire, refuse to hire or refuse to promote an employee based on the person’s sexual orientation or gender identity.  This bill would reflect the values, shared by the vast majority of Americans, that employment decisions should be based on a person’s qualifications and work ethic.

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/

Two versions of ENDA were introduced back in 2007, the first with gender-identity language, the second without. The first bill, H.R. 2015 died in committee. The followup bill, H.R. 3685 passed the house 235 to 184, but many LGBT groups refused to support the second bill because of the exclusion gender-identity language.


Mayors from across the country pledge support to marriage equality

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US Conference for MayorsAt the 77th annual U.S. Conference of Mayors, mayors have passed a resolution titled “Equality and Civil Rights for Gay and Lesbian Americans,” defining support for gay marriage, ENDA and hate crimes legislation and opposing DADT. From the press release issued by Freedom to Marry:

“By passing this resolution, America’s mayors spoke for the families they know and serve in communities across the country, and said that excluding those families from the freedom to marry must stop,” said Evan Wolfson, executive director of Freedom to Marry and author of Why Marriage Matters: America, Equality and Gay People’s Right to Marry. “The mayors have their fingers on the pulse of the country, and their voices today said loud and clear that ending discrimination in marriage is the way to go.”

In reference to the freedom to marry, the resolution stated, “BE IT FURTHER RESOLVED that The U.S. Conference of Mayors supports marriage equality for same-sex couples, and the recognition and extension of full equal rights to such unions, including family and medical leave, tax equity, and insurance and retirement benefits, and opposes the enshrinement of discrimination in the federal or state constitutions.”

“The nation’s mayors are proud to take the lead in recognizing the importance of protecting all our citizens equally. It is now time for state legislatures and our federal government to enact the same protections for all our nation’s citizens,” said U.S. Conference of Mayors President Greg Nickels, Mayor of Seattle.

The resolution which was submitted by Mayor Christopher Cabaldon of West Sacramento, CA, Mayor David N. Cicilline of Providence, RI, and Mayor Sam Adams of Portland, OR, reads as follows:

EQUALITY AND CIVIL RIGHTS FOR GAY AND LESBIAN AMERICANS

1. WHEREAS, The U.S. Conference of Mayors adopted a resolution in 1984 calling for the legal protection of gay and lesbian rights at all levels of government, and within two years dozens of cities had adopted anti-discrimination policies or executive orders; and

2. WHEREAS, The U.S. Conference of Mayors has long supported granting the protection of federal hate crimes laws to all citizens, including lesbian and gay communities, and adopted its first resolution calling for increased vigilance in preventing hate crimes in 1991, citing statistics compiled by the National Gay and Lesbian Task Force; and

3. WHEREAS, subsequent hates crimes resolutions were adopted by the Conference in 1992 and 1994, designed to strengthen protections for all communities; and

4. WHEREAS, the Conference of Mayors, in cooperation with the Centers for Disease Control and Prevention, has awarded nearly $12.6 million in HIV/AIDS prevention grants, and the Conference took the lead in issues affecting gay/bisexual men of color, conducting a national HIV prevention needs assessment as well as 48 local HIV prevention project; and

5. WHEREAS, hundreds of mayors have been at the forefront of the battle for marriage equality, from the historic leadership of Mayor Gavin Newsom of San Francisco in early 2004 granting marriage licenses to gay and lesbian couples, to a paradigm-shifting news conference by Mayor Jerry Sanders of San Diego in 2008, to Mayor Adrian Fenty of Washington DC in 2009 signing legislation to recognize same-sex marriages performed in other states; and

6. WHEREAS, then-Conference President Wellington Webb of Denver spoke on behalf of the nation’s mayors at the Millennium March for Gay and Lesbian Rights in 2000 calling for federal action on hate crimes, employment discrimination protection, repeal of don’t-ask-don’t-tell, and marriage equality; and

7. WHEREAS, current Conference President Manuel A. Diaz of Miami co-chaired the statewide campaign against marriage discrimination in 2008, and incoming President Greg Nickels of Seattle issued an executive order recognizing same-sex marriages; and

8. WHEREAS, The U.S. Conference of Mayors has a long record of leadership in advancing civil rights and equality for all, answering President Kennedy’s call for national mayoral action in support of the civil rights movement at the Honolulu annual meeting in 1963,

9. NOW, THEREFORE BE IT RESOLVED that The U.S. Conference of Mayors endorses the Employment Non-Discrimination Act, the Military Readiness Enhancement Act, the Uniting American Families Act, and the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act; and

10. BE IT FURTHER RESOLVED that The U.S. Conference of Mayors supports marriage equality for same-sex couples, and the recognition and extension of full equal rights to such unions, including family and medical leave, tax equity, and insurance and retirement benefits, and opposes the enshrinement of discrimination in the federal or state constitutions.

Outstanding. Our nation’s leaders could definitely learn a thing or two from the folks at the local level.


Top LGBT official in Obama admin responds to recent DOMA controversy

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John BerrySpeaking on authority from the White House, John Berry, the director of the Office of Personnel Management, spoke with the Advocate about the recent outrage over the Obama administration’s defense of DOMA, as well as other LGBT legislative priorities…

On recent controversy over the administration’s defense of DOMA:

This president took a solemn oath to uphold the Constitution of the United States and he does not get to decide and choose which laws he enforces. He has to enforce the laws that have been enacted appropriately and that he has inherited. It would be wrong for me or any of our community to advise him to lie or to shirk his responsibility. He’s doing his job. He has made clear that he stands for the repeal of DOMA. It will be part of this administration’s agenda to accomplish that act. We ought not waste energy and angst attacking him when we should be focusing the energy and effort on getting 218 votes in the house and 60 votes in the Senate, and that’s where we ought to target the energy and the strength of this community and this president is with us, this is our agenda and it’s his agenda.

Again no mention of the incest and underage marriage cases cited in the DOMA defense. Our anger is not out of angst, nor is it a waste of energy. Until the administration takes action on these issues, we should not be silent.

On hate crimes, ENDA, DADT and DOMA:

We have four broad legislative goals that we want to accomplish and legislation is one of these things where you’ve got to move when the opportunity strikes, so I’m going to list them in an order but it’s not necessarily going to go one, two, three, four. Obviously, I think the first opportunity is hate crimes and we’re hopeful that we can get that passed this week. We’re going to try, but if not, we’re going to keep at it until we get it passed. The second one ENDA, we want to secure that passage of ENDA, and third is we want to repeal legislatively “don’t ask don’t tell,” and fourth, we want to repeal the Defense of Marriage Act.

When asked about DADT later in the interview, Berry walks back his opinion on the passage of hate crimes legislation…

We don’t have the votes to do Hate Crimes right now, we don’t have the votes to do ENDA, how are we going [to get “don’t ask, don’t tell]?

And all of this before the “sun sets on this administration.”

Well, there you have it. That’s likely the most official response we are going to get. And dammit, it’s not good enough, not good enough at all. But it’s what we’ve all come to expect now from the Obama administraiton. I’ve skipped the parts of the interview focusing on granting more rights to gay Federal employees. But I’m not a federal employee. Nor is the vast majority of LGBT Americans. Any legislation should target EVERYONE in the LGBT community, not just at the federal level.