It's Time for Congress to Help Bring LGBT Employees Out of the Shadows at Work

Alex Gorinsky was a well-regarded account manager for five years at a Texas finance leasing firm, consistently getting positive performance reviews and merit pay raises, until he brought Jon, his partner of three years, to the 2006 company Christmas party. Gorinsky, 34, was laid off three weeks later.

The firm cited vague "performance-related" reasons for his termination, but had to admit that his sales quota numbers were "solid."

So what was the problem? It is the same problem many American workers deal with day-to-day when they have to hide themselves in order to protect their jobs.

Congress is considering approving a federal ban on job discrimination against lesbian, gay, bisexual and transgender workers. Rep. Barney Frank, D-Mass., a leading proponent of ending employment discrimination for LGBT Americans, is working with a bipartisan group of House members on getting the bill passed through the House within the next couple of weeks. But the opposition is intense among anti-gay groups, and the Senate remains a big challenge.

LGBT Americans find their livelihoods are placed in jeopardy when they either take the bold step of coming out or when the facts of their lives are inadvertently discovered.

The Employment Non-Discrimination Act of 2007, or ENDA, would make it illegal for employers to make decisions about hiring, firing, promoting or paying an employee based on sexual orientation or gender identity. Religious organizations and the military would be exempt. The bill is modeled after other federal civil rights laws that already ban job discrimination based on race, color, national origin, gender, religion, age and disability. Currently, 20 states and the District of Columbia prohibit workplace discrimination based on sexual orientation, and 12 states and the District of Columbia prohibit workplace discrimination based on gender identity. But, clearly, not everyone is protected against arbitrary discrimination, which unnecessarily puts their livelihoods at risk.

By passing ENDA, Congress can ensure everyone can enter and succeed in the workplace without regard to sexual orientation or gender identity. Simply put, this law would allow all American workers, who stand side-by-side at the workplace, to also stand on the same footing in the eyes of the law.

Members of the House of Representatives need to hear the real stories of real Americans who have experienced discrimination, and it's even more important to call your senators because the bill's opponents can make use of an array of procedural tactics to block even bills supported by a majority of senators. Anti-gay activists are certainly waiting in the weeds to stall and scuttle any bill that comes up.

Sen. Edward Kennedy, D-Mass., plans to introduce the legislation soon.

''It's always harder to pass bills in the Senate than in the House, but until we pass this bill, there will be a gaping hole in federal civil rights legislation,'' Kennedy, chairman of the Senate Committee on Health, Education, Labor, and Pensions, has said.

Meanwhile, many hardworking lesbian, gay, bisexual and transgender Americans continue to be fired and refused jobs and promotions because of their sexual orientation and gender identity.

Before transitioning from male to female, Diane Schroer was a U.S. Army Special Forces officer who logged 450 parachute jumps into some of the world's most dangerous places during 25 years of service, receiving numerous decorations, including the Defense Superior Service Medal. Schroer was later handpicked to head up a classified national security operation.

After retiring from the military, Schroer applied for a job with a large federal agency library as a senior terrorism research analyst; received an offer shortly after the interview and accepted the position. Prior to starting work, Schroer went to lunch with the new boss and explained she was transgender and would like to begin the job as a woman. The next day, the director called Schroer and rescinded the offer because she wasn't a "good fit."

Is there a more clear-cut example of discrimination or a more compelling reason why Congress should pass this law?

In Schroer's case, our government passed up the most qualified person for a position to help combat terrorism -- someone who spent 25 years in the trenches -- just because that person happened to be transgender.

Janice Dye was dismissed from the training program at an oil change service center after being forced to undertake the impossible test of completing an oil change in 10 minutes without any help. Co-workers later told her they had overheard management say, "we won't let that lesbo-bitch get that job."

Jacinda Meyer got a raise after only nine months on the job as an insurance agent, but her supervisor fired her soon after learning that she was a lesbian.

And the list goes on and on, affecting people from all walks of life in jobs ranging from fast food workers to healthcare workers to lawyers. Right now, it's legal in 30 states to fire or refuse to hire someone because of his or her sexual orientation, and in 38 states to do so based on one's gender identity. Yet according to a recent poll, 89 percent of Americans believe that gay men and lesbians should have equal rights in the workplace.

These are just a few of several stories we tell in "Working in the Shadows," a new report by the American Civil Liberties Union.

With the passage of other civil rights statutes, Congress has seen fit to stop arbitrary discrimination in the workplace. It's now time for Congress to help bring LGBT employees out of the shadows at work and pass ENDA. All Americans should have an equal shot at achieving the American dream.

Comments

[Guitarsandmore]

Come out" and tell your co-workers that you are an anti war activist and see what kind of reaction you get. And you think gays have it rough.

[pangardenguru]

You ever notice that the groups that are the most hateful are ALWAYS the religious ones? Ah , yes, that christian compassion at work again, denying gay people rights because they are not moral enough. How special you are. How superior you must feel. spread the love.

[JohnJames]

Massachusetts gives the lie to the dire warnings promulgated by intellectually dishonest conservatives for the past forty years - that the sky will fall if gay people enjoy any of the rights and protections that heterosexuals take for granted and for the sake of civilization, not to mention the chidren of course, their lives must be made as difficult as possible. Massachusetts is the only state in which gay citizens are completely equal under the law and by any measure of societal health - violent crime, physical fitness, educational achievement, drug and alcohol addiction, divorce, child abuse, etc. - it comes out way ahead of any of the "traditional values" red states.

[anastasiabeaverhousen]

As a gay person, I am prepared to say that these issues, while of the utmost importance, need to be addressed but this country is in peril of being destroyed from within.

Our Constitution is shredded and is being used to soak up pet urine in some cage somewhere. Our justice system is screwed up and politicized. Our legislative system is paralyzed with partisanship. Our presidency is a disgrace to the nation. Our civil liberties are being taken away systematically. Remember habeas corpus? Part of the friggin Magna Carta from, what, 1200AD? GONE.

Let's elect a democratic president and at least 10 more senators. Let's get this country out of the ditch and then and only then can we address lgbt issues.

Please don't make the same mistake we made in 2000 with Rosie and goddamn gay marriage.

[Qbear]

Somehow I doubt a gay person would fail to know that 2004 was KLOSETED Ken Mehlman and Karl Rove putting anti-gay amendments in 13 battleground states,,,this wasn't the LGBT community and it sure as f*ck wasn't Rosie.
So drop the mask Het.

[mfinbh]

"Our presidency is a disgrace to the nation."

Wrong. Should be: ...to the World.

[chinohillster]

If I'm in car accident or need medical attention, I really DON'T CARE if the EMT and/or firefighter is blue, straight, up, down, lesbian, sideways, green, transgendered or what have you...I only appreciate that the person is helping me!

(although honesty compels me to admit that as a female, I do notice if male firefighters are cute [same deal with UPS guys [they tend to have waaaay better legs than either the Postal Service or FedEx - it's the brown shorts....] and law enforcement (esepcially CHP Motorcycle Officers)

[SamanthaJaneSalem]

Rep. Frank is the Chairman of the House Banking and Finance Committee and I wish he could also push for legislation which would make it easier for members of the transgender community to use their preferred names on their checking accounts and credit cards. For a bank to cite the Patriot Act as a reason that a male-to-female person of transgender status cannot use a female name on her account is not only an inconvenience but a great humiliation. Yes, a legal change of name could be an option, but one may be unable to do this on account of one's work or family. Since it's our money, we ought to be able to use the name of our choice when we use our debit card or write a check.

[kasa5400]

Oh get over it. Unless you change your name legally, your "chosen" name is no more your name than if you called yourself "Daffy Duck." It is an aaumed name. It is a made up name. It is NOT your legal name.

[Qbear]

Most Americans ASSUME there are already Employment and Housing protections for Gays/Lesbians....this is SO STUPID that this wasn't made law LAST CENTURY.

[realitytrumpsbull]

I wish, when people were AT work, they'd actually DO some work, and save all the political crap for after work...ever notice how you get more done working by yourself? Amazing...