iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
GET UPDATES FROM Michael Mitchell
 
GET UPDATES FROM Terry Hamilton
 

It's Time to End Employment Discrimination

Posted: 04/22/10 09:04 AM ET

Discrimination is not a partisan issue. As leaders of the National Stonewall Democrats and the Log Cabin Republicans -- the voices of lesbian, gay, bisexual and transgender (LGBT) Americans in the nation's two major political parties -- we share a commitment to full equality for all Americans, regardless of their sexual orientation or gender identity. While we disagree on matters of elections and political leadership, we agree that now is the time for the Employment Non-Discrimination Act (ENDA) to become the law of the land for all Americans.

Employers in 29 states can legally discriminate based on the actual or perceived sexual orientation of employees and job applicants, and in 38 states they can do so based on gender identity and expression. As a result, hardworking and qualified LGBT Americans are fired, harassed, and denied promotions and job opportunities.

Congress has the opportunity to finally take action on ENDA, starting with the United States House of Representatives. For LGBT Americans, who have been waiting 40 years since the bill's original introduction, that vote cannot come soon enough.

Americans of both parties are opposed to discrimination in the workforce based upon sexual orientation and gender identity. Recently Tony Fabrizio, one of the nation's most respected Republican pollsters, released a study showing that 77% percent of Republicans support non-discrimination in the workforce. Now is the time for Congress to follow the lead of the people and give every American the freedom to seek and hold meaningful employment without fear of unfair discrimination.

This legislation is about freedom. It is about ensuring that every American can work without the fear of discrimination based upon his or her sexual orientation, a policy that has broad support in the business community. 86% of Fortune 500 companies include sexual orientation in their workplace non-discrimination policies, and nearly a quarter prohibit discrimination based upon gender identity.

This legislation is about fairness. It is not about creating 'special rights' for a single group of Americans, or forcing increased litigation on businesses. In fact, in a 2000 study of states which have enacted similar laws, the Government Accountability Office found "no indication that these laws have generated a significant amount of litigation."

When it is signed into law, ENDA will protect all Americans from discrimination based on their sexual orientation or gender identity, just as current law protects those based on race, religion, sex, national orientation and disability. Under ENDA, employees working for both the government and in the private sector would be free from being judged on the basis of their sexual orientation or gender identity when it comes to decisions about their being hired, fired, promoted or on any matter relating to their compensation.

Employment non-discrimination enjoys strong bipartisan support, is good for American business, and goes a long way to ensure that all hard-working Americans are judged based solely on job performance. Congress must act now to pass ENDA.

This piece was also published at the Daily Caller.

 
 
 
  • Comments
  • 38
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Recency  | 
Popularity
This user has chosen to opt out of the Badges program
photo
hackerblaster
I did not mean that to be a factual statement.
03:18 PM on 04/23/2010
Can I ask someone why this article and any other article that deals with ENDA is NEVER on the main page? This has been 40 years in the works and it is possibly going to actually get a little traction and HuffPO continues to treat it like a non-issue.
12:20 PM on 04/23/2010
Isn't it already illegal to discriminate on the basis of sexual orientation? How does ENDA differ from current law?
This user has chosen to opt out of the Badges program
photo
hackerblaster
I did not mean that to be a factual statement.
03:16 PM on 04/23/2010
No Disdain, it does not. Here is a link to Wikipedia that explains what it is in detail.

http://en.wikipedia.org/wiki/Employment_Non-Discrimination_Act
photo
HUFFPOST SUPER USER
rextrek
50yr old, Moderate-liberal in S.NJ/Phila
09:06 AM on 04/23/2010
as I have gotten older, Im getting more and more impatient.....does America stand for Equality or NOT???? Stop saying it does, if it is not going too!!!! What a disgrace.....Liberty & Justice for ALL.....what's so hard about living up too those words??? Everyday Americans have NO clue what its like for "everyday LGBT" americans.....None, Zero!
This user has chosen to opt out of the Badges program
photo
Social Construct
Go left, young man.
09:05 PM on 04/22/2010
All I can write is that I hope that this legislation, if passed, works in practice as well as it does on paper better than the laws now on the books regarding hiring practices that are not supposed to consider race, religion, sex, national orientation, age and disability. Also, I think it would be a good idea for job applicants to be able to challenge employer's decisions by being able to somehow access an employers hiring decision information to verify if an employer's claim of hiring solely on merit and qualification is accurate.
photo
HUFFPOST PUNDIT
RevJimIII
Grin and Barret...
01:23 AM on 04/23/2010
While I hold no prejudice, I believe a company ought to be able to hire who it wants, when it wants.
This user has chosen to opt out of the Badges program
photo
Social Construct
Go left, young man.
06:19 AM on 04/23/2010
OK. But do you believe that a company has the right to exclude any person for any reason in the hiring process? For example: The owner of a company, due to personal beliefs not having anything to do with the actual workings of the company, feels people with different skin color, or different religious beliefs, or a different age group than the owner would not fit in or be happy to work at the company. Should laws be repealed allowing such discriminatory practices?
03:27 PM on 04/22/2010
It's still happening - even at the Alameda, California, Unified School District, which pushed last year to implement an LGBT anti-bullying program for students.

http://www.action-alameda-news.com/2010/04/19/gay-man-suing-alameda-unified-school-district-over-sexual-orientation-harassment/
photo
HUFFPOST SUPER USER
Pete Webb
02:22 PM on 04/22/2010
While I am happy today to be member of the Democratic Party family…I applaud thie bipartisan effort in support of the Employment Non-Discrimination Act. Fairness and Equality are American values. Michael--I am so proud to count you as a friend and colleague in the battle for LGBT Equality. Keep up the great work!
02:01 PM on 04/22/2010
What gives the gov't the right to tell a private company how to run its business? I agree companies should not discrminate, but I believe the gov't has no business telling private companies whom they may or may not hire.
02:16 PM on 04/22/2010
If that private company deals with the public, then of course the govt. has the right. I seriously doubt you would be spouting the same line if a company like GM or Wal-Mart suddenly decided it wasn't going to hire any women, or White People etc.... You do your job, you get paid, you don't get fired unless you are a poor worker, end of story.
12:53 AM on 04/23/2010
"of course the gov't has the right?" based on what principle? Why do you doubt I would say this about GM or Walmart? If they are stupid enough to discriminate in such a way there are plenty of outlets for making them suffer apart from having the gov't step in. The problem is all the litigation means that it is harder to fire poor workers and does nothing to keep people from being victims of discrimination.
This user has chosen to opt out of the Badges program
photo
hackerblaster
I did not mean that to be a factual statement.
12:05 PM on 04/23/2010
If the private companies had better American Values and believed it was wrong to discriminate we wouldn't be here right now.

Dallas Area Rapid Transit had a transgender woman in their employment. She had all the appropriate procedures done and finally when she was complete filed to have her birth certificate gender marker changed. DART's lawyers had her own personal case overturned. They had their lawyers fight her own case that had nothing to do with them whatsoever.

People need protection from employers because they aren't going to be civil.
02:58 PM on 04/22/2010
I don't think the Govmn't wants to tell companies whom they may or may not hire. I think they want to tell companies that to not hire someone simply because they are gay is wrong. There is a difference between telling someone who they MUST hire, i.e. quotas, and telling them not to discriminate.
photo
HUFFPOST SUPER USER
FearlessFreep
A radical leftist with a JS Woodsworth avatar.
11:44 AM on 04/22/2010
"Congress must act now to pass ENDA."

And Obama must take the lead (yeah, right).
photo
HUFFPOST SUPER USER
THATSWHATUGET
Truth is Power
09:40 AM on 04/22/2010
Yeah, and if ENDA is PASSED, good luck with ENFORCEMENT!

BTW, what's the BACKLOG of discrimination complaints over at the Labor Department looking like these days?

It has always been a peculiar thing to me as an "African American" why these various laws enacted to protect "minority" rights are not codified and expressed as HUMAN RIGHTS...

I mean, are "Animal Rights" limited to specific 'animals' or the whole 'animal kingdom'? Not comparing, just contrasting (if I understand the difference).
01:18 PM on 04/22/2010
While I hear, understand and appreciate your point about enforcement and backlogs, it is likely that a significant number of businesses would cease to discriminate simply because a law is in place. For example, there are laws on the books about age discrimination and yet we all know that some companies still attempt to circumvent that; but the majority comply because it is the law. Will ENDA eliminate discrimination? Of course not. Will it help to end discriminatory practices? Yes.

As to your point about human rights...I absolutely agree. My sense is that the now-common terminology "human rights" is relatively newer than "minority rights" and that the "minority rights" policies were created before "human rights" was in common use, but that is just a guess on my part.
HUFFPOST PUNDIT
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
09:38 AM on 04/22/2010
This seems like a "slam dunk", almost regardless how one feels about gay rights.

But you never know, we'll be watching Congress.
photo
JohnFromCensornati
Free your mind and your ass will follow.
08:44 AM on 04/22/2010
"As leaders of the National Stonewall Democrats and the Log Cabin Republicans we share a commitment to full equality for all Americans, regardless of their sexual orientation or gender identity."

This is a ridiculous statement. Just the fact that the Log Cabin Closetcases are Republicans is enough to demonstrate that they do *not* “share a commitment to full equality for all Americans, regardless of their sexual orientation or gender identity”.
HUFFPOST SUPER USER
CHICAGOSTYLE
09:39 AM on 04/22/2010
This is the epitome and the moral standard of liberals,,,, They and we all know they can get away with Homophobia and racism and sexism as long as it is directed at anything and everything GOP
photo
JohnFromCensornati
Free your mind and your ass will follow.
09:54 AM on 04/22/2010
This is the epitome and the moral standard of GOP propagandists. They call people who they don't know from Adam "liberals" and they pretend that the Democrats are the anti-gay party while the GOP loudly and proudly pushes their anti-gay legislation.