LC Democrats: The solution to discrimination in the workplace

In 29 states, it’s still legal to fire someone solely because they’re lesbian, gay or bisexual; in 38 states it is legal to fire someone solely for being transgender. Thousands of hardworking lesbian, gay, bisexual and transgender Americans have lost their livelihoods simply because of who they are. And millions more go to work every day facing that threat.

It’s time to ban workplace discrimination on the basis of sexual orientation and gender identity.

Twelve states, including Iowa, Minnesota and Illinois, prohibit discrimination based on sexual orientation and gender identity. And nine states, including Wisconsin, prohibit discrimination based only on sexual orientation.

The first thing we must cover is what sexual orientation and gender identity is. Sexual orientation is defined by the Oxford dictionary as a person’s sexual identity in relation to the gender to whom he or she is usually attracted; (broadly) the fact of being heterosexual, bisexual or homosexual. Gender identity is defined as a person’s sense of being a man or woman, resulting from a combination of genetic and environmental influences, according to the American Medical Association.

The problem: qualified, hardworking Americans are denied job opportunities, fired or otherwise discriminated against just because they are lesbian, gay, bisexual or transgender (LGBT). There is no federal law that consistently protects LGBT individuals from employment discrimination; it remains legal in 29 states to discriminate based on sexual orientation, and in 38 states it is illegal to do so based on gender identity or expression. As a result, LGBT people face serious discrimination in employment, including being fired, being denied a promotion and experiencing harassment on the job.

Solution: Employment Non-Discrimination Act S. 1584/H.R. 3017.

The Employment Non-Discrimination Act (ENDA) would provide basic protections against workplace discrimination on the basis of sexual orientation or gender identity. ENDA simply affords to all Americans basic employment protection from discrimination based on irrational prejudice. The bill is closely modeled on existing civil rights laws, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. The bill explicitly prohibits preferential treatment and quotas and does not permit disparate impact suits. In addition, it exempts small businesses, religious organizations and the military, and it does not require that domestic partner benefits be provided to the same-sex partners of employees.

What ENDA Does:

* Extends federal employment discrimination protections currently provided based on race, religion, sex, national origin, age and disability to sexual orientation and gender identity

* Prohibits public and private employers, employment agencies and labor unions from using an individual’s sexual orientation or gender identity as the basis for employment decisions, such as hiring, firing, promotion or compensation

* Provides for the same procedures, and similar, but somewhat more limited, remedies as are permitted under Title VII and the Americans with Disabilities Act

* Applies to Congress and the federal government, as well as employees of state and local governments
What ENDA Does Not Do:

* Cover businesses with fewer than 15 employees

* Apply to religious organizations

* Apply to the uniformed members of the armed forces (the bill doesn’t affect the “Don’t Ask, Don’t Tell” policy)

* Allow for quotas or preferential treatment based on sexual orientation or gender identity

* Allow a “disparate impact” claim similar to the one available under Title VII of the Civil Rights Act of 1964. Therefore, an employer is not required to justify a neutral practice that may have a statistically disparate impact on individuals because of their sexual orientation or gender identity

* Allow the imposition of affirmative action for a violation of ENDA

* Allow the Equal Employment Opportunity Commission to collect statistics on sexual orientation or gender identity or compel employers to collect such statistics.

* Apply retroactively

Call your Congressperson and Senators today to make sure that all people in this nation are protected [(202) 224-3121 (Capitol Switchboard).]