Employment Non-Discrimination Act

PFAW Releases New Toolkit on the Employment Non-Discrimination Act

First introduced in 1994, ENDA has been introduced in every subsequent session of Congress except one, including its introduction this April by a bipartisan group of lawmakers in the House and Senate. Advocates in Congress and on the ground believe that the growing momentum surrounding LGBT equality should help ENDA move forward this year.
PFAW

Employment Non-Discrimination Act: Judging Employees by Their Work Performance, Not by Who They Are or Who They Love

First introduced in 1994, ENDA has been introduced in every subsequent session of Congress except one, including its introduction this April by a bipartisan group of lawmakers in the House and Senate. Advocates in Congress and on the ground believe that the growing momentum surrounding LGBT equality should help ENDA move forward this year.

New Poll Finds “Overwhelming Support” for ENDA

An “overwhelming majority” of Americans support federal legislation protecting LGBT people from workplace discrimination, new data from Republican pollster Alex Lundry finds – including a majority (56%) of Republican voters.  In fact, the Employment Non-Discrimination Act (ENDA) is so in keeping with basic American values that eight in ten people think that it is already on the books, according to the poll.

While past polling has shown that most Americans support workplace protections for LGBT people, this poll sought to gauge support levels across all fifty states specifically for federal legislation:

An innovative statistical modeling method…allows us to estimate support for ENDA in all 50 states by combining data from our national survey with state level census data. The result? We estimate that across all 50 states a majority of voters support passing federal nondiscrimination protections.

Politico’s Maggie Haberman writes that the new data comes as Senate Majority Leader Harry Reid seeks more Republican support for the bill and as advocates urge Congress to move it forward this fall.

As we have noted in the past, passing ENDA is simply common sense.  Employees should be evaluated on how well they do their job, not on who they are or who they love.  And as poll numbers increasing show, Americans from all parts of the country of all political stripes agree.

PFAW

ENDA passes HELP Committee, ready for Senate floor

This critical piece of anti-discrimination legislation would make it illegal to make employment decisions – hiring, firing, promotion, or compensation – based on a person’s sexual orientation or gender identity.
PFAW

The ENDA is Near: The Top Five Religious Right Claims About the Employment Non-Discrimination Act

With the Employment Non-Discrimination Act scheduled for a Senate committee vote this week, here’s a look at Right Wing Watch’s collection of recent – and classic – claims from the Religious Right about ENDA.  Because ENDA is common-sense civil rights legislation that would expand federal employment protections against discrimination to include sexual orientation and gender identity, the Right cannot gain much traction by opposing ENDA on its merits.  Instead, resorting to fear-mongering and lies, they contend that ENDA will lead to everything from the end of religious freedom to sexual assault and death.

Here are highlights of Right Wing Watch’s reporting on right-wing opposition to ENDA:

5. Tony Perkins: ‘Totalitarian Homosexual Lobby’ Out to Destroy Religious Freedom with ENDA (March 2013)

“Like a B-grade 1950’s horror-movie, ENDA is coming back from the dead,” warned Family Research Council President Tony Perkins in a recent mailing. Perkins said President Obama is working with the “totalitarian homosexual lobby” to sneak ENDA into law, and if that happens, “Our freedom of religion will be destroyed.”

“In fact,” says Perkins in his letter, “under ENDA biblical morality becomes illegal.”

Read the full article here.

4. Steve Crampton: ENDA is Insanity (June 2012)

Speaking about a Senate hearing on ENDA, Liberty Counsel’s “Faith and Freedom” radio host Steve Crampton marveled that a transgender person was actually allowed to testify on behalf of the legislation and complained that ENDA is not about “equal rights” but rather “special rights” for gays and cross-dressers.

Crampton stated that if ENDA passed, he could come into work – “God forbid,” he said – wearing a dress and would be allowed to use the women’s restroom.  “In years past,” Crampton said, “we had another word for this: it’s called insanity.”

Read the full article here.

3. Andrea Lafferty Cites CT School Shooting to Rally Opposition to Non-Discrimination Policies (December 2012)

Andrea Lafferty of the Traditional Values Coalition used the school shooting in Newtown, Connecticut, in order to bolster her campaign against ENDA. While speaking to Janet Mefferd about the Orange County, Florida, school system’s new non-discrimination policy that is similar to ENDA, Lafferty said that just as parents are upset about the Sandy Hook elementary school shooting and are concerned about keeping their children safe, they should also be worried about ENDA’s “devastating effects” as schools will have “people with some real issues playing out their personal problems in the classroom.”

Lafferty maintained that ENDA is part of the left’s “open season” on Christians on behalf of “fringe minorities and people that are truly sick.”  She warned that Chick-fil-A restaurants may soon be “forced” to hire “weirdos” seeking to undermine Christian businesses, warning that transgender people are committing “the ultimate act of self-hatred” and need “special medical treatment” rather than job protections.

Read the full article here.

2. Bryan Fischer: Businesses Threatened by ‘Flaming Homosexual’ Job Applicants and the ‘Return of Jim Crow Laws’ (January 2013)

American Family Association spokesman Bryan Fischer warned in a blog post that “ENDA would represent the return of Jim Crow laws.” On his radio program Focal Point, Fischer warned that if ENDA is signed into law businesses will be faced with a barrage of “flaming homosexual” job applicants. “The homosexual lobby,” Fischer said, “will send a guy in there wearing stilettos, a dress and dangly earrings” in order to provoke Christian business-owners “not to hire him.”

Read the full article here.

1. Mat Staver: ENDA Will Result in the 'Death of Some Individuals' (June 2012)

Liberty Counsel chairman Mat Staver is ratcheting up the rhetoric in opposition to ENDA, even going so far as to say that if passed the legislation may lead to child molestation, sexual assault, and death. Staver told Jim Schneider of VCY America on Crosstalk that ENDA “will put individuals at risk and ultimately result in significant damage and even death of some individuals”:

Staver: So you can go into these restrooms or changing rooms, if you’re a man, and want to go in and molest, or watch, or sexually assault young girls. So, I mean, the absurdity of this is just beyond understanding how someone could be in favor of it. This will ultimately, in addition to colliding with religious liberty, in addition to forcing a radical agenda on people, this also will put individuals at risk and ultimately result in significant damage and even death of some individuals.

Read the full article here.

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Delaware Passes Historic Transgender Anti-Discrimination Bill

Last Tuesday Delaware Governor Jack Markell wrote that in his state, it is high time “our laws reflect our values.”  The bill in question was the Gender Identity Nondiscrimination Act of 2013, which adds gender identity to the state’s hate crime prevention and non-discrimination laws.  As Gov. Markell pointed out,

“Under our State's laws, it is currently legal to fire someone, deny them housing, or throw them out of a restaurant simply because they are transgender. This is simply not the Delaware way…”

And it’s not the American way. With bipartisan support in the state House and Senate, the bill passed the Delaware legislature and was signed into law by Gov. Markell Wednesday evening, making Delaware the 17th state with an employment non-discrimination law covering gender identity in addition to sexual orientation.

This is a profound victory for transgender Delawareans like Jay Campbell, who has so far felt unable to come out in his workplace. Campbell told the News Journal of Wilmington earlier this month,

“Without basic protection from discrimination, I can’t afford to tell my employer. I can’t obtain health coverage for the fear I’ll be outed and fired.”

Campbell shares this concern with other transgender – as well as lesbian, gay, and bisexual – people across the country.  In the majority of U.S. states, it remains legal to fire someone for being LGBT. This means that far too many people find themselves forced to choose between risking their livelihoods and undertaking the painful work of hiding who they are, day after day.

Today’s victory in Delaware underscores the need for employment protections for LGBT workers in every state through the Employment Non-Discrimination Act.  This common-sense solution would help ensure that employees like Campbell are judged by how well they do their job, not by who they are or who they love.

PFAW

Tell Congress: Pass the Employment Non-Discrimination Act (ENDA)

The Employment Non-Discrimination Act (ENDA) is a very basic, commonsense measure that would protect LGBT Americans against the very real discrimination many of them face in the workplace -- one that the public overwhelmingly supports.

Delaware Senate Passes Transgender Anti-Discrimination Bill

Yesterday afternoon the Delaware Senate passed a historic civil rights bill adding gender identity to the state’s hate crime prevention and non-discrimination laws.  Despite damaging lies about transgender Americans pushed by organizations like Focus on the Family and the Delaware Family Policy Council, the state Senate approved the bill in an 11-7 vote.

Sarah McBride of Equality Delaware said,

“The Senate vote today inspired a lot of hope in me and I’m sure that’s true for many other transgender people across Delaware. It was inspiring to see a majority of the Senators stand up for a group that has seen disproportionate levels of discrimination and violence.”

If enacted, Delaware will become the 17th state with an employment non-discrimination law that covers gender identity in addition to sexual orientation. 
 

PFAW

New Report Sheds Light on Inequalities Suffered by LGBT Workers

Our society is one which remains afflicted by institutionalized discrimination. Although most Americans believe protections already exist, it is still perfectly legal to fire someone for being lesbian, gay, or bisexual in 29 states, and for being transgender in 34.

Indeed, a new report released Tuesday by the Movement Advancement Project, the Center for American Progress, the Human Rights Campaign, and others provides a comprehensive synthesis of the wealth of evidence documenting the inequalities faced by LGBT workers. Titled “A Broken Bargain: Discrimination, Fewer Benefits and More Taxes for LGBT Workers,” the report presents extensive documentation of bias in the recruitment process, of hostile work environments, of persistent wage disparities as compared to non-LGBT employees, and of dramatically reduced access to health insurance, family and medical leave, retirement benefits, and disability and survivor benefits – despite paying higher taxes due to the inability of LGBT households to file jointly.

The impact on families is devastating. According to the report, inequality when looking for jobs, inequality on the job, and inequality in benefits received from jobs combine to make LGBT parents twice as likely to live near the poverty line when compared to non-LGBT counterparts.

Left to right, seated at panel: Bill Hendrix, Nicole G. Berner, Dorian Warren,Sam Hall, Mia Macy, T.J. Maloney. Photo of release event at Center for American Progress.

While the Equal Employment Opportunity Commission recently found that existing Title VII law covers gender identity, courts are not required to give any deference to its legal interpretations, so legislation is required. Such a bill to guarantee much-needed federal employment protections for LGBT people was recently introduced in the 113th Congress. Known as the Employment Non-Discrimination Act (ENDA), the bill has been introduced in nearly every Congressional session since 1994, and the fight for basic workplace equality continues to the present day.

Further, corporate America knows that ENDA is good for business. As Senator Jeff Merkley (D-OR) said Tuesday morning at the release event for the report,

“When we asked employers about this, many of them said, ‘well, isn’t it already illegal’? … In our Fortune 500 companies, over 400 have policies addressing LGBT discrimination, and well over half have addressed gender identity. In the 21 state laboratories in which this has been implemented, there has been no concern over [costs to business caused by] additional lawsuits … they are a small percentage of all lawsuits to do with gender, religion, and race. This is a non-issue.”

Passing ENDA, then, would not only help alleviate discrimination faced by LGBT workers, but would also help businesses attract the best qualified employees possible. As Bill Hendrix from Dow Chemical said at the event,

“It’s hard enough already to find good people to fill jobs. Why would you begin by excluding parts of the population?”

PFAW

Exxon Mobil Votes Down LGBT Discrimination Ban, Again

Today, for the fourteenth time, Exxon Mobil shareholders voted down a resolution supporting an LGBT-inclusive equal employment opportunity statement. With  94% of the largest companies in America already prohibiting sexual orientation-based discrimination and 78% prohibiting gender identity-based discrimination, Exxon Mobil is way behind.  Exxon has even gone out of its way to avoid implementing this type of policy.  Though Mobil Oil had non-discrimination policies in place protecting workers on the basis of sexual orientation, Exxon rescinded them over a decade ago when they bought the company. 

Exxon Mobil’s refusal to change their outdated policy underscores the need for employment non-discrimination laws that protect LGBT workers.  Though most Americans believe that LGBT employees are already protected, in much of our country employers can still fire someone because of who they are or who they love. 

PFAW Communications Director Drew Courtney recently pointed out that on the question of whether it’s okay to fire someone for being LGBT,

“few Americans still think that’s a live question.  Overwhelming majorities of Americans support the passage of the Employment Non-Discrimination Act (ENDA), which would make it illegal to fire someone for being gay or transgender.”

But Exxon Mobil hasn’t yet gotten that memo.

PFAW

Employment Non-Discrimination Act to be Reintroduced in Congress

In much of our country, employers can legally fire someone simply because they are lesbian, gay, bisexual, or transgender.  It’s something most Americans don’t realize.  It’s also something most Americans believe is wrong.

Today a bill designed to address that kind of discrimination, the Employment Non-Discrimination Act (ENDA), is expected to be reintroduced in both the House and the Senate. This important civil rights legislation would expand current federal employment protections against discrimination – such as those based on race, religion, gender, national origin, age, and disability – to include sexual orientation and gender identity.  It is a common-sense measure that would help ensure that employees are judged by their qualifications and work performance rather than their sexual orientation or gender identity.

Yesterday People For the American Way joined with a broad coalition of organizations in asking members of Congress to become cosponsors of ENDA.  As the letter notes,

“Hardworking Americans should not be kept from supporting their families and making a positive contribution to the economic life of our nation because of characteristics that have no bearing whatsoever on their ability to do a job…Only 21 states’ laws prohibit discrimination in employment based on sexual orientation, and only 16 also do so based on gender identity, meaning that it is legal to fire members of the LGBT community in 29 and 34 states, respectively. ENDA prohibits discrimination based on sexual orientation and gender identity in most workplaces. The time has long since come to end this injustice for LGBT Americans and pass ENDA.”

PFAW

Ending Employment Discrimination: LGBT Equality in the Workplace

ENDA will assist both employees and employers alike in establishing a more open, equal, and fair work environment.

African American Ministers in Action Supports ENDA and Urges Cosponsorship

If we’re going to build the beloved community that Dr. King spoke of, we must be conscious of discrimination, no matter where it rears its ugly head. As African American ministers, we know what it takes to stand up against systemic oppression. It is in solidarity and love that we recognize the plight of others and support this struggle for the same protections. Passage of ENDA would be a major step in the right direction.

People For the American Way Supports ENDA and Urges Cosponsorship

ENDA is commonsense legislation that addresses injustice with a sensible solution. As we have noted, it would extend protections that some states and many large corporations already provide – without disruptive business consequences.

Bipartisan Employment Non-Discrimination Act Introduced in the Senate

Both the House and Senate have now introducted inclusive versions of the Employment Non-Discrimination Act, which would prohibit employers from discriminating based on employees' sexual orientation, gender or gender identity
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