The return of ENDA: Keep on keepin’ on

On September 23, the House Education and Labor Committee held hearings on Capitol Hill for HR.3017, the Employment Non-Discrimination Act of 2009 (also known as ENDA). Let me tell you why that’s important. In 29 states, it’s perfectly legal to fire employees based on their sexual orientation; in 38 states it’s perfectly legal to fire employees based on gender identity. This essentially means that people can be fired for something totally unrelated to job performance. When discrimination like that exists in the workplace, it’s a threat to all people everywhere. Employment discrimination doesn’t have to stop with the LGBT community.

I’ve been working on the passage of ENDA since I was a volunteer with the Human Rights Campaign (HRC) back in 1994. At the time, I was the Sixth Congressional District coordinator for HRC and the Marketing Services Manager for the Analytical Division of Millipore Corporation. The first thing I did was lobby Millipore to sign on as a corporate sponsor. Within 48 hours of talking to the head of Human Resources, I had the sponsorship I wanted directly from the CEO of the company. Then along came the politics of fear, otherwise known as the Contract with America (personally, I’ve always looked at it as the Contract on America). Along came Newt Gingrich, the serial cheater, with his own particular brand of family values and all hope of ENDA passing died with the GOP majority.

In 2007, the transgender community became the latest demon in the discussion. Knowing that there would be minimal support for a measure that included the transgender community, the House passed a version of ENDA without such protections in a vote that was largely seen as “symbolic.” When President George W. Bush threatened to veto any such legislation, it was DOA. The Senate never even took up the measure, leaving the LGBT community unprotected in the work force. The notion that the transgender community should be eliminated from protection is absurd. There is no more reason to discriminate against them than there is to discriminate against gays and lesbians.

The LGBT movement has made tremendous piecemeal advances over the last fifteen years on this issue. Twelve states, along with the District of Columbia and more than 100 local governments, now have workplace non-discrimination protections covering the LGBT community (covering 40% of all Americans). More than 150 Fortune 500 companies have also enacted non-discrimination policies for their LGBT employees. In spite of this positive movement, we must face the fact that members of the LGBT community are still fired every day across this nation simply for who they are, not what they do. This is so because Washington has lagged horribly behind in passing this critical legislation.

During the September 23 hearings, longtime openly gay Massachusetts representative Barney Frank stated, “I find it hard to argue for legislation that bans discrimination. It just seems to be so self-evident that an American who would like to work and support himself or herself ought to be allowed to be judged solely on his or her work ethic and talent that I don’t know what more to say.”

He was joined by the only open lesbian in Congress, Tammy Baldwin (D-WI) who stated, “There is a clear record demonstrating the need for these protections: lesbian, gay, bisexual and transgender employees are harassed, fired, not hired and passed over for advancement without regard to their merit.” Baldwin cited an American Civil Liberties Union (ACLU) report that shows 30% of the LGBT community has experienced workplace discrimination. More disturbing is the fact that nearly one in four say that they experience it on a weekly basis.

Of course, there are organizations that are not required to comply, like the armed services, veterans’ services groups, religious organizations and groups with fewer than 15 employees. Again proving himself to be the most forward-thinking legislator this nation has, Dennis Kucinich (D-OH) has suggested that - given the fact that so much American commerce depends upon small businesses - perhaps companies with 15 or fewer employees should be made to comply. Perhaps companies with 5 or fewer employees should be given the exception.

Recent polls show that 60% of all likely American voters support an inclusive federal employment non-discrimination law that protects the LGBT community. In addition, labor leaders are ramping up support for this legislation. The AFL-CIO recently passed a resolution pledging its commitment to lesbian, gay, bisexual and transgender rights, calling for full inclusion of the LGBT community into the labor movement. Richard Trumka, the newly-elected AFL-CIO president pledged his organization’s support for the swift passage of ENDA, stating in a recent speech, “We want a nation where it doesn’t matter what the color of your skin is…or what sex or religion you are…or whether you’re gay or straight or what country your family’s from because here, in America, we believe everyone ought to have their chance to step into the winner’s circle.” In light of all this, it’s pretty clear that the time is now to pass the Employment Non-Discrimination Act of 2009.

Writer’s Note: Prior to the August recess, Senator Jeff Merkley (D-OR) introduced a trans-inclusive version of ENDA in the Senate as well. Senator Kennedy was to have introduced this bill, but passed the responsibility over in light of his illness. Merkley was chosen as the lead sponsor because he had championed a similar non-discrimination bill in Oregon. Right now, when hearings will be held on the Senate version are unclear. Face-to-face discussions garnering support for the bill are underway in the Senate, but Merkley expects the transgender issue to be the sticking point in the Senate. You can track the progress of this bill here.