Workplace Discrimination against gays, lesbians, bisexuals, and transgenders is legal in 30 states; transgender discrimination is particularly problematic. The discrimination extends also to housing, finance, and public accommodations. Check the details...
BEYOND WORKPLACE DISCRIMINATION AND DISCRIMINATION AGAINST GAYS AND LESBIANS
Like other groups, the LGBTQ population needs protections against discrimination not only in employment, but also in housing, finance, and public accommodations. All of these protections need to specifically cover transgenders, since they are a severely discriminated group in America.
STATUS OF ENDA IN CONGRESS
The Employment Non Discrimination Act (ENDA) has been introduced in Congress many times, but it has not ever been voted on.
In April 2007, Congressman Barney Frank introduced ENDA (HR 2015) which protected for the first time against workplace discrimination due to real or perceived gender identity. This was the first time that such legislation covered transgender people as well as many others who may not always act fitting their gender stereotypes.
Since there were not enough votes to pass it, Barney Frank introduced two substitute bills in September 2007: (1) HR 3685, which protects sexual orientation but not gender identity, and (2) HR 3686 ( GENDA) that covers gender identity and expression.
Frank's actions created a significant debate in the LGBTQ community among those who believe in providing protections for gay and lesbian employees and those who did not want to leave transgender employees behind. Eventually, this translated into the creation of UnitedENDA.org which represents more than 368 organizations, including eQualityGiving. HRC claimed a position of neither supporting nor opposing the trans-exclusive ENDA.
On November 7, 2007, ENDA (HR 3685), not covering transgender discrimination, passed the House of Representatives by a vote of 235 to 184. It is the first time that such legislation passes one of the Houses in Congress.
There is no certainty about whether this legislation will be voted by the Senate in 2008.
BEYOND TRANSGENDER DISCRIMINATION
As analyzed by the top legal LGBTQ organizations, excluding gender identity from workplace discrimination laws not only affects transgender people, but also gays, lesbians, and bisexuals who could be fired for being “too masculine,” “too effeminate,” or for displaying any other gender non-conforming characteristic.
LACK OF PROTECTIONS IN THE STATES
- In 30 states it is perfectly legal to fire somebody solely for being gay, lesbian, bisexual, or transgender
- In 13 states it is illegal to fire gays, lesbians, bisexuals, or transgenders for solely that reason
- In 7 states it is illegal to fire gays, lesbians, or bisexuals for solely that reason, but it is legal to fire transgenders
GLBT WORKPLACE
In addition to the efforts to lobby Congress, several organizations have projects aimed at increasing the number of companies that offer protection for GLBT employees.
- HRC compiles the Corporate Equality Index showing an unprecedented 195 major U.S. businesses earned the top
rating of 100 percent on their
treatment of gay, lesbian, bisexual and transgender employees,
consumers and investors.
- Equality Forum has the Fortune 500 Non Discrimination Project showing that 470 of the Fortune 500 provide non discrimination protection to their gay and lesbian employees
- Gender Pac has the Workplace Fairness Program that supports major corporations in adding gender identity/expression protections to their workplace non discrimination policies
NON DISCRIMINATION IN THE FEDERAL GOVERNMENT
In 1998, President Bill Clinton signed Executive Order 13087 which protected federal government employees from discrimination based on sexual orientation. This order also covered federal employees of the District of Columbia as well as the United States Postal Services, but did not cover members of the Armed Forces, CIA, FBI, and NSA.
The head of the Office of Special Counsel, Scott Bloch, refuses to enforce these longstanding non-discrimination protections and president George W. Bush is not requiring him to do so.
This demonstrates that this Executive Order needs to be made into law and needs to also cover transgender employees.
On December 19, 2007, the Domestic Partnership Benefit and Obligations Act (DPBO) was introduced in Congress to end workplace discrimination in the workplace. Ambassador Michael Guest discusses ending workplace discrimination in the Federal Government.
WHO TO SUPPORT AND FUND
To pass this legislation is now very dependent on who controls Congress and the White House. All the Democratic Presidential Candidates have
expressed support for it, while most of the Republican Presidential
Candidates have expressed their opposition.
In addition, electing pro equality candidates to Congress will increase the chances of passing this legislation (give to the Endorsed Candidates).
All equality organizations support the ultimate goal of having non discrimination in employment, housing, finance, and public accommodation for lesbians, gays, bisexuals, transgenders, and queers. There is, however, disagreement on the tactics. For those who support the idea of a non-inclusive ENDA, HRC is a good choice for your donations. If you believe in an inclusive ENDA then focus on the organizations supporting that are part of UnitedENDA as well as their leaders: The Task Force and the National Center for Transgender Equality.
