ENDA Senate Hearing - 'An Issue of Basic Equality and Fundamental Fairness for all Americans'
posted by: Steve W. 18 days ago
On Thursday, the Senate held a hearing on the Employment Non-Discrimination Act of 2009 (ENDA), a piece of legislation designed to stop bias in the workplace based on sexuality and gender identity. This is the first time the Senate has heard testimony on a trans-inclusive ENDA.
But why is ENDA needed? In 29 states, it is legal to fire a person on the basis of their sexuality. In 38 states, you can still be fired for being transgender. ENDA could change all that.
Senator Jeff Merkley, who introduced ENDA to the Senate in August, gave the introduction to yesterday's hearing:
The Assistant Attorney General to the Civil Rights Division of the Department of Justice, Thomas E. Perez, was also present. He confirmed that ENDA had the backing of the President, and that it was "a top legislative priority for the Obama administration", saying:
Click here for the rest of Michael Carney's testimony.
The witness panel did not include any transgender people, unlike the House counterpart ENDA hearing earlier this year. However, there were two transgender persons present at the hearing's press-conference (Mike Carney also spoke):
In the past, inclusion of transgender protections in an ENDA bill has been controversial, and in 2007 both Rep. Barney Frank and the organization the Human Rights Campaign drew heavy criticism for moving a bill that was not transgender inclusive. Asked if there was a chance of transgender inclusion being removed this year, Senator Merkley replied a definitive "No".
Although no transgender witnesses were available to give testimony at the hearing, some senators did speak on their behalf. Senator Al. Franken (D-Minn) was perhaps the most succinct in outlining a need for ENDA, saying, "You can be a hard worker, you can show up on time, get exemplary performance reviews, but your boss discovers or suspects that you're transgendered — they can fire you and there's nothing you can do about it."
In spite of the bill having bi-partisan support and 42 co-sponsors including Sens. Susan Collins (R-Maine) and Olympia Snowe (also R-Maine), no Republican committee member attended yesterday's hearing.
Senator Merkley said that he expected movement on the bill in the Spring, while the House companion to the bill introduced by Rep. Barney Frank is awaiting mark-up.
Take Action:
But why is ENDA needed? In 29 states, it is legal to fire a person on the basis of their sexuality. In 38 states, you can still be fired for being transgender. ENDA could change all that.
Senator Jeff Merkley, who introduced ENDA to the Senate in August, gave the introduction to yesterday's hearing:
The Assistant Attorney General to the Civil Rights Division of the Department of Justice, Thomas E. Perez, was also present. He confirmed that ENDA had the backing of the President, and that it was "a top legislative priority for the Obama administration", saying:
On an issue of basic equality and fundamental fairness for all Americans, we cannot in good conscience stand by and watch unjustifiable discrimination against lesbian, gay, bisexual and transgender individuals occur in the workplace without redress.
We have come too far in our struggle for "equal justice under the law" to remain silent or stoic when our LGBT brothers and sisters are still being mistreated and ostracized for reasons that have absolutely nothing to do with their skills or abilities and everything to do with myths, stereotypes, fear of the unknown, and prejudice.
No American should be denied a job or the opportunity to earn promotions, pay raises and other benefits of employment because of his or her sexual orientation or gender identity, which have no bearing on work performance. No one should be fired because he or she is gay, lesbian, bisexual or transgender. Period. ENDA would provide much needed and long overdue federal protections for LGBT individuals, who still face widespread discrimination in workplaces across the Nation. For this reason, the passage of ENDA is a top legislative priority for the Obama Administration.
Read all of the Assistant Attorney General's testimony here.
The Honorable Lisa Madigan, Attorney General for the State of Illinois, also gave testimony, drawing on her experience of the 2006 Amendments to the Illinois Human Rights Act which added sexual orientation and gender identity to the Illinois Deparment of Human Right's (IDHR) list of protected classes. She said:
With regard to employment discrimination charges, while charges based upon sexual orientation have increased over time, they still make up a relatively small percentage of the total charges. For example, in [Financial Year (FY)] 2006, only 34 employment discrimination charges based on sexual orientation were filed with IDHR, which was only two percent of all employment discrimination charges filed that fiscal year.
In FY2009, 147 employment discrimination charges based on sexual orientation were filed with IDHR, totaling only four percent of all employment discrimination charges filed that fiscal year. IDHR attributes the increase in sexual orientation employment discrimination charges to the downturn in the economy, as well as to educational outreach by IDHR regarding the law to the lesbian and gay community, other agencies, and employers throughout the state.
ENDA is often attacked because of the belief that it would cause a torrent of lawsuits against employers, and specifically religious institutions. It is important to note that ENDA includes exemptions for all religious institutions, the U.S. Military, veterans' groups, and businesses with fewer than 15 employees.
Madigan went on to reinforce this idea, saying (emphasis mine):
Charges filed with IDHR also show that religious institutions have not been impacted by the 2006 Amendments to IHRA. Since the effective date of the 2006 Amendments, only a handful of charges based on sexual orientation have been filed against religious institutions. In FY2009 and so far in FY2010, not a single charge based upon sexual orientation was filed against a religious institution.
Most importantly, a significant number of religious institutions were in support of the 2006 Amendments to IHDA. At the time of the passage of the 2006 Amendments, approximately 87 religious institution, organizations and leaders pledged their public support for the amendments.
Read the Honorable Lisa Madigan's full testimony here.
But what about the actual victims of employment discrimination? Mike Carney, a gay police officer from Springfield, Massachusetts, gave his testimony on what it was like to be gay and go to work knowing that you could be discriminated against:
...Today, sexual orientation and gender identity remains an invisible but insidious obstacle to equal employment that cuts across all racial, religious and ethnic lines in America. I was gay. And there was nothing I could do about it. I didn’t choose to be. I just was.
In September of 1982, after I graduated from the academy, I was appointed as a police officer. I felt I had no choice but to keep my personal life a secret from my co-workers and supervisors. Not being able to share my personal life with those I spent so much time with was extremely painful.
Can you imagine going to work every day fearing to talk about last night’s date, your spouse, your weekend, your family – not being able to share any part of your personal life for fear of reprisal or being ostracized.
I did this in a career that prides itself on integrity, honesty and professionalism – and where a close bond with one’s colleagues and partner is critical to surviving dangerous and potentially deadly situations.
At my police graduation, a colleague’s sexual orientation became the topic of conversation because he brought a man to our graduation party. Although he told everyone he was just a friend, by the end of the evening the new recruit was assaulted by a fellow officer.
Officer Carney then highlighted his own battle against discrimination. After he took a leave of absence from the Police Force due to severe depression that was partly related to his sexuality, he was refused reinstatement after admitting that he was gay at the interview. Carney said:
I was dumbfounded. I could not believe this was happening. I retained an attorney and he spoke with city officials. He told me to reapply. I did and a week later I received a letter stating that I was denied again. My four colleagues were all reinstated.
I felt like I was kicked in the gut, but this time, I was also furious. I asked my lawyer to file a complaint with the Massachusetts Commission Against Discrimination for employment discrimination based on my sexual orientation.
In 1994, the Massachusetts Commission Against Discrimination ruled that sexual orientation bias did play a factor in why Mr. Carney was not reinstated. Mr. Carney was also thankful that he lived in one of the thirteen states that have workplace sexual orientation and gender identity protections, pointing out:
I'm a good cop. But I had to fight to get my job because I'm gay. And I never would have even been able to do THAT – had I not lived in Massachusetts or in one of the 13 other states and the District of Columbia that protect GLBT people from discrimination. In fact, if I were a federal employee living in Massachusetts I would not be protected at all. Do you think that impacts federal recruitment efforts? You bet it does.
Click here for the rest of Michael Carney's testimony.
The witness panel did not include any transgender people, unlike the House counterpart ENDA hearing earlier this year. However, there were two transgender persons present at the hearing's press-conference (Mike Carney also spoke):
In the past, inclusion of transgender protections in an ENDA bill has been controversial, and in 2007 both Rep. Barney Frank and the organization the Human Rights Campaign drew heavy criticism for moving a bill that was not transgender inclusive. Asked if there was a chance of transgender inclusion being removed this year, Senator Merkley replied a definitive "No".
Although no transgender witnesses were available to give testimony at the hearing, some senators did speak on their behalf. Senator Al. Franken (D-Minn) was perhaps the most succinct in outlining a need for ENDA, saying, "You can be a hard worker, you can show up on time, get exemplary performance reviews, but your boss discovers or suspects that you're transgendered — they can fire you and there's nothing you can do about it."
In spite of the bill having bi-partisan support and 42 co-sponsors including Sens. Susan Collins (R-Maine) and Olympia Snowe (also R-Maine), no Republican committee member attended yesterday's hearing.
Senator Merkley said that he expected movement on the bill in the Spring, while the House companion to the bill introduced by Rep. Barney Frank is awaiting mark-up.
Take Action:
- Sign this Care2 Petition to urge the Senate to pass the inclusive Employment Non-Discrimination Act.
Read more: civil rights, Enda, gay rights, lgbt rights, employment non-discrimination act, senate hearing
comments
what a wonderful bill, and what's even better what wonderful comments not a negative or bigoted comment in the bunch. i love to see the support and good will here!!! Keep it up people, we can make change with out positive thoughts.
send green star | flag as inappropriate
why is this inappropriate?
My hearts go out to those suffering on the job like this. As a female I certainly know that if you don't do as your told, sleep with your superiors and so forth, the old boy's club will smash you into bits.
That said, things are changing. We can at least openly talk about and support LGBT rights in many workplaces.
Any person should be able to have any job. Your sexual orientation doesn't change the way you work. Nor does it make you a better or worse person than anyone else.
Heck we know a lot of the founding fathers were at least bi. Why not salute them by making an American workplace they'd be proud of?
Sign the petition too, OK guys?
send green star | flag as inappropriate
why is this inappropriate?
I'm sick to death of this constant display of pure ignorance, hate and prejudice that reigns in the minds (term used loosely) of those idiots who make life miserable for those who cannot help their sexual orientation. People like that have no business being in positions of authority in the first place, if that's the way they think and function. It's time they got with the program and learned a modicum of compassion and how to be human, deep-seated as their hate is. Why in God's name people just cannot live and let live is beyond me.
send green star | flag as inappropriate
why is this inappropriate?
I have never, and will never, understand people's terror of 'the other'. So the man next to you was born with female anatomy. So what? What does that do to *you*? Absolutely nothing.
I'm just so very tired of the hate and the fear. It needs to end.
gerold fahrer - I dearly wish you could find someone to translate your posts, as I'm sure we'd all like to hear what you have to say.
send green star | flag as inappropriate
why is this inappropriate?
Now, as to unemployment, they will make it legal to hire illegals because they are cheaper and are saying that Americans won't do those jobs. Yeah right! Americans have to live here and pay the current cost of living costs and cannot afford to work for peanuts! That's if they still have a house. and need car insurance to drive their clunker. Illegals don't have to follow the rules and foot the bills. They just risk getting sent home.
send green star | flag as inappropriate
why is this inappropriate?
sorry but what can you expect from a country founded by regilious rejects from europe? you have halp the country terrified of anything different from the "norm" who want everything to go back to the era of mccarthy and the lesser half wanting to enact far reaching laws that scare the crap outta the first half! why doesn't one side loosen up and show some understanding ad the other side , i don't know bout the other side. there not really asking for anything but what your constitution calls for,am i wrong??but as long as you caarry on with this narrow-minded ,bigoted way of thinking you'll do nothing but continue to tear your country apart!!
send green star | flag as inappropriate
why is this inappropriate?
I agree with all of you! This is a no brainer. But how can you be surprised by a Legislative process and the Congress couldn't make their opinions clearer than in the ongoing healthcare debate. And debate it will be ad nauseum. Listen to what they are saying! They DO NOT care about the "have nots", the haves want to pass a bill with little reform and no competition for the insurance co.s Pretty much status quo! They have no plan for the unemployed, reposessed and homeless, poor huddled masses than they did after Katrina and I thought that was what this reform and "affordable" healthcare was all about. Silly me!
send green star | flag as inappropriate
why is this inappropriate?
Folks, man's spirit is the light of the world, but it too can display the darkest side.
Anyone has this uncanny inner empowerment to overcome any obstacle they're currently experiencing.
With this gifted ability, why some still prefer to flip the light switch off others due to the biased fear of difference is a mind boggling thing to me.
If everyone was allowed to let their beacon beam without negative feelings of dire consequence, we all would be the better-off for it...
Once again, I might point out it is the Republican that appear threatened most to this legislation in being the ones trying to block it.
All that I got to say to them is, if as you state, the GOP is the party that represents American's values, then why are you shunning certain sectors of Americans out of that concept...
send green star | flag as inappropriate
why is this inappropriate?
I am a straight female, always have been, but I do not have a problem with others not being. It is no ones business what goes on in someone else's pants, unless invited!! You can have a wonderful relationship with gays and lesbians, they understand, they still have 'just friends'. I had a female roommate for years when my kids were young, she was a wonderful role model and helped much more with my two BOYS then their absent father did. As a matter of fact she never met/saw him during the time we shared a home. Did my neighbors think we were 'together' ? Rita was very pretty and used to wash her car on Saturdays in a bikini, she was well endowed, the neighbor men would find a reason to dump the trash more than once on Saturdays and the women hated us.
It was no one else's business what our preference was. Can you imagine being told that you must be with someone that the sight of their body DOES NOT TURN YOU ON!! From what I have heard and seen that sounds like most straight marriages to me. I have never been bothered or harrassed by anyone but straight people. One of my best friends was a black female, ex-military non-straight. As the years have gone on I have lost track of her and my husband and I miss her greatly. We miss her smile and the great laughs we always had.
It should be against the law to even worry about such ignorance.
send green star | flag as inappropriate
why is this inappropriate?
I know it is wrong of me but I simply can not wait to see what kind of 'forced on the job sex training' the Repugnicans and Christian Taliban come up with to top or even just equal the fear mongering thay have pulled in California, Maine... And while I am sure to get a big laugh from it, the really sad and dangerous thing is it has worked everywhere but here in Washington State so far and will continue to work untill people like the spineless fierce advocate President Obama stop talking high words for political support and donations and actually stand up and do something for equal civil rights like others had to do to get them where they are, able to help or continue to stand on the necks of the LGBT community. Obama's record on political and legal actions as a fierce advocate for LGBT equal rights is more what one would expect from a pre-Civil War white southern plantation owner than some one who's parents could not legally be married in many states until 1967 and who's wife is the descendant of a slave.One should be able to expect better, but it seems from one,who looks forward not back to the point that 'America as a nation of law with no one above the law' means actively protecting American war criminals,the attitude 'I got mine to hell with you' is not much of a surprise and definately not the 'change' many Americans voted into office.
send green star | flag as inappropriate
why is this inappropriate?
Facebook account:
Photo used under the Creative Commons Attribution License, with thanks to Essygie.
Disclaimer: The views expressed above are solely those of the author and may not reflect those of Care2, Inc., its employees or advertisers.
1296564