This week, for the first time, an inclusive nondiscrimination bill was introduced in the U. S. Senate. The bill, the Employment Non-Discrimination Act, has also been introduced in the U.S. House.
Using the same language as the House version, the Senate version of ENDA would create federal protections against workplace discrimination on the basis of sexual orientation and gender identity.
The lead sponsors of the bill are Sens. Edward Kennedy (D-Mass.), Susan Collins (R-Maine) and Jeff Merkley (D-Ore.).
Included on the list of 38 sponsors are Pennsylvania Sens. Arlen Specter and Bob Casey and New Jersey Sens. Frank Lautenberg and Robert Menendez, all Democrats.
At press time, Delaware Sens. Thomas Carper (D) and Edward Kaufman (D) had not signed on as cosponsors.
At present, there are no federal laws protecting individuals from harassment based on sexual orientation or gender identity. And due to the patchwork of legal protections granted by various states and municipalities, many LGBT Americans can be fired just because they are gay or gender non-conforming.
Last year, the House passed a version of ENDA that did not include gender identity, causing a deep divide within the LGBT community. Due to the controversy, the bill was never introduced in the Senate.
Truly, it is past time for this legislation. Especially considering the current financial crisis, with unemployment at 9.5 percent, no one needs the additional burden of having to worry that he or she might be fired because of who s/he loves.
Moreover, this law would bring businesses and organizations across the country in line with the business practices of many Fortune 500 companies, who have already realized that ensuring fair employment practices makes good business sense: Employees who are comfortable in their workplaces are more productive, as they don’t have to worry about being fired for who they are.
As the business sector can be a leader in societal change (consider how businesses are leading on green efforts, compared to government regulation that has been slow in coming), it’s reasonable that full inclusion would be initiated by this sector.
As well, businesses — profit-driven or not — generally don’t embrace religious mores that would preclude protecting sexual minorities, unlike the majority of the world’s religions and even many governments around the world.