This week, the U. S. Senate took the country one step closer to ending LGBT workplace discrimination.
The U.S. Senate approved the Employment Non-Discrimination Act for the first time ever Thursday, in a 64-32 vote. The Senate previously rejected ENDA in 1996. This also marks the first time the bill has been on the floor in either the House or Senate since 2007.
Republican Senator Pat Toomey voted for ENDA. Sen. Bob Casey, who has been a co-sponsor of the bill, was not able to vote because he was with his wife, who was having surgery to repair a heart valve. Casey did however vote for the cloture.
On Wednesday, Toomey introduced an amendment to strengthen and expand the bill’s already-existing religious exemption for religiously affiliated businesses and organization. Earlier Thursday, the Senate rejected his amendment in a 55-43 vote.
But, Toomey said, despite his amendment not passing, he found it important to continue his support for the bill. But, he urged the House to keep religious freedom in mind.
“While my amendment was not accepted, I voted for final passage to help move the legislative process forward. I hope that — should the House consider this bill — it will move to improve and strengthen this measure so we can both advance equality in the workplace and protect religious liberty,” Toomey said in a statement.
The bill is expected to face an uphill battle in the Republican-controlled House.
President Obama Thursday urged House Republicans to allow ENDA to move forward.
“One party in one house of Congress should not stand in the way of millions of Americans who want to go to work each day and simply be judged by the job they do,” Obama said. “Now is the time to end this kind of discrimination in the workplace, not enable it. I urge the House Republican leadership to bring this bill to the floor for a vote and send it to my desk so I can sign it into law. On that day, our nation will take another historic step toward fulfilling the founding ideals that define us as Americans.”
On Monday, the Senate voted for cloture for the Employment Non-Discrimination Act, legislation that would protect Americans from discrimination based on sexual orientation and gender identity in public and private workplaces. Debate on the bill began the following day.
Currently, it is legal in 33 states for a worker to be fired based on his or her gender identity and legal in 29 states for someone to be fired for sexual orientation. Pennsylvania does not offer LGBT workplace protections.
The bill, which Casey co-sponsored, passed the cloture vote with support from all Senate Democrats and seven Republican supporters — including Pennsylvania’s Sen. Pat Toomey. The final vote was 61-30. Supporters needed 60 votes to achieve cloture and effectively block a potential filibuster.
Toomey, who opposes marriage equality, was pressed by local LGBT advocates through in-person visits, phone calls and electronic communications in the past few weeks. In an open letter to Toomey last week, out state Rep. Brian Sims (D-182nd Dist.) asked for his support, stating that the bill “does not create special rights, but simply includes hardworking LGBT people among the categories of Americans which the government is already protecting from employment discrimination.”
In a statement Monday night, Sims applauded Casey and Toomey for their support.
“I have long believed that civil rights cannot be a one-party issue. Sen. Casey has supported LGBT civil rights from nondiscrimination to marriage equality, and I am proud to see him continue to demonstrate that support tonight,” Sims said. “I am especially proud of Sen. Toomey who tonight confirmed to Americans across the nation that civil rights is not an issue of right and left, but an issue of right and wrong. Sen. Toomey’s vote in support of ENDA shows that a conservative ideology and support for LGBT equality are not mutually exclusive.”
Equality Pennsylvania executive director Ted Martin said he believed the grassroots work of LGBT and ally advocates helped persuade Toomey.
“After hearing from over 4,000 individual Pennsylvanians, more than 300 small-business owners and faith leaders from around the commonwealth, Sen. Toomey stood on the right side of history and against workplace discrimination,” Martin said.
ENDA has been introduced repeatedly in Congress since 1994. Sen. Jeff Merkley (D-Ore.) introduced the latest Senate version in April, and it was referred to the Committee on Health, Education, Labor and Pensions.
The committee approved ENDA in July in a 15-7 vote.
Prior to this week’s vote, ENDA hadn’t seen any major movement since a 2007 successful House vote; the Senate version that year did not come up for a vote.
Under ENDA, it would be unlawful “to fail or refuse to hire or to discharge any individual, or otherwise discriminate against an individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual’s actual or perceived sexual orientation or gender identity.”
ENDA would not apply to small businesses with 15 or fewer employees, and religious organizations would be exempt.
The House bill was introduced by Rep. Jared Polis (D-Colo.) and referred to the House Subcommittee on Workforce Protections. It is cosponsored by Pennsylvania Reps. Robert A. Brady (D-First Dist.), Matt Cartwright (D-17th Dist.), Charles Dent (D-15th Dist.), Michael Doyle (D-14th Dist.), Chaka Fattah (D-Second Dist.) and Allyson Schwartz (D-13th Dist.).
In a debate on the Senate floor before the cloture vote, Sen. Tom Harkin (D-Iowa) likened ENDA to the 1990 Americans with Disabilities Act, which he spearheaded.
Harkin added that the majority of Americans believe ENDA is already in place.
“Eight of 10 Americans already think it is the law, so let’s make those eight out of 10 Americans who think it is a law, now really know it is the law,” he said. “No one should be denied a job or opportunity to work because they are LGBT. Let’s make this is a bright day for America.”