The following is a guest post by Rev. Dorothy Chaney, a licensed Baptist minister in Miami and a member of People For the American Way’s African American Ministers in Action.
I have lived in Florida all my life, but here’s something I didn’t always know: in my state, you can be fired for being gay.
It’s true – although most of us don’t realize it. Here in Florida, we lack both a state and federal law protecting gay, lesbian, bisexual, or transgender (LGBT) employees from workplace discrimination. That means that even if you are the most dedicated employee – always on time, always going that extra mile – you can still be fired because of who you are or who you love.
That’s not right.
Why? First of all, because ensuring that all of us have the opportunity to provide for our families is a core American value. Passing a bill in Congress called the Employment Non-Discrimination Act would help make sure that LGBT workers across the country are protected from workplace mistreatment. It’s simple – if you work hard, you shouldn’t be fired because of attributes that have nothing to do with your work performance.
Second, my religious beliefs mean I am dedicated to supporting those in need. As Bishop Gene Robinson pointed out in 2011, “The scriptures of the Old and New Testaments are filled with admonitions that we will be judged by the way we treat our most vulnerable members.” He wrote that we are “morally bound” to take care of those who are marginalized, such as LGBT Americans.
He’s right. As a Christian minister, I have worked for many years to lift up those most vulnerable in our communities, from counseling women facing unplanned pregnancies to speaking out in support of those needing access to health care. I have come to see that in order to continue my work for justice, I also need to speak out in support of employment protections for LGBT members of my community. Though faith traditions and leaders may have differing beliefs about sexuality, surely we can agree that every person should be treated with dignity in their place of work. Every person should be able to be open about who they are without fearing for their job.
Finally, not only is passing ENDA the moral thing to do, it’s also the popular thing to do. That’s true here in Florida and also across the country. New polling estimates that more than 60% of Floridians support ENDA.
Unfortunately, those who don’t support these protections are using dishonest arguments to try to mislead the public about the legislation. Tony Perkins of the Family Research Council, for example, has claimed that if ENDA is passed, “Our freedom of religion will be destroyed.” This is certainly not true. The ENDA bill even carves out a specific exemption so it will not apply to religious corporations, societies, associations, and schools. The fact is, it goes the extra mile to protect religious liberty, and it is supported by a broad array of religious groups. The bottom line is that ENDA is in no way an attack on religious liberty any more than existing anti-discrimination laws are.
Others are using repugnant arguments in an attempt not just to defeat the bill, but to attack and malign LGBT members of my community. Last year, Andrea Lafferty of the Traditional Values Coalition went as far as using the Newtown tragedy in a misguided attempt to turn public opinion against ENDA. Referencing a school district anti-discrimination policy in nearby Orange County, Florida, Lafferty argued that while parents are concerned about “protecting our children” in the wake of the Newtown shooting, they should be worried about ENDA’s “devastating effects” as “people with some real issues [play] out their personal problems in the classroom.” These kinds of lies about our LGBT neighbors underscore why the discrimination protections are needed in the first place.
It is my hope that all of our elected officials will choose to stand on the side of pro-equality majorities rather than with those pushing hurtful lies about LGBT Americans. I was heartened to see that Sen. Nelson has signed on as a cosponsor. Now it’s time for Sen. Rubio to step up to the plate, as well.
Because at the end of the day, discrimination is discrimination. It has no place in our hearts and no place in our workplaces.
An “overwhelming majority” of Americans support federal legislation protecting LGBT people from workplace discrimination, new data from Republican pollster Alex Lundry finds – including a majority (56%) of Republican voters. In fact, the Employment Non-Discrimination Act (ENDA) is so in keeping with basic American values that eight in ten people think that it is already on the books, according to the poll.
An innovative statistical modeling method…allows us to estimate support for ENDA in all 50 states by combining data from our national survey with state level census data. The result? We estimate that across all 50 states a majority of voters support passing federal nondiscrimination protections.
Politico’s Maggie Haberman writes that the new data comes as Senate Majority Leader Harry Reid seeks more Republican support for the bill and as advocates urge Congress to move it forward this fall.
As we have noted in the past, passing ENDA is simply common sense. Employees should be evaluated on how well they do their job, not on who they are or who they love. And as poll numbers increasing show, Americans from all parts of the country of all political stripes agree.
Last Tuesday Delaware Governor Jack Markell wrote that in his state, it is high time “our laws reflect our values.” The bill in question was the Gender Identity Nondiscrimination Act of 2013, which adds gender identity to the state’s hate crime prevention and non-discrimination laws. As Gov. Markell pointed out,
“Under our State's laws, it is currently legal to fire someone, deny them housing, or throw them out of a restaurant simply because they are transgender. This is simply not the Delaware way…”
And it’s not the American way. With bipartisan support in the state House and Senate, the bill passed the Delaware legislature and was signed into law by Gov. Markell Wednesday evening, making Delaware the 17th state with an employment non-discrimination law covering gender identity in addition to sexual orientation.
This is a profound victory for transgender Delawareans like Jay Campbell, who has so far felt unable to come out in his workplace. Campbell told the News Journal of Wilmington earlier this month,
“Without basic protection from discrimination, I can’t afford to tell my employer. I can’t obtain health coverage for the fear I’ll be outed and fired.”
Campbell shares this concern with other transgender – as well as lesbian, gay, and bisexual – people across the country. In the majority of U.S. states, it remains legal to fire someone for being LGBT. This means that far too many people find themselves forced to choose between risking their livelihoods and undertaking the painful work of hiding who they are, day after day.
Today’s victory in Delaware underscores the need for employment protections for LGBT workers in every state through the Employment Non-Discrimination Act. This common-sense solution would help ensure that employees like Campbell are judged by how well they do their job, not by who they are or who they love.
Yesterday afternoon the Delaware Senate passed a historic civil rights bill adding gender identity to the state’s hate crime prevention and non-discrimination laws. Despite damaging lies about transgender Americans pushed by organizations like Focus on the Family and the Delaware Family Policy Council, the state Senate approved the bill in an 11-7 vote.
Sarah McBride of Equality Delaware said,
“The Senate vote today inspired a lot of hope in me and I’m sure that’s true for many other transgender people across Delaware. It was inspiring to see a majority of the Senators stand up for a group that has seen disproportionate levels of discrimination and violence.”
If enacted, Delaware will become the 17th state with an employment non-discrimination law that covers gender identity in addition to sexual orientation.
Our society is one which remains afflicted by institutionalized discrimination. Although most Americans believe protections already exist, it is still perfectly legal to fire someone for being lesbian, gay, or bisexual in 29 states, and for being transgender in 34.
Indeed, a new report released Tuesday by the Movement Advancement Project, the Center for American Progress, the Human Rights Campaign, and others provides a comprehensive synthesis of the wealth of evidence documenting the inequalities faced by LGBT workers. Titled “A Broken Bargain: Discrimination, Fewer Benefits and More Taxes for LGBT Workers,” the report presents extensive documentation of bias in the recruitment process, of hostile work environments, of persistent wage disparities as compared to non-LGBT employees, and of dramatically reduced access to health insurance, family and medical leave, retirement benefits, and disability and survivor benefits – despite paying higher taxes due to the inability of LGBT households to file jointly.
The impact on families is devastating. According to the report, inequality when looking for jobs, inequality on the job, and inequality in benefits received from jobs combine to make LGBT parents twice as likely to live near the poverty line when compared to non-LGBT counterparts.
Left to right, seated at panel: Bill Hendrix, Nicole G. Berner, Dorian Warren,Sam Hall, Mia Macy, T.J. Maloney. Photo of release event at Center for American Progress.
While the Equal Employment Opportunity Commission recently found that existing Title VII law covers gender identity, courts are not required to give any deference to its legal interpretations, so legislation is required. Such a bill to guarantee much-needed federal employment protections for LGBT people was recently introduced in the 113th Congress. Known as the Employment Non-Discrimination Act (ENDA), the bill has been introduced in nearly every Congressional session since 1994, and the fight for basic workplace equality continues to the present day.
Further, corporate America knows that ENDA is good for business. As Senator Jeff Merkley (D-OR) said Tuesday morning at the release event for the report,
“When we asked employers about this, many of them said, ‘well, isn’t it already illegal’? … In our Fortune 500 companies, over 400 have policies addressing LGBT discrimination, and well over half have addressed gender identity. In the 21 state laboratories in which this has been implemented, there has been no concern over [costs to business caused by] additional lawsuits … they are a small percentage of all lawsuits to do with gender, religion, and race. This is a non-issue.”
Passing ENDA, then, would not only help alleviate discrimination faced by LGBT workers, but would also help businesses attract the best qualified employees possible. As Bill Hendrix from Dow Chemical said at the event,
“It’s hard enough already to find good people to fill jobs. Why would you begin by excluding parts of the population?”
Today, for the fourteenth time, Exxon Mobil shareholders voted down a resolution supporting an LGBT-inclusive equal employment opportunity statement. With 94% of the largest companies in America already prohibiting sexual orientation-based discrimination and 78% prohibiting gender identity-based discrimination, Exxon Mobil is way behind. Exxon has even gone out of its way to avoid implementing this type of policy. Though Mobil Oil had non-discrimination policies in place protecting workers on the basis of sexual orientation, Exxon rescinded them over a decade ago when they bought the company.
Exxon Mobil’s refusal to change their outdated policy underscores the need for employment non-discrimination laws that protect LGBT workers. Though most Americans believe that LGBT employees are already protected, in much of our country employers can still fire someone because of who they are or who they love.
PFAW Communications Director Drew Courtney recently pointed out that on the question of whether it’s okay to fire someone for being LGBT,
“few Americans still think that’s a live question. Overwhelming majorities of Americans support the passage of the Employment Non-Discrimination Act (ENDA), which would make it illegal to fire someone for being gay or transgender.”
But Exxon Mobil hasn’t yet gotten that memo.
In much of our country, employers can legally fire someone simply because they are lesbian, gay, bisexual, or transgender. It’s something most Americans don’t realize. It’s also something most Americans believe is wrong.
Today a bill designed to address that kind of discrimination, the Employment Non-Discrimination Act (ENDA), is expected to be reintroduced in both the House and the Senate. This important civil rights legislation would expand current federal employment protections against discrimination – such as those based on race, religion, gender, national origin, age, and disability – to include sexual orientation and gender identity. It is a common-sense measure that would help ensure that employees are judged by their qualifications and work performance rather than their sexual orientation or gender identity.
“Hardworking Americans should not be kept from supporting their families and making a positive contribution to the economic life of our nation because of characteristics that have no bearing whatsoever on their ability to do a job…Only 21 states’ laws prohibit discrimination in employment based on sexual orientation, and only 16 also do so based on gender identity, meaning that it is legal to fire members of the LGBT community in 29 and 34 states, respectively. ENDA prohibits discrimination based on sexual orientation and gender identity in most workplaces. The time has long since come to end this injustice for LGBT Americans and pass ENDA.”