Posted on November 8, 2007 9:00 AM by
Shanti Atkins
Based on a recent Gallop Poll, nearly 87-90% of Americans believe that gays and lesbians should have equal rights in terms of job opportunities. While states continue to expand employment law protections (see NGAL Task Force State Map of Non-Discrimination Laws) federal laws still do not expressly prohibit employment discrimination on the basis of sexual orientation. There’s also no federal coverage for gender identity, which relates to an employee’s beliefs about whether s/he is male or female. It’s an astonishing gap that puts the U.S. behind the curve on the world stage when it comes to civil rights protections.
But one legislative initiative is putting these issues front and center on the national agenda. It’s called the Employment Non-Discrimination Act. The EDNA is not a new initiative. It’s actually bounced around Congress in one form or another since 1974. And it’s been languishing for nearly a decade.
Well – the EDNA is back. And it’s making some real progress. Democrats in the House have made some compromises (and created some rifts in the bill’s supporters, as well as the gay and lesbian community) hoping to get some form of legislation passed. The revised bill, H.R. 3685, was passed by the Education and Labor Committee on October 18, 2007. The big change? The bill no longer includes gender identity. It only prohibits discrimination on the basis of sexual orientation. Some in the house believe it’s the only way to get the ENDA passed. Sure enough, on November 7, 2007, H.R. 3685 was passed by the House of Representatives by a vote of 235 to 184 (14 members did not vote).
Even though the Senate doesn’t have a companion bill, the ENDA isn’t likely to make its way through the Senate this year. Even if it did, a Presidential veto is almost a certainty, but I wouldn’t write this legislation off so quickly.
There is overwhelming public support for equal rights for gays and lesbians. I expect that this issue will stick around well into 2009. If we see a further shift of power in the next election, I predict that our federal employment laws will get a modern face lift – and we’ll catch up with the rest of the world.
In the meantime, closely scrutinize your harassment training programs, and include coverage of sexual orientation and gender identity. You may already operate in locations with existing state law protections, and your internal policies likely cover these categories, regardless of formal legal protections. And at the end of the day, you need to recognize and manage the realities of your diverse workforce. Aside from legal compliance, prohibiting discrimination on the basis of sexual orientation and gender identity is the right thing to do.