WASHINGTON, June 24 — The National Gay and Lesbian Task Force Action Fund applauds today’s introduction of the Employment Non-Discrimination Act (ENDA), which would protect against workplace discrimination based on sexual orientation and gender identity. The measure was introduced by Rep. Barney Frank (D-Mass.).

The Task Force was the first national organization to advocate for federal nondiscrimination protections when it worked with then-U.S. Reps. Bella Abzug and Ed Koch to introduce a sweeping bill in 1974. The Task Force has also played a leading role in ensuring ENDA is explicitly inclusive of transgender people. The Task Force vowed a decade ago to oppose the legislation if it did not include protections based on gender identity. Learn more about the Task Force’s long history working on this issue.

Statement by Rea Carey, Executive Director
National Gay and Lesbian Task Force Action Fund

“Today marks a critical milestone for our community and our country. Introduction of this important legislation signals the beginning of the end of a long-fought battle. For decades, a majority of people in this country have supported protecting their friends, family and neighbors from discrimination. Congress must act, at long last, this year.

“Passage of this critical legislation would help ensure that people are allowed to participate on a level-playing field in the workplace. ENDA reflects our country’s core values of fairness and equality. It is immoral to deny lesbian, gay, bisexual and transgender people the ability to earn a livelihood and provide for their families. People should not have to fear losing their job simply because of their sexual orientation or gender identity.

“We are pleased that President Obama has expressed support for this legislation and expect the administration to play a role in assisting with its passage in both the House and Senate.”

Anything less than full inclusion is unacceptable.  Accordingly, the Employment Non-Discrimination Act (END) as currently proposed, cannot be accepted, supported or promoted by Indiana Equality.

It has become evident that adding LGBT persons to local and state civil rights laws is not only possible but crucial.  Adding only the right to employment at the Federal level will do little to protect the civil rights of all citizens.

It is the beginning of a new era, and many state organizations have proven that ‘better’ is attainable.  Just as the Reverend Martin Luther King, Jr. fought for full civil rights inclusion, LGBT persons must expect full protections and rights.

A Realistic View of ENDA

Clearly, ENDA doesn’t make us equal – rather, it creates a new form of segregation.  It does not provide protections in housing and public accommodations.  There are no protections for LGBT children in the public schools where administrators continue to turn a blind eye to harassment and brutality.  With ENDA, we are only marginally protected in the workplace.

LGBT citizens have a unique opportunity today to secure full civil rights protections. Thus, Indiana Equality believes that:

• State level efforts to have fully inclusive civil rights language added to state codes could be adversely affected if ENDA, as currently proposed, was to be enacted
• Incrementalism on civil rights has rarely succeeded
• LGBT people are de facto second-class citizens, but a bill to secure only one civil right for us would treat us, de jure, as different from any other minority–and effectively second class
• We now have an unprecedented opportunity to push for full civil equality, protecting our individual liberties and our families in the areas of employment, housing, education, and public accommodations
• Creating a separate coverage for sexual orientation and gender identity/expression sends the message that these classifications are somehow less worthy than others of protection and support

Indiana Equality urges a national discussion regarding of the need for full inclusion in the federal Civil Rights Act.  What we need is what we should seek.

Transgender people face pervasive discrimination in every area of life. Transgender people are often rejected by families, harassed and kicked out of school, and discriminated against in daily life in supermarkets, malls, on public transportation, etc. Although all of these problems are terrible, the most acute need for transgender people is anti-discrimination protections in the workplace. When a transgender person loses a job and can’t find another one due to additional discrimination, they can become homeless, are unable to provide for their families, and can end up on state-sponsored welfare programs.

Laws and Policies Protecting Transgender People From Discrimination

A growing number of states and localities prohibit discrimination against transgender people, yet coverage remains spotty and laws are often not enforced. Nationally, 37% of the U.S. population lives in a jurisdiction that prohibits gender identity discrimination. In comparison, sexual orientation protections cover 51% of the country. Currently, there are trans-inclusive laws in 12 states and more than 90 local jurisdictions, including Iowa, Colorado, and Oregon which passed this year.

Corporate America and Transgender Employees

Corporate America has been voluntarily adopting nondiscrimination policies including gender identity. Over 150 Fortune 500 companies have done so thus far; most cite the twin goals of recruitment and retention of talented and experienced employees as the reason. Businesses have shown they are able to comply with non-discrimination policies and laws. When an employee informs a supervisor of plans to transition, there are straightforward actions an employer can take to make the transition smooth and successful for both parties. Issues like bathrooms and dress codes are less complicated than some might imagine. Businesses that have decided to treat their transgender employees well, and not discriminate against them, easily work these issues out. On the other hand, businesses who want to discriminate often disingenuously point to these issues as insurmountable. The Baldwin amendment includes language dealing specifically with dress codes and shower/dressing facilities that ensures businesses will not be burdened by this law.

Public Support for Transgender-Inclusive Discrimination Laws

According to numerous surveys, over 60% of likely voters in the U.S. support a transgender-inclusive federal employment non-discrimination law. Polling data from 2006 shows that voters are more likely to support a candidate who votes for an LGBT discrimination law than they are to vote against. There is also state-specific polling data. In New Jersey, for example, voters supported state legislation to add gender identity protections with a high margin: 70%-19%.

The ENDA the LGBT Community Demands

The LGBT community is unified in its support of restoring the gender identity language in ENDA. Since the sexual orientation-only ENDA (H.R. 3685) was introduced on September 27 this year, already over 340 LGBT and allied organizations formally took a stance of opposition to the legislation. Not one LGBT organization has endorsed H.R. 3685. Passage of the Baldwin amendment would restore LGBT support for ENDA.

• It is unprecedented for Congress to pass civil rights legislation that is not supported by a single organization in the community the law is supposed to protect. Over 300 LGBT organizations representing over 2 million Americans actively oppose any employment nondiscrimination legislation that does not include gender identity.
• HR 3685 does NOT provide sufficient protection against discrimination for lesbian, gay, bisexual, and transgender Americans. Not only does this bill completely fail to protect transgender people, but it also fails to protect lesbians, gay men, bisexual, and straight people who do not conform to gender stereotypes.
• HR 3685 is morally and strategically wrong. Not only is it morally wrong to leave part of the LGBT community out of this bill, but it is also strategically wrong. We have learned from our work in the states that it is far easier to include gender identity in civil rights legislation the first time it is passed than it is to try to go back and add it in later.

Trends Regarding Support for Trans-Inclusion

• All major national LGBT organizations, including HRC (see vote by Board of HRC documented on HRC’s home page and here ), have now signed on to only support trans-inclusive ENDA.
• Over 90 state level LGBT and allied organizations, covering more than 42 states, have also signed on to the statement urging congress to not divide our community and keep ENDA in its trans-inclusive form.
• The rationalization that we can add gender identity later, consigns transgender people to second-class citizenship on average for more than 10 years.
• Conversely, the rate of passage of laws including both sexual orientation and gender identity from the outset has grown exponentially over the last 5 years.

Basic Facts

• 13 States plus the District of Columbia provide basic civil rights based on Sexual Orientation and Gender Identity or Expression – California, Colorado, Hawaii, the District of Columbia, Illinois, Maine, Minnesota, Iowa, New Jersey, New Mexico, Rhode Island, Vermont, Washington, and Oregon.
• 7 additional states provide basic civil rights based on Sexual Orientation – Connecticut, Maryland, Nevada, New Hampshire, New York, Rhode Island, and Wisconsin.
• Over half (52%) of the US population
  • will live in jurisdictions that prohibit discrimination based on sexual orientation.
• Over a third (37%) of the US population
  • will live in jurisdictions that prohibit discrimination based on sexual orientation and gender identity.
• Existing Laws on the Books in Indiana: Tippecanoe County and the cities of Fort Wayne, Lafayette, Michigan City, Terre Haute, and West Lafayette prohibit sexual-orientation discrimination in both private and public employment. Marion County and the cities of Indianapolis and Bloomington provide civil rights protections inclusive of both sexual orientation and gender identity.
• By Executive Order of Governor Mitch Daniels, the State of Indiana prohibits discrimination based on sexual orientation and gender identity in public employment.

General ENDA Talking Points

• Qualified, hardworking Americans are denied job opportunities, fired or otherwise discriminated against for reasons that have nothing to do with their performance and abilities.
• Employment discrimination based on sexual orientation or gender identity and expression, whether such orientation is real or perceived, effectively denies qualified individuals equality and opportunity in the workplace. Those who experience this form of discrimination have no recourse under current federal law or under the Constitution as it has been interpreted by the courts.
• Employment discrimination strikes at a fundamental American value — the right of each individual to do his or her job and contribute to society without facing unfair discrimination. Fairness in the workplace has been recognized as a fundamental right protected under federal law.
• Currently, federal law provides basic legal protection against employment discrimination on the basis of race, gender, religion, national origin or disability, but not sexual orientation or gender identity and gender expression.