Legislation (S.1284) that would prohibit workplace discrimination on the basis of sexual orientation was the subject of a February 27 hearing by the Senate Health, Education, Labor, and Pensions Committee.
The Employment Non-Discrimination Act (ENDA) would extend the existing employment protections based on race, religion, gender, age and disability to sexual orientation. ENDA would not apply to small businesses with fewer than 15 employees, to religious organizations, the military, and volunteer organizations. Additionally, ENDA would prohibit quotas and affirmative action, would not require benefits for domestic partners, and would bar the Equal Employment Opportunity Commission from gathering statistics on sexual orientation.
Committee Chair Edward Kennedy (D-MA) called discrimination “a stain” that has been around since the Constitution was written. “We have made great progress against discrimination on the basis of race, religion, gender, and age,” but “discrimination against gays and lesbians is one additional area we need to address,” he said, and added, “ENDA is the next step in guaranteeing basic civil rights to all employees.”
Sen. Susan Collins (R-ME) also expressed support for ENDA. “The key issue is how to best promote acceptance of non-discrimination in the workplace,” she said. “Some states, including Maine, have rejected legislation such as ENDA three times.” She asked, “If we impose a federal law, an unwanted edict from Washington, are we going to advance the cause by passing this law?”
All of the witnesses on the two panels before the committee, including representatives from the business and labor communities, expressed support for ENDA and urged its passage. Charles Gifford of FleetBoston Financial Corp. told the committee, “The lack of workplace protections based on sexual orientation leaves a gap in America’s commitment to equal opportunity and is an invitation to the perpetuation of stereotype and prejudice.”
He added, “I urge the Congress to come together and see to it that discrimination against gays and lesbians in the workplace will soon be viewed an unacceptable relic of another time.”
Small-business owner Lucy Billingsly said that ENDA would “give businesses the right focus.” She stated, “Some might voice concern that adding federal workplace protections for gays and lesbians will be a costly burden to America’s small business owners. But actually, not doing so would be the more costly route.” She added, “Inclusive workplace policies can improve recruitment and lower turnover, boost productivity and lead to business opportunities.”
It is highly unusual “for a company to support legislation that invites further federal regulation of our business,” Robert Berman of Eastman Kodak Company told the committee. “However, Kodak believes that protection against discrimination because of one’s sexual orientation is a basic civil right,” he said. “This issue is so fundamental to core principles of fairness that we believe the value of federal leadership outweighs concerns we might otherwise have about federal intervention with our business,” he added.
Mr. Berman also praised Congress for making changes to the legislation that addresses some of the concerns of business, such as “specifically stating that business does not have to provide domestic partner benefits” and “making clear that the goal here is to have individuals judged on merit rather than prejudice or stereotype.”
Representing the labor community, Richard Womack of the AFL-CIO testified that only 12 states have adopted employment non-discrimination laws that cover sexual orientation. “It is still legal to fire working men and women in 38 states because of their sexual orientation,” he said and added, “Enacting this law is a matter of basic fairness and justice.”
Other witnesses included Lawrence Lane from Long Island, New York who shared his personal story of job discrimination based on sexual orientation, and Matthew Coles of the American Civil Liberties Union.
