5/1/07 6:45 AM

Bill Banning Sexual Orientation Bias Introduced in House

By Bill Leonard

Legislation to prohibit workplace discrimination based on sexual orientation and gender identity was introduced in the House of Representatives on April 24. The Employment Non-Discrimination Act of 2007 (ENDA) adds to the growing list of employment-related bills Congress is considering.

Democrats first introduced the act in 1994. In 1996, a similar bill missed approval by one vote in the Senate. However over the past few years, the measure did not have any traction in the Republican-controlled Congress.

Some political analysts say that the current version of ENDA (H.R. 2015) has the best chance of passing both houses of Congress since the mid-1990s. Some Democratic leaders had vowed during the 2006 election campaign that ENDA would be reintroduced and passed this year. A Senate version of the bill could be unveiled before Memorial Day, sources say.

The House bill does have bipartisan support, with 32 co-sponsors, including some prominent Republicans in the House, such as Rep. Christopher Shays, R-Conn., and Rep. Deborah Pryce, R-Ohio. Because the Democrats hold the majority in both houses of Congress, the odds of ENDA moving and gaining approval have improved drastically, political observers say.

“This legislation is first and foremost about fairness—about allowing all Americans to pursue their right to earn a living. Workplace discrimination of any kind is wrong, period. Yet, in 33 states, it is legal to fire an employee based solely on the basis of his or her sexual orientation,” said Pryce in a written statement.

Business groups such as the Society for Human Resource Management (SHRM) agree that a person’s employment should be based on his or her work performance and ability to do the job and not on outside or private factors such as sexual orientation or gender identity. Still, some business groups are concerned with several provisions in ENDA that could further complicate workplace privacy laws and affect some rules and regulations that govern the Employee Retirement Income Security Act.

“We want to make sure that the legislation is fair to employees and employers alike,” said Michael Aitken, director of governmental affairs for SHRM. “We will be working with key members of Congress and their staffs to address these issues and voice the concerns of employers.”

Possible Election Issue

Although ENDA isn’t a top priority in Congress, several presidential candidates have made their positions clear—showing that gay, lesbian, bisexual and transgender (GLBT) rights could become a hot election issue.

The consensus Democratic frontrunners, Sen. Hillary Rodham Clinton of New York and Sen. Barack Obama of Illinois, have announced their support for passage of ENDA. Former Massachusetts governor and now GOP presidential candidate Mitt Romney, however, reversed his position on supporting GLBT rights by saying he opposed ENDA because there was no “need for any new or special legislation.”

“My experience over the past several years as governor has convinced me that ENDA would be an overly broad law that would open a litigation floodgate and unfairly penalize employers at the hands of activist judges,” Romney said.

While ENDA has been introduced in Congress several times, this is the first time that the bill includes a provision protecting transgender workers. Advocates for transgender rights hailed the provision as a victory and recognition of the growing number of companies that include transgender policies in their diversity programs.

According to data from the Human Rights Campaign (HRC), 86 percent of Fortune 500 companies include sexual orientation in their corporate non-discrimination policies. The HRC claims that 125 of those companies also have gender identity employment policies.

“ENDA reflects non-discrimination policies already in place at major corporations like AT&T, Raytheon and Xerox,” said Rep. Shays in a written statement. “In my judgment, this is common-sense legislation. Working men and women should be judged on the basis of their performance at work. They should not have to fear being fired because of their sexual orientation.”

Bill Leonard is senior writer for HR News.

Related Articles:

Transgender Issues Could Push Diversity Envelope for Some Employers, SHRM Online Diversity Focus Area Library, April 19, 2007

HR-related issues top Democrats’ agenda in Congress, HR News, Jan. 4, 2007

Ohio: Cincinnati Bars Sexual Orientation, Transgender Bias, SHRM Online Workplace Law Focus Area, May 13, 2006

Is It Time To Add Gender Identity to Your EEO Policy?, SHRM Online Diversity Focus Area Library, May 2006

Kentucky No Longer Bars Bias Based on Sexual Orientation, HR News, April 26, 2006

For the latest HR-related business and government news, go daily to www.shrm.org/hrnews.