Tag: ENDA

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EEOC Ruling

So what does this recent EEOC ruling mean? It means that sexual orientation discrimination is now considered sex discrimination, because the gender of you and the gender of who you love means it’s about gender, not orientation, per se.

The first time we saw this in any significant way was when Hawaii’s Baehr v Lewin case left the door open for civil unions back in 1993 (causing, some might argue, the whole DOMA movement at the federal and state levels).

This EEOC ruling is *not* binding in courts, but the EEOC investigates a lot of workplace cases and the courts, in turn, often defer to EEOC rulings precisely because the EEOC has more experience and expertise as their mission is to uphold the Civil Rights Act of 1064.

NCTE adds:

The argument that gender identity, but not sexual orientation, is already covered by Title VII and other sex discrimination laws has sometimes been asserted as a reason to cut gender identity out of LGBT nondiscrimination bills at the state or local level. In fact, all forms of anti-LGBT nondiscrimination are inherently gender-based—and yet we still urgently need legislation to make clear beyond doubt, once and for all, that LGBT people are protected. The EEOC’s underscores that the entire LGBT community is in the same boat in that regard.

Which is NCTE’s way of saying that the EEOC ruling may help, but it does not (yet) invalidate the need for ENDA.

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Obama Adds Protections

President Obama will sign executive orders to grant employees working for federal contractors and federal workers freedom from discrimination based on sexual orientation or gender identity.

That is, he’s doing what Congress – the House, specifically – has not done by not yet having passed ENDA.

U.S. Sen. Tammy Baldwin, D-Wisconsin, praised Obama for “showing strong leadership taking this historic action to advance equality in our country.”

But, Baldwin emphasized, Congress still must act. “The fight to pass on to the next generation an America that is more equal not less does not end with the president’s signature,” she said. “We have more work to do. Every American deserves the freedom to work free from discrimination and last year the Senate found common ground, passing the Employment Non-Discrimination Act with strong bipartisan support. I will continue to call on the House to put progress ahead of politics and give the Senate-passed ENDA an up or down vote because this legislation provides workplace protections that millions more Americans need and deserve today.”

I’m not convinced Congress will act, however, so at least there’s something in place now.

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Appleton’s Non Discimination Ordinance

appleton NDO 2014Last night, the city of Appleton, WI passed a non discrimination ordinance that is inclusive of gender identity and expression. It passed the City Council 12-2, with awesome work by staff, council members, and Fair Wisconsin, and by my wife, who is not always thrilled about having to come out to people but does because it’s important.

It’s pretty damn cool to wake up & realize that I got to be part of getting more people a fair shake, especially those most vulnerable to discrimination.

Appleton is only the third city in the state to manage it (Milwaukee & Madison were first, of course).

What’s even more interesting is to wake up and read another column calling for NYS to get its act together and pass an inclusive GENDA. The Federal Government hasn’t managed it yet, either.

So yay for Appleton! It’s a pleasure being able to assist a city that is so clear on wanting to communicate a welcoming environment for all.

(& Yes, this is what I do for fun around here.)

 

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ENDA Again?

So it looks like ENDA may come to a vote early next week – according to Harry Reid.

The bill is unlikely to gain much traction in the Republican controlled House, but could provide Democrats with another opportunity to paint the GOP as out of step with most Americans by obstructing a bill aimed at ending workplace discrimination on the basis of sexual orientation and gender identity.

Sign NCTE’s online petition.

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Mark Pocan (D-WI) on ENDA and ExxonMobil

Pretty simply put with a lot of useful information about why ExxonMobil is the exception and not the rule and need to get out of the way of this important American legislation.

Mark Pocan is gay, out, and is now filling the position recently vacated by Tammy Baldwin when she became the first out LGBTQ Senator.

Here’s a 7 minute video of personal stories about the importance of this legislation. Even though it is specifically about West Virginia, it makes the point for many states without this kind of basic protection.

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ENDA Update

Finally, someone new to take on ENDA!

A Colorado congressman who’s set to become the most senior openly gay member of the U.S. House is pledging to take the lead on perhaps the most high-profile piece of pro-LGBT legislation: the Employment Non-Discrimination Act.
 
Rep. Jared Polis (D-Colo.) said during a Washington Blade interview on Tuesday that he intends to become the chief sponsor of ENDA following the retirement of gay Rep. Barney Frank (D-Mass.), who’s championed the bill since 2007.
 
“I plan on introducing the Employment Non-Discrimination Act in the next session,” Polis said. “Across our country, gays and lesbians face discrimination in the workplace and lose their jobs and their livelihood. It’s wrong and it’s got to end. People shouldn’t be fired in this country just because of who they date in their private life.”

Continue reading “ENDA Update”

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ENDA Again

Gay City News has an interesting article on the possibility of ENDA being passed be Executive Order. Mara Keisling of NCTE gets cranky about it, & rightfully so. But it’s an interesting idea, & might especially be interesting to those of you who like somewhat obscure US history:

Nan Hunter, the associate dean for graduate programs at Georgetown Law School who is also the legal scholarship director at the Williams Institute, explained that the president’s authority to issue such an order derives not from existing nondiscrimination law, but rather from the Federal Procurement Act, in his role, essentially, as “the CEO” of the US government. Precedent for such an exercise of power dates back 70 years –– more than two decades prior to the 1964 Civil Rights Act –– to a Franklin D. Roosevelt order regarding racial nondiscrimination by Defense Department contractors as the nation ramped up for World War II.

One key factor about such executive orders –– as distinct from nondiscrimination laws –– is that they do not create a private right of civil action for bias victims. Enforcement is carried out by the Labor Department’s Office of Contract Compliance, which she said has been an effective agent for civil rights protections under administrations friendly to the underlying goal. Regardless of a particular president’s enforcement diligence, however, most government contractors take seriously their obligations under existing orders and regulations, Hunter said.

Still, nothing has happened yet, & it looks like it won’t until after Election Day.

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Anti-Non-Discrimination, or Legal Discrimination

What the hell is going on in this country? While I find most of my students are surprised – and appalled – that there is no federal non-discrimination legislation that includes LGBTQs, states are now passing amendments to prevent any cities or towns in that state from passing any.

That is, states are passing legislation that makes it illegal to protect LGBTQ people from discrimination.

What?

Bill Headed to Vote in State Senate Would Gut Nashville’s Anti-LGBT Discrimination Ordinance

In a letter to Tennessee state Senators, TLDEF and the Tennessee Transgender Political Coalition (TTPC) raised concerns about the constitutionality of a proposed bill that would make it unlawful for any city or town in the state to pass a law protecting lesbian, gay, bisexual or transgender Tennesseans from discrimination. If this sounds familiar, it should. We recently faced a similar bill in Montana.

Senate Bill 632 – which today passed the Senate State and Local Government Committee by a vote of 6-3 – would strike down local legal protections from discrimination for lesbian, gay, bisexual and transgender Tennesseans, and would make it impossible to pass such protections in the future. It previously passed the House of Representatives (where it was known as House Bill 600) on April 25 by a vote of 73-24. It is expected to be voted upon in the full Senate shortly.

On April 5, 2011, the Nashville and Davidson County Metropolitan Council passed an anti-discrimination ordinance which bars the Nashville government from doing business with any entity that does not prohibit discrimination in employment against LGBT workers. Mayor Karl Dean signed it into law three days later. SB 632 was immediately rushed through the Tennessee House of Representatives by opponents of Nashville’s anti-discrimination ordinance. Their goal was to strike down Nashville’s ordinance and ensure that no city or town in Tennessee could ever enact a law protecting LGBT Tennesseans from discrimination again.

SB 632 is motivated by bias, which is a constitutionally impermissible basis for legislation. It would deprive LGBT Tennesseans of their right to participate in the political process and seek help from their local governments. It would turn lesbian, gay, bisexual and transgender Tennesseans into strangers to Tennessee’s government and would violate constitutional guarantees of equal protection under established United States Supreme Court precedent.

“Tennesseans have spoken through their local governments and have stated clearly that they want to protect lesbian, gay, bisexual and transgender Tennesseans from discrimination,” said TLDEF executive director Michael Silverman. “Lesbian, gay, bisexual and transgender Tennesseans want the same right to live and work free from discrimination that everyone else enjoys. It is unconstitutional for Tennessee to target them by taking away their right to pass local laws that protect them from the discrimination that they face in the cities and towns where they live,” he added. “Tennessee must treat all Tennesseans equally. It violates the Constitution when it closes its doors to lesbian, gay, bisexual and transgender Tennesseans simply because some people do not like them.”

“This bill is blatantly discriminatory,” said TTPC President Dr. Marisa Richmond. “It is an attempt to deny basic rights to lesbian, gay, bisexual and transgender Tennesseans and we hope that the Senate will defeat it when it comes up for a vote.”

I’m really starting to wonder if I live in the US anymore. This kind of thinking seems antithetical to what I was always taught was American.

We need a national ENDA, and we need one with teeth.

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ENDA Returns

As if my days aren’t heady enough living in Wisconsin, it turns out that ENDA is about to be introduced in DC. It’s not expected to pass, however.

But the general consensus among Capitol Hill observers is that passage of any pro-LGBT legislation, including ENDA, will be a significant challenge for at least two years with Republicans in control of the U.S. House. Last year, Frank told the Blade there would be “zero chance” for the passage of any legislation that would directly benefit the LGBT community.

Still, Frank said introduction of the legislation is important to educate the public and members of Congress, especially on the transgender protections included in the bill.

“It’s important to introduce it to give people a chance to lobby their members on it,” Frank said. “Having a bill there encourages people to lobby their members. Particularly, we need people to do more lobbying and educating on the transgender issue, and so having a bill there is a very important part of getting the votes ultimately to be able to pass it.”

(boldface mine)

Honestly, I never expected Rep. Frank to be behind a version that included trans protections; like many (but not all) gay men of his age, he really didn’t seem to get the trans thing at all. (I have no doubt that Diego Sanchez has been educating him from the elbow these past couple of years, either.)