The Human Rights Campaign urged the Senate to act quickly and
vote on the Employment Non-Discrimination Act following the February 27th hearing on
the bill in the Health, Education, Labor and Pensions Committee. The hearing
featured testimony in support of ENDA by executives representing some of the
most prestigious corporations in America, says HRC.
If passed, ENDA would ensure that gay and lesbian Americans have
equal rights in the job market and workplace. Specifically, it would bar
employers from using a person's sexual orientation as the basis for
employment decisions, including hiring, firing, promotion or compensation.
"As long as tens of thousands of people go to work each day with fear in
their hearts, our nation fails to live up to its promise of basic fairness
for all," said Elizabeth Birch, HRC's executive director. "We must
consciously choose to mold an America where each person's contributions are
respected and where everyone is allowed to work with dignity. We look
forward to a mark-up on ENDA in committee soon and a Senate vote as promised
by Sen. Daschle before the end of the session."
The hearing consisted of two panels. The first highlighted corporate and
labor support for the legislation. Business leaders and sixty-five
companies, including twenty-nine major corporations have endorsed ENDA. The
second panel featured, Matthew Coles, a civil rights attorney with the ACLU
who answered legal questions from the committee about ENDA, and Lawrence
Lane of Long Island, N.Y., who told his personal story of discrimination in
the workplace.
FleetBoston President and CEO Charles K. Gifford testified that
passing ENDA is about promoting equal opportunity and eliminating
discrimination.
"The lack of workplace protections based on sexual orientation
leaves a gaping hole in America's commitment to equal opportunity and is an
invitation to the perpetuation of stereotype and prejudice," Gifford told
the committee. "I urge the Congress to come together and see to it that
discrimination against gays and lesbians in the workplace will soon be
viewed as an unacceptable relic of another time."
Eastman Kodak Company's Robert Berman, director of human resources
and vice president, testified that passing ENDA is a matter of extending
fairness and equality to all citizens.
"ENDA embodies the values already contained in Kodak's corporate
values, our non-discrimination policy, as well as the principles intrinsic
to our nation's fundamental civil rights laws," Berman testified. "The
Employment Non-Discrimination Act is a logical extension of the fundamental
value of fairness to an area that has been neglected for far too long."
Lucy Billingsley is a life-long Republican and a founder and partner
of the Billingsley Co., which employs 30 people and manages a broad range of
real estate activities in Texas. At today's hearing she testified how ENDA
is good for small businesses.
"Some might voice concern that adding federal workplace protections
for gays and lesbians will be a costly burden to America's small business
owners," said Billingsley. "But actually, not doing so would be the more
costly route. When people trust their employer they will be more adaptable
to changing business forces," she continued. "Inclusive workplace policies
can improve recruitment and lower turnover, boost productivity and lead to
business opportunities."
Stephen L. Miller, chairman and president of Shell Oil Company,
submitted testimony stating that ENDA would benefit businesses by creating
a uniform national policy that would simplify administration.
"A federal law would level the playing field for corporate America
with a single, straight-forward policy against discrimination," explained
Miller. "Currently our business has to comply with twelve differing state
laws against sexual orientation discrimination, while our employees in other
states are afforded no legal protection. One uniform federal policy would
ease our administrative burden."
Others companies wrote letters in support of ENDA including
Microsoft, Capital One, Hewlett Packard and Coors Brewing Company. In a
letter to HRC, Coors Brewing Company President and CEO W. Leo Kiely III
wrote, "Coors supports the efforts by the Human Rights Campaign to ensure
that all employees are afforded equal employment opportunity, regardless of
sexual orientation. The Employment Non-Discrimination Act provides a vehicle
for this goal to be achieved."
Currently, it is legal to fire someone in 38 states because he or she is
gay. The twelve states that prohibit discrimination based on sexual
orientation are California, Connecticut, , Hawaii, Massachusetts, Maryland,
Minnesota, Nevada, New Hampshire, New Jersey, Rhode Island, Vermont and
Wisconsin. Additionally, the District of Columbia prohibits discrimination
based on sexual orientation.
ENDA enjoys widespread, bipartisan support. The Senate bill's lead
cosponsors are Sens. Edward M. Kennedy, D-Mass.; Arlen Specter, R-Pa.;
Joseph Lieberman, D-Conn. and James Jeffords, I-Vt. House lead sponsors are
Reps. Christopher Shays, R-Conn.; Barney Frank, D-Mass.; Mark Foley, R-Fla.
and Ellen Tauscher, D-Calif.
The public also supports the principles of ENDA, according to a
June 2001 Gallup Poll. The poll asked respondents, "In general, do you think
homosexuals should or should not have equal rights in terms of job
opportunities?" Up from 56 percent in 1977, 85 percent of respondents
favored equal opportunity in employment for gays and lesbians. Only 11
percent thought gays and lesbians should be discriminated against based on
sexual orientation in the workplace.
A nationwide Harris Interactive poll also taken in June 2001 found that 61
percent of Americans favored a federal law prohibiting job discrimination
based on sexual orientation. Additionally, the survey found that 42 percent
of adults surveyed believe that such a law currently exists.
HRC has produced a 48-page report, Documenting Discrimination, which gives
specific examples of people who were discriminated against in the workplace
because of their real or perceived sexual orientation.
This report can be downloaded at: http://www.hrc.org/publications/index.asp
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