Broad Support for Reintroduction of ENDA
Feature Story by Kerrith Solomon - 7/31/2001
July 31, 2001 – At a press conference this morning, members of congress came together to support the reintroduction of the Employment Non-Discrimination Act of 2001 (ENDA). Speakers at the press conference were Senators Jim Jeffords (I-VT), Edward Kennedy (D-MA), and Joe Lieberman (D-CT), as well as Representatives Barney Frank (D-MA), Mark Foley (R-FL), Christopher Shays (R-CT) and Ellen Tauscher (D-CA). The bill would prohibit discrimination on the basis of sexual orientation, providing basic protection to ensure fairness in the workplace for Americans who are currently denied equal protection under the law. Currently it has 38 cosponsors in the Senate and 178 in the House. Senator Lieberman contextualized the bill, stating, “We have achieved real progress over the past few decades, in making the ideals of equality and fairness more real for more of our fellow citizens. To African-Americans, to women, to disabled Americans, to religious minorities and to others we have extended a legally enforceable guarantee that, with respect to their ability to earn a living, they will be treated on their merits and not on characteristics unrelated to their ability to do their jobs. It is time to extend that guarantee to gay men and lesbians, who too often have unfairly been denied the basic right to obtain and keep a job.”
Senator Kennedy echoed the sentiments of his colleague. “Civil rights is the unfinished business of the nation. The Civil Rights Act of 1964 has long prohibited job discrimination based on race, ethnic background, gender or religion. It is long past time to prohibit such discrimination based on sexual orientation, and that is what the Employment Non-Discrimination Act will do.”
The traditional Democratic supporters were joined by several Republican members of Congress including Representatives Shays and Foley. Shays addressed some of the concerns of the opposition, and clearly stated, “ENDA forbids employment discrimination on the basis of sexual orientation.” He added “ENDA specifically prohibits quotas, does not require employers to give benefits to unmarried partners, and exempts religious organizations, the military, small businesses with 15 or fewer employees, and nonprofit voluntary membership organizations like the Boy Scouts.” Rep. Foley added, “Not surprisingly, corporate American and public opinion is way ahead of Congress on this issue. As of today 266 of the Fortune 500 companies have incorporated sexual orientation in their non-discrimination policies. Over a thousand smaller employers, non-profits and labor unions have also adopted these common sense policies…It’s time for Congress to catch up with the rest of the country and enact a law that has such widespread support.”
Recent public polling supports Foley’s statement. A Gallup poll conducted in June 2001 asked, “ In general, do you think homosexuals should or should not have equal rights in terms of opportunities?" Eighty-five percent of respondents - an increase from 56 percent in 1977 - favored equal opportunity in employment for gays and lesbians. Only 11 percent of respondents thought gays and lesbians should be discriminated against based on sexual orientation in the workplace.
Senator Jeffords recalled, “This is not an issue that Congress will be considering for the first time. Legislation of this type has been around for more than 25 years. Representative Bella Abzug first introduced such federal legislation during the 94th Congress in 1975, and the time is now to finally enact the Employment Non-Discrimination Act (ENDA) into law…Passing ENDA could be one of the more important things this Congress does.” In a statement released by the Leadership Conference on Civil Rights (LCCR), Wade Henderson, Executive Director of the LCCR stated, “Our country has a deep-rooted tradition of combating discrimination and overt prejudice against recognized groups of people. Time and again congress has chosen the moral high ground by pursuing issues of justice and fairness over injustice and bigotry. The time has come to take the next important step in our ongoing battle against discrimination.”
Many other organizations voiced their support of the introduction of the bill, including American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), The Anti-Defamation League (ADL), The Human Rights Campaign (HRC), The National Council of La Raza (NCLR), People for the American Way, and the Religious Action Center of Reform Judaism (RAC), among others.
The statement of Elizabeth Birch, Executive Director of the Human Rights Campaign, read, "We urge Congress to move precipitately and unite our country behind the principles of fairness and equality. Each day that we wait, more hard-working, tax-paying Americans will lose their jobs simply because of who they are. Congress can use its power to put a stop to this injustice and demolish one of the last remaining vestiges of discrimination that haunts our nation."
In 1996, ENDA reached a near victory in the Senate, coming within one vote of passage. Therefore, many civil rights organizations, members of congress and concerned Americans agree with the words of House Democratic Leader, Congressman Richard A. Gephardt, in his press release which read “This is strong, badly-needed legislation for countless Americans who have suffered, or who are vulnerable to discrimination because they do not have protections similar to those afforded millions of their fellow citizens. I strongly hope we will debate and pass this bill this year.”
