The Leadership Conference on Civil and Human Rights

Currently, federal law provides protections against discrimination on the basis of color, gender, religion and disability to employees. The protection provided by ENDA is seen as the next logical step towards complete fairness in the workplace.

Following a mark-up of the bill on April 24, 2002, Sen. Kennedy emphasized the significance of the bill: "Today the U.S. Senate took a major step forward to freedom from "the stain of discrimination [based on sexual orientation]."

Kennedy also noted the strong support for ENDA from religious organizations, businesses, and civil rights and labor groups. At a hearing in February, 2002, Sen. Kennedy was joined in support by 43 senators as co-sponsor. ENDA enjoys widespread, bipartisan support. The Senate bill's lead cosponsors are Sens. Kennedy; 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.

"This bill will extend the principles of opportunity to all peoples. . . and put an end to insidious discrimination in the workplace," said Sen. James Jeffords, I-Vt., urging quick action on the Senate floor. Echoing these statements, Sen. Hillary Clinton, D-N.Y., said, "This protection is simply the right thing to do."

In addition to describing what the bill was intended to provide, the senators made clear what the bill would not do. Sen. Clinton continued, "This bill guarantees fair employment practices to all. It does not confer special rights unto any community."

ENDA does not apply to employers with fewer than fifteen employees, the armed services, religious organizations, nonprofits, or voluntary membership associations, such as the Boy Scouts. The senators explained that while critics of ENDA assert that it is a piece of "radically gay agenda" disguised as a civil rights bill, claims like this have no merit. "This bill simply proscribes discrimination—it is not as dramatic or revolutionary a step that many [of its critics] have advocated it is," Sen. Clinton said.

Sixty-one percent of people polled strongly support the bill. Many businesses champion the bill as well; a myriad have already implemented something similar in their company policies. Statistics show that a staggering 86 percent of Fortune 50 companies and 60 percent of Fortune 500s have a policy prohibiting the discrimination of employees based on sexual preference included in their guidelines.

Civil rights organizations have been urging passage of the bill for several years. "As our nation enters a new century when our survival depends upon the contributions of every American, the United States Congress should send a strong signal that merit and hard work —not bias and stereotypes—are what counts in job opportunities and the workplace in America," said Wade Henderson, executive director of the LCCR.

Charles Gifford, president and CEO of FleetBoston Financial Corp, testified in favor of the bill, stating that his company's commitment to all their 450,000 employees is the same—"to create an environment where everybody can excel." Gifford testified to the committee that when employees are afraid to express themselves for fear of discrimination, they are less productive workers; a consequence that negatively affects the company as a whole.

Lucy Billingsley, co-founder of The Billingsley Company, a small business with 30 employees also testified about the beneficial effects of ENDA. "Prejudice in the workplace does not just hurt the victim; it also establishes a corporate culture of secrecy that lowers the contentment and productivity of all workers," Billingsley said.

Larry Lane worked as a manager for the New York division of Collins and Aikman Floor coverings where he says he experienced first hand the prejudice that ENDA targets. Two weeks after he "confessed" that he was gay, Lane was told by his supervisors that "his job was in jeopardy" because he "just didn't fit in the company" anymore. Having received only positive feedback in the past concerning his work performance, Lane was stunned. He filed suit under the New York City anti-discrimination statute, and awaited trial. In his testimony, Lane said he was fortunate that he lived in one of the few cities that had an anti-discrimination law, for if he had not, he would have had no recourse.