Polis Leads Introduction of the Employment Non-Discrimination Act (ENDA)

Press Release

U.S. Rep. Jared Polis along with Reps. Barney Frank and Tammy Baldwin held a press conference yesterday to announce the introduction of the 2009 Employment Non-Discrimination Act.

"Every day, hard-working Americans are fired, denied employment, or harassed in the workplace because of their sexual orientation or gender identity," said Polis. "Passing an all-inclusive ENDA is an important step in the equality agenda. This bill states loud and clear that there is no room for discrimination in the American workplace, and will bring much-needed federal protection to LGBT workers in the many areas of the country lacking protection. With Democrats firmly represented in both chambers of Congress and the White House, we must not waste this historic opportunity to pass meaningful equality legislation and improve the workforce conditions for all Americans."

Although some states have passed laws to prevent such discrimination, it is legal in 30 states to discriminate on the basis of sexual orientation, and legal in 38 states to discriminate on the basis of gender identity. According to research by the Williams Institute, there is an ongoing pattern of discrimination on the basis of sexual orientation and gender identity nationwide.

The legislation would extend federal employment laws, which currently prevent job discrimination on the basis of race, religion, gender, national origin, age, and disability, to also cover sexual orientation and gender identity. The bill covers both the public and private sectors.

Contrary to assertions by some organizations that have opposed ENDA, the legislation does not afford "special rights" to any group. Moreover, it specifically prohibits preferential treatment based on quotas; it specifically exempts members of the Armed Services, veterans' service groups, and religious organizations; and it does not require employers to provide benefits to domestic partners.

"Our businesses need to be able to tap into a diverse workforce to compete in a global environment," said Polis. "Discriminating against people on the basis of race, or gender, or physical disability, or sexual orientation and gender identity, is simply inefficient and puts American businesses at a disadvantage in today's economy. By passing ENDA, we can ensure that our businesses hire the very best and brightest the American workforce has to offer."

The bill has drawn impressive support in the House of Representatives. The legislation has 118 original cosponsors, including both Democrats and Republicans. Among those represented are some of the most powerful and influential members of the House, including Rep. George Miller, Chairman of the Education and Labor Committee, Rep. John Conyers, Chairman of the Judiciary Committee, Rep. Henry Waxman, Chairman of the Energy and Commerce Committee, Rep. Howard Berman, Chairman of the Foreign Affairs Committee, Rep. Bob Filner, Chairman of the Veterans Affairs Committee, Rep. Robert Brady, Chairman of the Committee on House Administration, Rep. Louise Slaughter, Chairwoman of the Rules Committee, and more than 30 House subcommittee chairman and ranking members. Also supporting the bill is Rep. Michael Quigley, the newest member of Congress.

Congressman Robert E. Andrews, Chairman of the Subcommittee on Health, Employment, Labor and Pensions of the Education and Labor Committee, plans to hold hearings on ENDA in July.

In 2007, the House passed a version of the current legislation which protects individuals against employment discrimination on the basis of sexual orientation, but did not include a provision on gender identity. It is expected that the present bill, including gender identity, will pass the House this year.

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