Weasels that Discriminate for Any Reason: Many in the House

The Employment Non-Discrimination Act (ENDA)

Sitrep: Any military type knows that SITREP means situation report, so here is the sitrep on this piece of legislation called ENDA.

The Employment Non-Discrimination Act (ENDA) is proposed legislation that would prohibit most employers from discriminating on the basis of actual or perceived sexual orientation or gender identity. The Senate passed the bill in November 7, 2013, however, is still languishes in the House as Speaker Boehner sits on his hands.

The LBGT community called for ENDA because Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, sex, religion, national origin, age, and disability, does not mention sexual orientation. Historically, courts have refused to recognize claims by gays and lesbians under Title VII as a form of sex discrimination. A thin line of cases holds that some claims by gays and lesbians might count as impermissible “sex-stereotyping,” but these cases have been limited to scenarios in which the employee was targeted because of an appearance or demeanor that didn’t conform with traditional gender roles, not necessarily because of her sexual orientation.

Not so now - here are the specifics of the case that has gotten attention.

Here is how the ACLU stands:

Congress needs to act to ensure that LGBT individuals have the same workplace protections that apply based on race, color, religion, sex, national origin, age, and disability (Title VII law for decades). Three quick and important points:

1. The reality remains that it is legal to fire or refuse to hire someone based on his or her sexual orientation in 29 states. 
2. Those who are transgender can be fired or denied employment solely based on their gender identity in 33 states.
3. This view is shared by the overwhelming majority of the American public, including majorities of self-identified Democrats, Republicans, and independents. A 2011 poll found that 73 percent of likely voters support protecting LGBT people from discrimination in employment.

Such numbers demonstrate the need for the federal government (specifically this GOP-run House) to expand employment non-discrimination protections to LGBT workers and pass this bill.

My memo to Mr. Boehner: Get up off your hands and move this bill for a full House vote - the sooner the better. Psst: This could impact the midterms, too. Whoops ... that ought to get some movement from him to act, but will it?