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Election 2006 | Workplace Discrimination

Issue: Workplace Discrimination

Job discrimination, for any reason, is un-American, unfair, and unwise. Our nation's economic success depends on having the most qualified, dedicated, and competent people as part of the workforce, regardless of sexual orientation. Too many gay and lesbian Americans still face job discrimination because of their perceived or actual sexual orientation. This should not be allowed to happen in our modern society.

Workplace discrimination affects hundreds of thousands of gay and lesbian Americans. This issue goes to the core of what it means to live in a free society. Freedom depends on people having the opportunity to pursue any career they wish. Any person's progress in the workplace should depend solely on his or her skills and ability, not their sexual orientation.

There has been important progress in recent years to make the workplace friendlier for gay and lesbian Americans. The Human Rights Campaign reports that among the Fortune 500, 328 companies (65%) have non-discrimination policies that include sexual orientation. Even Wal-Mart, which defines conservative old-fashioned American values, now offers protection for its gay and lesbian employees.

There is good news among corporate America, but more progress must be made. There is no federal law protecting Americans who are fired or penalized because of their sexual orientation. Federal law prevents workplace discrimination based on race, gender, religion, national origin, or disability. Sexual orientation receives no such protection. That means gay and lesbian Americans have no recourse if they are fired because of their sexual orientation.

This reality shows why it is so important for the nation's political leaders to enact The Employment Non-Discrimination Act (ENDA). This congressional legislation, with sponsors in both political parties, would prohibit discrimination in the workplace based on sexual orientation-providing basic fairness for millions of hardworking Americans.

ENDA's opponents often use three arguments to justify their position.

1. ENDA would provide "special rights" for gay and lesbian Americans.

Not true. ENDA clearly prohibits quotas and preferential treatment for gays and lesbians. The law creates no "special rights," rather it provides gay and lesbian workers with the same employment protection enjoyed by all other Americans. Furthermore, ENDA does not require employers to provide benefits for the same-sex partners of their employees. It also exempts small businesses, religious organizations, and the military.

2. This bill would cause a flurry of lawsuits against corporate America.

False. 20 states and the District of Columbia have passed laws prohibiting discrimination based on sexual orientation. Many of these laws have a much wider scope than ENDA, including not just workplace discrimination, but also in housing and public accommodation. Even so, research shows that these state laws have NOT led to a flurry of lawsuits. A 2000 General Accounting Office report says there is, "no indication that these laws have generated a significant amount of litigation."

3. This issue should be left to the discretion of each state.

For the last five decades, the federal government has rightly taken a more active role in protecting the civil rights of every American, regardless of what state they call home. As a Republican organization, we appreciate the importance of state autonomy, however in matters of personal freedom and civil rights, the federal government must play a large part in guaranteeing fairness and equality for all citizens. The Jim Crow laws of the old segregated South ended in large part due to federal court action and congressional legislation. The federal government must protect the civil rights of every American. States rights can't be used to justify discrimination and bigotry.

Conclusion

This Employment Non-Discrimination Act has strong public support. A recent Gallup poll shows that 85% of Americans favor equal opportunity for gays and lesbians in the workplace. The American people understand this all comes down to fairness. ENDA should become law because it's the right thing to do. With committed support from both sides of the aisle, ENDA can offer important protection for millions of Americans.