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F.A.Q. on ENDA

Why did 301 lesbian, gay, bisexual and transgender organizations united to oppose H.R. 3685 in the House Education and Labor Committee?

On Friday (10/12/07) evening, House leadership announced that despite enormous opposition from the lesbian, gay, bisexual and transgender community, they would be moving forward with a version of ENDA that only includes employment protections based on sexual orientation. The LGBT community resoundingly rejected this approach two weeks ago and rejects it still. 

Why pass a civil rights bill no civil rights organization wants?

It would be unprecedented for Congress to pass a civil rights bill that is solidly opposed by the community it is meant to protect. Would Congress really move forward with a bill that not a single organization in the entire LGBT community has endorsed? Over three-hundred organizations, in a coalition called United ENDA, have joined to ACTIVELY OPPOSE H.R. 3685.

Most LGBT individuals are also opposed to H.R. 3685. A survey sponsored by the Human Rights Campaign showed that 70% of the gay, lesbian and bisexual public said gender identity protections were important to include in ENDA, even if it means taking longer to pass a bill.

Now that H.R. 3685 has passed out of committee, what's next?

Rep. Tammy Baldwin (D-Wis.) is proposing an amendment to the bill which would restore gender identity protections. We support the Baldwin amendment and will only support H.R. 3685 if it passes.

Meanwhile, we will continue to support H.R. 2015 and reccomend that the House Education and Labor Committee move this bill forward.

Why isn't a sexual orientation-only bill enough?

Legal analysis by every LGBT legal service organization, as well as the ACLU, shows that even gay people are not sufficiently protected without gender identity protections.

The point of including both sexual orientation and gender identity in the bill is to be sure that the entire LGBT community is protected. Carving out sexual orientation creates an artificial line that leaves out anyone—gay, transgender or even straight—who is not sufficiently masculine or feminine to match cultural stereotypes.

Why ask less-supportive Democrats from non-supportive districts to be out on a limb for a bill that LGBT people do not want and that cannot become law this year?

Forcing a vote on a bill that the LGBT community opposes will not be considered "a historic victory."  LGBT-supportive members of Congress are being put in an untenable position of either voting against an LGBT civil rights bill or voting for it and alienating their LGBT supporters.  Some who oppose the law will have done so in support of the LGBT community; others will have done so in opposition. The resulting confusion from a vote is sure to be a lingering political blemish for Democrats.

What are the other political ramifications of this approach?

The H.R. 3685 strategy is already hurting efforts to pass state and local laws.

Over the last five years, states all across the country have passed non-discrimination bills that provide protections on the basis of both sexual orientation and gender identity–and no state in that time has chosen to leave transgender people behind.  Just this year alone, states as diverse as Iowa, Colorado and Oregon have passed these protections. Unfortunately, in the last two weeks, the lead Republican sponsor in Florida has abandoned his plan to introduce a unified bill and has decided to move forward instead with two separate bills, citing the "Washington strategy." Clearly, this is a dangerous precedent that will hurt efforts to pass protections in very demonstrable ways.

What's the Bottom Line?

Our coalition of over 300 organizations, and the vast majority of LGBT people, support only pursuing H.R. 2015 (the original ENDA that includes transgender protections) because it is morally right and strategically smarter than pursuing a sexual orientation only bill. We know that it is unlikely that any form of ENDA is likely to pass into law this congressional session. We know our efforts now are about laying the necessary groundwork for consideration again in 2009. Voting on a non-inclusive bill this Congress will make it more difficult to procure passage of a fully-inclusive bill later. 

United ENDA’s 301 organizations urge the Education and Labor Committee to either take up H.R. 2015 or consider no bill for now, and set aside H.R. 3685 immediately.
 
Call to Action: Support Inclusive ENDA
    
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San Francisco, CA – October 18, 2007

Dear Out & Equal constituents and friends,

A Change in Strategy!

Despite one of the largest grassroots responses from the LGBT community ever, the House of Representatives has decided to move forward with H.R. 3685, the version of the Emplyment Non-Discrimination Act that does not include protections for transgender people. While we are disappointed in this decision, the fight is not over.

We know you have already made your voice heard and expressed your support of the inclusive version of ENDA, but we need you to reach out to your representatives again. This time, we're asking you to tell your elected officials to support Tammy Baldwin's amendment to ENDA, restoring "gender identity" to the bill.

We know why it's so critical that transgender people be included in ENDA.  One-third of transgender people report facing employment discrimination at some time in their life.  The unemployment rate among transgender individuals is as high as 70%. And you can't separate discrimination against transgender people from discrimination against the rest of the LGBT community.  For example, many gay and bisexual men get taunted for "acting like a girl."  Many lesbians are criticized for "being too butch." We all face anti-transgender bias, even if we don't identify as transgender ourselves. 

Congress is listening to us and individual members are making up their minds about how far they are willing to go in protecting civil rights. Your Representative needs to hear from you, and needs to hear our message loud and clear.

Time is of the essence. Leadership tells us to expect a vote on the Baldwin amendment to take place on Wednesday, October 24. It is vital that you speak with your representative immediately!

Please, right now, make a phone call to your Representative. Call the Capitol Switchboard at 202-224-3121. An operator will connect you with your Representative. When a staff person answers, tell them:

"I'm a constituent and I am calling because I support the Employment Non-Discrimination Act, HR 3685, which protects all lesbian, gay, and bisexual people from job discrimination. Furthermore, I strongly support the Baldwin amendment to the bill, restoring protections for transgender people and urge you to vote in favor of that amendment. I urge you to oppose any further efforts to weaken the bill or any measures that would move the bill forward without including the entire community. Thank you."

Follow up your phone call with an email to your representative.

Many state and regional LGBT groups are organizing phone banks, action centers and other ways to make a difference. Visit unitedENDA.org and find an organization near you to learn more.

During the 2007 Out & Equal Workplace Summit, Selisse Berry, executive director of Out & Equal made the following statement of support for transgender inclusion in ENDA:

Selisse Berry addresses the SummitWe all know that ENDA affects our community in such significant ways. This was the first trans-inclusive version of ENDA to be [introduced in] both houses of Congress. Out & Equal, along with a number of our corporate sponsors, and the rest of the LGBT community were, of course, proud to support it.

I think it's important to reiterate our support of an inclusive ENDA.

This week some Congressional leaders have decided to remove gender identity from ENDA and to go forward with a bill covering just sexual orientation.

We've arrived at an important juncture in the history of our movement where all in our community have a place at the table. Out & Equal is proud to be an active force, and has been since our founding, in bringing us to this place. Most of the corporations in this room have likewise stepped forward with your support of equality for your lesbian, gay, bisexual and transgender employees. We expect no less from our elected officials.

More than ever, the old adage fits, "united we stand, divided we fall." We must all stand together. And this is such a vital issue, everyone here has been so supportive and I think it's important to reiterate… it really is up to us to call and to email our members of Congress and Nancy Pelosi. It's important to do it right now, as in today or tomorrow. It's that important. Let them know you support a trans-inclusive ENDA.

As we celebrate the passage of a trans-inclusive hate crime bill, we have to continue to demand a trans-inclusive ENDA because we are all in this together.

Out & Equal has joined with a coalition of over 300 national and local organizations across the country to help keep ENDA inclusive. Thousands of LGBT people have already contacted their Representatives and asked them to support only a version of ENDA that leaves no member of our community without the basic protections of law against employment discrimination.

Whether it takes a week, a month, or years, we remain committed to seeing an inclusive version of ENDA passed into law. Although the message from the LGBT community is reaching Congress loud and clear, more than ever we need our allies and supporters to stand with us. We are reaching out to our allies in the business community. We need the voice of fair and equitable business leaders and corporations to join us. Here are some things you can do to help us build support for a transgender-inclusive version of ENDA:

Ask your company to write a letter of support

Ask your leadership to make your own unique statement in support of a transgender-inclusive version of ENDA, or use our sample letter as a template. If your company agrees to do this, ask them to send it to members of Congress and send a copy to us at jkeys@outandequal.org.

Ask your company's political affairs department to lobby Congress

Many companies, especially larger ones, have professional lobbyists or public policy analysts already. Ask your company leadership to instruct this team to meet with elected officials and to advocate for a transgender-inclusive version of ENDA.

Here are some points about this issue that all businesses should know:

  • Currently, there is no federal law that protects lesbian, gay, bisexual or transgender people from employment discrimination. ENDA would help to rectify that situation. But only a version of ENDA that includes "gender identity" will be effective. Many legal analysts have said that without including gender identity, discrimination against gays, lesbians and bisexuals may still occur under the guise of gender expression stereotypes (i.e. "He wasn't fired because he was gay, he was fired because he didn't act like a man.").
  • As of 2007, 20 states and many local communities have passed laws against discrimination based on sexual orientation. Thirty-seven percent of the country, including 11 states and more than 90 cities and counties, have passed protections for the transgender community. For any employer doing business in multiple locations, this means there are often confusing and contradictory laws for different locations. ENDA would help simplify that, but only if it includes both sexual orientation and gender identity.
  • An inclusive ENDA enjoys popular support. Recent national surveys have found that 65% of people believe it should be illegal to discriminate against transgender people in employment.
  • Businesses already know that diversity is good for the bottom line. When people feel comfortable being themselves at work, they are more productive, creative and loyal to their company. Passing ENDA will be good for all American business interests. People who once lived in fear of being fired or passed over for promotion will instead be free to innovate and drive industry forward. That is why 200 Fortune 500 companies include gender identity in their nondiscrimination policies.
  • ENDA closely follows the model of existing federal civil rights laws, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, ensuring that gay, lesbian, bisexual and transgender people are treated in the same way as other groups protected under law – no better, no worse.

www.UnitedENDA.org

Business Support for transgender-inclusive employment nondiscrimination legislation
October 18, 2007

Dear Madam Speaker and Representatives:

As a businesses that celebrates the diversity of the lesbian, gay, bisexual and transgender (LGBT) community in this country, we recognize the value and contributions of all our employees and have voluntarily chosen to extend inclusive non-discrimination policies to our workforce. Based on our experience and what we believe to be good for the country, we ask you to support an Employment Non-Discrimination Act that protects everyone in the LGBT community, and to oppose any substitute legislation that leaves any member of the LGBT community behind.

We have already discovered that treating LGBT employees with fairness and respect is good for business, and we believe it will be economically and socially beneficial to the entire country. Comprehensive non-discrimination policies boost employee morale and assure that companies have the largest pool of well-qualified applicants. Non-discrimination policies have also helped increase employee creativity in a time when many are anxious about America's ability to remain innovative to retain American jobs. In addition, many companies currently operate under a patchwork of state and local laws. As a national law, ENDA would help to simplify and clarify employment requirements.

As professionals and corporate leaders, we understand that showing real leadership in the face of opposition demands courage and personal risk. Even so, we believe that there is only one correct path for ENDA—a piece of legislation that embraces all people in the LGBT community and leaves no one without the basic protections many of us take for granted.

We are proud that you have supported a fully-inclusive ENDA in recent months, and we urge you to remain committed to the strongest version of this legislation, one which includes all members of the LGBT community. We look forward to working with you to make this dream a reality. We want to make it clear that we only support a transgender-inclusive version of the Employment Nondiscrimination Act. Therefore, we ask you to support the Baldwin amendment restoring "gender identity" to H.R. 3685 and ask you oppose any steps that would move this bill forward without including everyone.

Sincerely,

Name of Business

Out & Equal™ Workplace Advocates is a national nonprofit 501(c)(3) organization headquartered in San Francisco, California. Out & Equal champions safe and equitable workplaces for lesbian, gay, bisexual, and transgender (LGBT) people. The organization advocates building and strengthening successful organizations that value all employees, customers and communities. For more information, visit www.outandequal.org.

Press Contacts:

Jere Keys, Communications Manager
Out & Equal Workplace Advocates
415-694-6512
jkeys@outandequal.org
 
 

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