ENDA: Daring to Hope

There's a little more good news for LGBT people.  Today, the U.S. Senate passed ENDA, the Employment Non-Discrimination Act.

When news of the vote was getting out, a friend brought up a common question, so I figured I'd mention it.

"Isn't that already the law?"

The answer is actually "no."  I was tempted to say, if that were the law, the Senate wouldn't be voting to make it the law, but then one never knows.  There are protections for government workers, and some state laws that protect gay and lesbian workers from discrimination in the private sector.  Fewer have protections for transgender employees.  That means that in most states, a person can be fired, or passed up for hiring or promotion, simply because they are gay or transgender.  

So why don't we hear about it?  Speaking for my local community, we here in Wisconsin are in one of the states that at least protects gay and lesbian people.  Wisconsin was the first state to include gay and lesbian in the equal opportunity laws, back when "Forward" meant something.  

Another reason we probably don't hear about many problems is that most major companies have voluntarily included sexual orientation in their non-discrimination policies, with many also including gender identity.  Even companies that don't officially prohibit workplace discrimination are not going to be too militant about it.  Cracker Barrel once had an official policy of not hiring and even firing any employee found to be gay or lesbian.  (It could not be enforced in Wisconsin, but at the time was legal in Illinois)  There was a national boycott of their stores and restaurants, and the policy has since been removed.  

But it does happen, and in states where it's legal, some people don't come forward about why they were fired.  These are typically areas where a person who comes out faces additional harassment and possible violence, especially if they "make a big deal" about why they were fired.  So, some protection, like ENDA is necessary.  

There is a tough fight ahead.  The bill still has to pass the House, and the indications are that Speaker John Boehner will not even let it be introduced for discussion.  

It would seem that the answer lies with a group that I frequently criticize.  An email I received from Log Cabin Republicans (list) says that they have met with some House Republicans to make the case for ENDA.  I'll be keeping an eye on their efforts and wish them well.