New York Employment Attorneys Blog

In anticipation of the passing of the Employee Non-Discrimination Act, which prohibits public and private employers, employment agencies and labor unions from using an individual's sexual orientation or gender identity as the basis for employment decisions, such as hiring, firing, promotion or compensation, the Religious Right and other Conservative groups have begun the fight against the initiative. In mailings recently sent out by Family Research Counsel, the group has claimed that it is a liberal initiative designed to strip Christians of their rights, and force them to hire transgendered individuals, transvestites and homosexuals.

Such hysteria is not surprising, but rather ridiculous given the scope of the EDNA. Their post found here tries to whip followers in line, saying the law will force a Christian Bookstore to hire a transvestite, and that their religious schools will have to hire homosexual teachers, none of which are true. The post goes on to state that "Washington liberals virtually unlimited power to force every business with more than 15 employees to embrace immoral sexual behavior as normal and worthy of celebration". Well, at least we know where they stand.

However, this information is false, and fairly damaging towards bringing greater protections to all workers in America. The EDNA, without such insane exageration, is meant to:

* Extends federal employment discrimination protections currently provided based on race, religion, sex, national origin, age and disability to sexual orientation and gender identity
* Prohibits public and private employers, employment agencies and labor unions from using an individual's sexual orientation or gender identity as the basis for employment decisions, such as hiring, firing, promotion or compensation
* Provides for the same procedures, and similar, but somewhat more limited, remedies as are permitted under Title VII and the Americans with Disabilities Act
* Applies to Congress and the federal government, as well as employees of state and local governments

The hysteria over this bill, while not surprising, is quite sad. We here at the Harman Firm look forward to its eventual passage, and will support the effort to strengthen the rights of workers.

After supporting Proposition 8 in California in a highly publicized campaign, the Mormon Church in Utah has come out in support of a local city ordinance which is designed to protect gays in the city from being discriminated against in employment and housing decisions: Mormon Support of Gay Rights Statute Draws Praise

After vehemently opposing the right for gays to be married in the state of California, this turn around is pleasantly surprising and appreciated, making Salt Lake City the only city within the state to support laws against sexual orientation discrimination.

While defending their support of traditional marriage arguments, they acknowledged that this deals entirely with employment and housing issues. The Church stated at a City Council meeting that "The issues before you tonight are the right of people to have a roof over their heads and the right to work without being discriminated against."

For the Church to take such a stand is a bold move in the generally socially conservative organization, and hopefully will focus more attention on the issue, while bringing support for LGBT individuals across the country.

On September 25, 2009, the House heard oral arguments in favor of the passing of the Employee Non Discrimination Act. The ENDA would be an important step in amending current employment law to include protection for LGBT employees throughout the country. The bill is aimed at ending discrimination against employees based on their sexual orientation or gender identity.

The arguments for passage included testimony from workers whose employment had been adversely affected by their sexual orientation or gender identity. One state worker in Georgia recalled being let go when she informed her supervisor that she was planning to have gender transition surgery.

This bill is extremely necessary in that currently there is a lapse in any protections for individuals. No federal law currently exists which would protect people from termination or harassment in the work place based on their sexual orientation and gender identity. Rather, individuals must rely on a patchwork of local and state laws to have their rights adequately represented.

The ENDA would function alongside the Civil Rights Act of 1964 and further amendments to help shore up the rights of employees in the workplace. We here at the Harman Firm urge quick action on the ENDA, and help protect the rights of workers everywhere.