Talking points on ENDA
Updates
* Transgender People and Pervasive Discrimination - Transgender people face pervasive discrimination in every area of life. Transgender people are often rejected by families, harassed and kicked out of school, and discriminated against in daily life in supermarkets, malls, on public transportation, etc. Although all of these problems are terrible, the most acute need for transgender people is anti-discrimination protections in the workplace. When a transgender person loses a job and can’t find another one due to additional discrimination, they can become homeless, are unable to provide for their families, and can end up on state-sponsored welfare programs.
* Laws and Policies Protecting Transgender People From Discrimination - A growing number of states and localities prohibit discrimination against transgender people, yet coverage remains spotty and laws are often not enforced. Nationally, 37% of the U.S. population lives in a jurisdiction that prohibits gender identity discrimination. In comparison, sexual orientation protections cover 51% of the country. Currently, there are trans-inclusive laws in 12 states and more than 90 local jurisdictions, including Iowa, Colorado, and Oregon which passed this year.
* Corporate America and Transgender Employees - Corporate America has been voluntarily adopting nondiscrimination policies including gender identity. Over 150 Fortune 500 companies have done so thus far; most cite the twin goals of recruitment and retention of talented and experienced employees as the reason. Businesses have shown they are able to comply with non-discrimination policies and laws. When an employee informs a supervisor of plans to transition, there are straightforward actions an employer can take to make the transition smooth and successful for both parties. Issues like bathrooms and dress codes are less complicated than some might imagine. Businesses that have decided to treat their transgender employees well, and not discriminate against them, easily work these issues out. On the other hand, businesses who want to discriminate often disingenuously point to these issues as insurmountable. The Baldwin amendment includes language dealing specifically with dress codes and shower/dressing facilities that ensures businesses will not be burdened by this law.
* Public Support for Transgender-Inclusive Discrimination Laws - According to numerous surveys, over 60% of likely voters in the U.S. support a transgender-inclusive federal employment non-discrimination law. Polling data from 2006 shows that voters are more likely to support a candidate who votes for an LGBT discrimination law than they are to vote against. There is also state-specific polling data. In New Jersey, for example, voters supported state legislation to add gender identity protections with a high margin: 70%-19%.
* The ENDA the LGBT Community Demands - The LGBT community is unified in its support of restoring the gender identity language in ENDA. Since the sexual orientation-only ENDA (H.R. 3685) was introduced on September 27 this year, already over 340 LGBT and allied organizations formally took a stance of opposition to the legislation. Not one LGBT organization has endorsed H.R. 3685. Passage of the Baldwin amendment would restore LGBT support for ENDA.
* It is unprecedented for Congress to pass civil rights legislation that is not supported by a single organization in the community the law is supposed to protect. Over 300 LGBT organizations representing over 2 million Americans actively oppose any employment nondiscrimination legislation that does not include gender identity.
* HR 3685 does NOT provide sufficient protection against discrimination for lesbian, gay, bisexual, and transgender Americans. Not only does this bill completely fail to protect transgender people, but it also fails to protect lesbians, gay men, bisexual, and straight people who do not conform to gender stereotypes.
* HR 3685 is morally and strategically wrong. Not only is it morally wrong to leave part of the LGBT community out of this bill, but it is also strategically wrong. We have learned from our work in the states that it is far easier to include gender identity in civil rights legislation the first time it is passed than it is to try to go back and add it in later.
Trends Regarding Support for Trans-Inclusion
* All major national LGBT organizations, including HRC (see vote by Board of HRC documented on HRC's home page and here ), have now signed on to only support trans-inclusive ENDA.
* Over 90 state level LGBT and allied organizations, covering more than 42 states, have also signed on to the statement urging congress to not divide our community and keep ENDA in its trans-inclusive form.
* The rationalization that we can add gender identity later, consigns transgender people to second-class citizenship on average for more than 10 years.
* Conversely, the rate of passage of laws including both sexual orientation and gender identity from the outset has grown exponentially over the last 5 years.
Basic Facts
* 13 States plus the District of Columbia provide basic civil rights based on Sexual Orientation and Gender Identity or Expression - California, Colorado, Hawaii, the District of Columbia, Illinois, Maine, Minnesota, Iowa, New Jersey, New Mexico, Rhode Island, Vermont, Washington, and Oregon (effective January 2008).
* 7 additional states provide basic civil rights based on Sexual Orientation - Connecticut, Maryland, Nevada, New Hampshire, New York, Rhode Island, and Wisconsin.
* Over half (52%) of the US population* will live in jurisdictions that prohibit discrimination based on sexual orientation.
* Over a third (37%) of the US population* will live in jurisdictions that prohibit discrimination based on sexual orientation and gender identity.
* Existing Laws on the Books in Indiana: Tippecanoe County and the cities of Fort Wayne, Lafayette, Michigan City, Terre Haute, and West Lafayette prohibit sexual-orientation discrimination in both private and public employment. Marion County and the cities of Indianapolis and Bloomington provide civil rights protections inclusive of both sexual orientation and gender identity.
* By Executive Order of Governor Mitch Daniels, the State of Indiana prohibits discrimination based on sexual orientation and gender identity in public employment.
* When Oregon Law becomes effective January 1, 2008.
General ENDA Talking Points
* Qualified, hardworking Americans are denied job opportunities, fired or otherwise discriminated against for reasons that have nothing to do with their performance and abilities.
* Employment discrimination based on sexual orientation or gender identity and expression, whether such orientation is real or perceived, effectively denies qualified individuals equality and opportunity in the workplace. Those who experience this form of discrimination have no recourse under current federal law or under the Constitution as it has been interpreted by the courts.
* Employment discrimination strikes at a fundamental American value — the right of each individual to do his or her job and contribute to society without facing unfair discrimination. Fairness in the workplace has been recognized as a fundamental right protected under federal law.
* Currently, federal law provides basic legal protection against employment discrimination on the basis of race, gender, religion, national origin or disability, but not sexual orientation or gender identity and gender expression.
