Non-discrimination act returns to Congress

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U.S. Rep. Barney Frank is preparing to reintroduce the Employment Non-Discrimination Act. But with a Republican majority in the House and momentum building for the 2012 elections, ENDA is not expected to end up on the president’s desk this year.

ENDA would make it illegal to fire or refuse to promote someone based on sexual orientation or gender in businesses that employ 15 or more people. The measure would not apply to religious institutions.

LGBT civil rights groups maintain that the bill is a critical component of an economic empowerment agenda for the LGBT community, which, despite the claims of some niche marketing studies, is not an upper-income population.

“All Americans worry about their economic future, but LGBT Americans’ anxieties are exacerbated when they can be fired for no other reason than their sexual orientation or gender identity,” said Joe Solmonese, president of the Human Rights Campaign, the largest LGBT civil rights group in the country.

“Employment discrimination can have a devastating effect on American families, and forcing a group of Americans to deny and hide their families and loved ones in order to hold a job is simply unacceptable,” said Laura W. Murphy of the American Civil Liberties Union.

Murphy, who works as the ACLU’s legislative officer in Washington, urged lawmakers to make ENDA a priority.

Frank, D-Mass., has lined up 203 co-sponsors for ENDA, the same number that signed on to the 2009 bill, which stalled in committee last session.

Frank, one of four openly gay members of Congress, was expected to re-introduce ENDA on March 30, but instead held off to secure additional sponsors.

In a news release March 29, the longtime lawmaker called passage a “difficult but winnable fight.” However, Frank, known for his frank talk, also said the victory probably won’t come until Democrats regain control of the House.

ENDA-like protections exist in 21 states and the District of Columbia, and an estimated 87 percent of the top companies in the country ban bias based on sexual orientation.

“It’s just good business – a diverse, committed, energized workforce contributes more to a company than employees who are struggling to cope with the impacts of discrimination,” said Kayla Shell of Out & Equal Workplace Advocates in San Francisco. “Acts of prejudice lead to lost time, energy and resources.”