New bill prohibits discrimination against sexual orientation or gender identity

July 7, 5:04 PMLA Workplace Issues ExaminerPeggy Castellano

Previous Next

4 comments Print Email RSS Subscribe

Subscribe

Get alerts when there is a new article from the LA Workplace Issues Examiner. Read Examiner.com's terms of use.

Email Address   Include other special offers from Examiner.com Terms of Use

Representative Barney Frank just may be successful this time.

A new bill was introduced to Congress on June 24 which would prohibit unlawful employment practices against individuals because of their actual or perceived sexual orientation or gender identity. The Employment Non-Discrimination Act of 2009 (ENDA) is now under consideration in the House Judiciary Committee.

Frank, a Democratic congressman from Massachusetts, is fighting hard to see this bill through. With dozens of co-sponsors and reported approval by President Obama, ENDA is developing much needed momentum. The language of the bill clearly identifies the workplace behaviors and employment practices that, if the Act is passed, will no longer be tolerated.

"It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or to otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual's actual or perceived sexual orientation or sexual identity."

Under this proposed legislation, retaliation is prohibited against any covered or protected individual who opposed employment actions held unlawful under the Act. Employees who were participants in an investigation or hearing under the Act also cannot be discriminated or retaliated against.  This legislation does not apply to employment relationships between the U.S. and the armed forces, and it is not retroactive once approved.

However, the bill is designed to protect all members of the lesbian, gay, bisexual and transgender community from discrimination and the threat of bias in the workplace.  There are several states around the country with local protections, but this bill will hopefully incorporate more comprehensive language and regulations to help eradicate discrimination and punish those who mistreat LGBT employees. If approved, one of the many benefits of this bill may be a decrease in the unemployment percentage of LGBT workers.  

How can the Los Angeles workplace prepare for this?

It's important to note that employers don't have to wait for Congress to affect positive employment practices in their companies. Employee policies and hiring practices should be fair and just, and the language of policy manuals and recruitment brochures should already reflect a diverse workforce and equitable practices.  People of all races, sex, religious preferences, disability status, gender identity or sexual orientation are entitled to respect -- basic, human respect.  It's not a difficult concept, yet it takes our country years to mitigate the complex issues we raise around civil rights.

Employers should be proactive and educate their employees and management about a diverse workforce. Company recruiters can take positive steps to recruit LGBT candidates, and management and human resources departments should work together to ensure that the corporate culture of an organization embraces diversity, respects various cultures and lifestyles, and respects employees for their ideas, contributions, and passion for their work. Those individuals who don't respect diversity and the basic rights of others should be shown the door -- period.

While the battles continue in Washington, let's find our own greater path to harmony, and may the ENDA find its much-needed path to resolution. Everyone deserves respect.  

Source:

The Employment Non-Discrimination Act of 2009 (HR 3017)