As many as 9 out of 10 voters believe federal law already protects LGBT workers from discrimination. But it doesn’t. And while the Employment Non-Discrimination Act (ENDA) was passed by the Senate this year, it has stalled in the House; Speaker John Boehner (R-OH) has made it clear that there is “no way” ENDA will pass this year.
Enter the latest chapter of the Obama Administration’s “year of action.” The White House announced today that President Obama will issue an executive order requiring that all companies who contract with the federal government must not discriminate on the basis of sexual orientation and gender identity.
Think Progress reporter Zack Ford has the details:
The order, expected to be finalized in the coming weeks, is an extension of orders previously issued by past presidents — most recently Johnson — similarly banning employment discrimination on the basis of race, color, religion, sex, or national origin among all contractors and subcontractors who do over $10,000 in business with the government in any one year.
The protections will reach over one million LGBT workers across the country, making it the single largest expansion of LGBT workplace protections in our country’s history. There continue to be 29 states that offer no employment protections on the basis of sexual orientation and 32 with no protections based on gender identity, but many LGBT workers in those states will now have workplace protections for the first time ever. As many as 43 percent of lesbian, gay, and bisexual people and 90 percent of transgender people have experienced some form of harassment or discrimination in the workplace.
As with Obama’s executive order raising the minimum wage for employees of federal contractors to $10.10, this order will cover an enormous number of people but still relies on Congress to pass a law making sure that millions more LGBT Americans have the freedom to work.
Recently, some LGBT advocates have been giving second thoughts to the current ENDA bill in Congress, based on a religious liberty exemption that could have the potential interpreted too broadly. Here’s Zack Ford again:
The LGBT movement has also become increasingly divided over whether ENDA in its current form is worth pursuing. After two decades of failed consideration in Congress, the bill has been weakened by an exemption that would grant religious organizations unprecedented privilege to continue discriminating against LGBT people. A number of state groups and legal organizations have recently dropped their support for ENDA because they believe that the exemption goes too far and codifies into law the idea that LGBT identities are incompatible with faith. The executive order is thus an important step even if ENDA eventually passes.
BOTTOM LINE: Americans of any sexual orientation and gender identity should have the freedom to work and the right to equal treatment in the workplace. President Obama’s latest executive action is the biggest expansion of those rights in American history. There is more left to be done when it comes to giving all Americans equal protection, and Congress should follow the President’s lead by passing a federal law that ends unfair and discriminatory workplace practices that hurt LGBT workers and their families.
Resources on LGBT Workplace Discrimination:
- An Executive Order to Prevent Discrimination Against LGBT Workers
- A Broken Bargain: Discrimination, Fewer Benefits and More Taxes for LGBT Workers
- A One-Two Punch for Worker Protection: Both Federal Law and Executive Order Are Necessary
This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe.