WASHINGTON -- Hoping to get a lift from the changing tides on gay
marriage, a bipartisan group of senators introduced legislation Thursday
that would ban job discrimination based on sexual orientation or gender
identity.
The Employment Non-Discrimination Act, or ENDA, has been introduced
in Congress regularly since the mid-1990s without ever being passed. But
given the public discussion on gay rights over the past year, Sen. Jeff
Merkley (D-Ore.), a co-sponsor, told HuffPost he thinks the bill has
about as good a shot as ever in the Senate.
"There's a growing recognition that discrimination is wrong" against
lesbian, gay, bisexual and transgender people, Merkley said Thursday.
"The same concept that's driving the marriage debate will help drive
success on employment discrimination."
Gay marriage now has support from all but three Democratic senators
-- Sens. Mary Landrieu (La.), Mark Pryor (Ark.) and Joe Manchin (W.Va.)
-- as well as Republican Sens. Mark Kirk (Ill.) and Rob Portman (Ohio).
ENDA would bar companies from factoring sexual orientation or gender
identity into employment decisions. Employers are already prohibited by
federal law from discriminating over race, religion, age, gender or
disability. The proposal exempts businesses with fewer than 15 employees
as well as religious organizations.
For the ENDA bill, Merkley's co-sponsors include Democratic Sens. Tom
Harkin (Iowa) and Tammy Baldwin (Wis.), as well as Kirk and fellow
Republican Susan Collins (Maine). A companion bill has been introduced
in the House by Reps. Jared Polis (D-Colo.) and Ileana Ros-Lehtinen
(R-Fla.).
According to the Human Rights Campaign,
21 states and the District of Columbia already have ENDA-style laws on
their books for sexual orientation, while 16 states and D.C. include
such laws for gender identity. Many companies have already put such
policies in place voluntarily.
Harkin, who chairs the Senate
Committee on Health, Education, Labor and Pensions, has said he plans to
mark up the bill this year. It's doubtful, however, that the
legislation will become a priority in the GOP-controlled House.
ENDA nearly became law in 1996, two years after it was first introduced. In the end, it fell one vote shy in the Senate, 50-49, days before the Defense of Marriage Act was signed into law. It hasn't come as close since.
Merkley noted that the narrow 1996 defeat came in an up-down vote, at
a time when the filibuster was used less frequently. ENDA would now
almost certainly have to reach 60 votes.
"It's a very good example of how the Senate has changed, from simple
majority votes to being a super-majority body," Merkley said. "I feel
extremely positive about our chances, but we'll have to do it at a
higher standard."
