Discrimination bill advances

A bill banning workplace discrimination on the basis of sexual orientation or gender identity cleared a hurdle in the Senate this week, but Speaker John Boehner (R-Ohio) may block the proposal by refusing to let it come up for a vote by the House. Seven Republicans joined with Senate Democrats to overcome a filibuster against the Employment Non-Discrimination Act (ENDA), which would bar employers from firing, refusing to hire, or discriminating against workers based on their being lesbian, gay, bisexual, or transgender. The bill was last on the floor in 1996, when it failed to pass by just one vote. The crucial vote this week came from Nevada Republican Dean Heller, who said, “Discrimination must not be tolerated under any circumstance.” But as the bill advanced toward final passage, Boehner suggested an up-or-down vote was unlikely in the House. “The speaker believes this legislation will increase frivolous litigation and cost American jobs,” said his spokesman.

House Republicans should listen to their constituents, said Zoë Carpenter in The Nation. Nearly three quarters of Americans support ENDA—including most GOP supporters. In fact, 80 percent of those polled said they thought such workplace protections were already in place. How wrong they are: Half the states still offer no legal protection for LGBT workers, who are regularly discriminated against, “from earning less than their straight colleagues to being fired based on their sexual orientation.”

It’s perfectly fine to ban discrimination based on objective grounds, like “race, religion, sex, or national origin,” said Ralph Reed in USAToday.com. But expecting employers to adhere to “an often fluid standard” regarding sexual orientation and gender identity will only lead to endless litigation. Democrats only pushed this flawed measure toward the House—where they knew it would be “dead on arrival”—in order to make Republicans look “intolerant.”

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Actually, LGBT lawsuits are rare, said Marc Tracy in NewRepublic.com. Connecticut has had a discrimination law since 1991, and only 53 of the 1,740 employment-based complaints since then have dealt with sexual orientation. Of course, there’ll always be the occasional person who tries to “sue disingenuously.” But Americans have clearly decided to take that risk if it helps us to create “a society that doesn’t unjustly discriminate.”