Representative Barney Frank, yesterday introduced an inclusive version of the federal Employment Non-Discrimination Act (ENDA), bill in congress that would finally outlaw discrimination on the basis of sexual orientation and gender identity. The bill was joined by Reps. Tammy Baldwin and Jared Polis, and is said to have bipartisan support in Congress. In a press release issued by the National Black Justice Coalition (NBJC), an advocacy group for the rights of the black LGBT community, Interim Executive Director Dr. Sylvia Rhue was quoted as saying, "This long-awaited legislation would call on members of congress to take a meaningful stand to end workplace discrimination".


 

Amazingly it is currently legal to fire somebody based on their sexual orientation in 30 States, or if they are transgender in an even more astonishing 38 states in the union! Rep Barney Frank one of few openly gay Congressmen, who has been at the forefront of progressive legislation on workplace discrimination is probably emboldened by the current Democratic majorities in both houses of congress not to mention, a White House that is seen as progressive on the question of equality in the workplace. Furthermore, it must be even more so encouraging given that large majorities of Americans are supportive of such legislation to protect the LGBT community in the work place. Notably the 12 States and over 100 localities that currently carry laws that protect the LGBT community against workplace discrimination, do cover a good 40% of the population, but 30 States is still a shockingly high number of States, not to mention that even 1 State alone is still 1 too many. Anything less than federal law LGBT-inclusive protection against discrimination in the workplace is frankly unacceptable.

Statistics obtained from a Workplace Fairness Survey sponsored by Lambda Legal displayed a disturbing trend, revealing that 39% of respondents had experienced some form of discrimination or harassment in the workplace during the past five years because of their sexual orientation. The Williams Institute, in studies conducted between 1996 and 2006 in cities across both coasts as well as the Midwest, "found that up to 56% of transgender respondents were fired, 47% were denied employment, 31% were harassed verbally or physically in the workplace, and 19% were denied a promotion based on their gender identity." Given that statistics show that black men with college degrees have the job prospects equivalent to those of a white felon, according to CNN's Black in America, further legal job discrimination based on sexual orientation and gender identity, is undoubtedly going to disproportionately affect the black community to an even greater extent, which is why this is unquestionably a civil rights issue that should concern the black gay community in particular. NBJC Deputy Director and Connecticut State Representative Jason W. Bartlett pointed out that "Every day we hear stories of our Black LGBT brothers and sisters being discriminated against in the workforce. Being oppressed at your place of work and feeling powerless to do anything about it is unjust. This legislation will end a harsh reality for so many LGBT people of color. We all must mobilize to make this legislation the law in our country." I am personally hopeful that this legislation will pass easily during this congress, particularly given that it is said to have bi-partisan support. Further, I think that the President, stung by criticism from the Left on his record on gay rights will be eager to see this passed to help buffer some of the more stinging criticism. I am disappointed that he has not made any moves on Don't Ask Don't Tell, not to mention on marriage equality, but as Newsweek's Richard Wolfe pointed out, President Obama was never particularly strongly progressive with these issues which are of great importance to the gay community. Wolfe pointed out that those that are disappointed by Obama were either not listening or had chosen to believe what they wanted about the President, because he, in fact had always made it clear that he supported civil unions and not marriage equality. All that said, the president is clearly not impervious to the criticism coming form the gay lobby, which I believe is why he took the steps he did earlier this week in extending some benefits to the gay partners of federal employees, a move that Secretary Clinton had already made in her department at State by the way.