President Obama to sign executive order banning LGBT discrimination by federal contractors

President Obama plans to sign an executive order protecting LGBT employees of federal contractors from discrimination.

Via press release:

“This is a major step forward in the struggle for freedom and justice for LGBTQ workers and their families. Now millions of people will have the economic security they need to provide for their families.

“Through his actions, the President has demonstrated again his commitment to ending discrimination. We thank all the organizations who have worked so hard to make this piece of history. This decision is good for LGBTQ people, good for our economy and good for America.

“Unfortunately, many of us who don’t work for federal contractors will still lack workplace protections. Now we must redouble our efforts for the urgent passage of state employment protections and strong federal legislation.”

From Chris Geidner at Buzzfeed:

The Obama administration has maintained in the past that the Employment Non-Discrimination Act (ENDA) is its preferred path for LGBT workplace protections, but Monday’s announcement signals an acknowledgement that, despite Senate passage last fall, the bill is not likely to move in the House this year.

From the Human Rights Campaign:

The executive order will prohibit companies that contract with the federal government from discriminating in employment based on sexual orientation and gender identity. Federal contractors employ more than 20 percent of the American workforce – 28 million workers — and collect around $500 billion in federal contracts every year. According to the Williams Institute, an executive order would protect 11 million more American workers from discrimination based on sexual orientation and up to 16.5 million more workers based on gender identity.

Notably, the proposed executive order will require Exxon Mobil Corporation, a top federal contractor that draws hundreds of millions annually in federal contracts, to provide non-discrimination protections to its LGBT employees and prospective hires. Yet ExxonMobil has consistently resisted these kinds of protections. Earlier this month, ExxonMobil’s shareholders voted for the 17th time to reject a policy that would prohibit discrimination against LGBT workers.

Vice-President Biden doesn’t see a “downside” to executive order banning anti-LGBT discrimination in workplace

Vice President Joe Biden says he sees no disadvantage to a presidential executive order banning anti-LGBT discrimination by federal contractors.

Could this be a prologue to the President issuing such an executive order?

Asked by The Huffington Post this week about his feelings on such an order, Biden said, “I don’t see any downside.” Activists have urged the president to issue such an order, saying it would provide protection to a large population of LGBT workers — all those working for companies doing business with the federal government — while antidiscrimination legislation remains pending in Congress. Obama has resisted so far, saying the legislative route is the better way to go.

Biden agreed that legislation is preferable, as it would cover a larger number of workers, but in saying there’s nothing to lose with an executive order, he may be dropping hints that the president is about to sign one — or perhaps providing the catalyst for him to do so.

Remember it was Biden’s statement of support for marriage equality two years ago that preceded Obama’s by just a few days.

Things that make you go “hmm…”

(source)

New York Times urges President Obama to issue executive order on employment discrimination

In an op-ed today, the New York Times urged President Obama to issue an executive order regarding LGBT employment discrimination as an opportunity to “lead by example:”

Mr. Obama said in November that workplace discrimination “needs to stop, because, in the United States of America, who you are and who you love should never be a fireable offense.” An executive order barring discrimination by federal contractors would extend badly needed job protections to more than 11 million employees who work in states that lack such protections and whose companies fail to provide them voluntarily, according to the Williams Institute at the U.C.L.A. School of Law.

What Mr. Obama needs to do is act on his principles and issue such an order, without the religious exemption that was put into the Senate bill to lure Republican votes. Challenged last week to explain the mystifying delay on this issue, Mr. Obama’s spokesman said that the president supported broader legislation and that its enactment by Congress would make an executive order “redundant.”

[snip]

The best way for Mr. Obama to advance the issue and prod the House to do the right thing is to lead by example, not by waiting.

Colorado Congressman Mike Coffman announces support for ENDA

Colorado Republican Mike Coffman threw his support behind the Employment Non-Discrimination Act today. He is the seventh House Republican to back the legislation that would make workplace discrimination based on sexual orientation illegal.

From Politico:

“I see this legislation as the workplace equivalent of the Golden Rule — do unto others, as you would have them do unto you,” Coffman told Politico. “In the workplace, in 2014, we should judge employees the way we would want to be judged — based on our qualifications, our contributions and by our character, period.”

The legislation passed in the Senate earlier this year.  Speaker of the House John Boehner has refused to bring the bill to the floor of the House for consideration.

LGBT advocacy group Freedom To Work cheered the support:

“We applaud Congressman Coffman for supporting the freedom to work without discrimination for all Americans,” said Christian Berle, the legislative director of Freedom to Work, who happens to be a Republican. “When I met with the Congressman to discuss this legislation, he impressed me with his conservative case for giving LGBT Americans a fair shot to contribute to our economy. He’s a strong conservative who understands that ENDA is good for business and the right thing to do.”

(via Advocate.com)

The current state of workplace protections for LGBT employees state by state

Lambda Legal has this handy dandy map to show what protections exist for LGBT employees in each state of the US as of today.  I’m proud to say my home state of Nevada has protections in the public and private sector for not only sexual orientation, but gender identity and/or gender expression as well.

The point of passing ENDA (Employment Non-Discrimination Act) in Congress is to protect employees in all fifty states.

From Lambda Legal:

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity.

In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination.

The Supreme Court has held that the EEOC’s interpretation of Title VII are entitled to “great deference.”

Vice President Joe Biden at HRC gala: “Pass ENDA Now!”

Vice President Joe Biden speaking last night at the HRC gala in Los Angeles:

“My grandkids, my children, and their kids are going to be shocked, it shocks the conscious that this very moment in American history, in some states, an employer can fire you just because of who you are, or who you love. It’s close to barbaric.

“I mean think about this, a man, no I really mean this. Imagine, imagine, 20 years from now, as America look back and say how in the hell could that have ever been allowed?

“The country’s moved on. The American people have moved on, it’s time for the Congress to move on, and pass ENDA.

“Pass ENDA now. Not tomorrow, now!”

You can watch his full remarks below:

US lawmakers urge President Obama to sign executive order banning LGBT discrimination in the federal workplace

A group of 195 Democratic U.S. lawmakers (148 House members and 47 Senators) has sent a letter to President Obama urging him to issue and executive order banning federal contractors from engaging in employment discrimination against LGBT Americans.

The executive order would apply only to federal contractors, but might send a positive signal nationwide.

No Republicans signed the letter including the 10 GOP senators who voted for ENDA last year.

You can read the letter below including the full list of lawmakers who endorsed the letter.

(via Towleroad)

ENDA sees support from wealthy GOP donors and office holders

LGBT activists are getting support for the Employment Non-Discrimination Act in Congress from some surprising allys – wealthy Republican donors and former office holders.

From The Advocate:

Republican billionaires Paul Singer and Seth Klarman have each donated $375,000 to Americans for Workplace Opportunity, a project of the Human Rights Campaign aimed at securing passage of ENDA, USA Today reports.

“America is a place where the freedom to be who you are shouldn’t be a barrier to your ability to get a job and provide for your family,” said Singer, according to USA Today. “In the workplace, employees should be judged on their merit and hard work and not on aspects that are irrelevant to their performance.”

In addition to the donations above, the HRC is contributing $1.3 million to help send activists into 48 Republican districts to do grassroots work to bring support to ENDA.

Although passed in the US Senate in November, the legislation is languishing in the House where Speaker Boehner says he has no plans to schedule a vote. The bill currently has 199 co-sponsors in the House. Boehner might have to reconsider his position if a majority – 218 – co-sponsor the legislation.

House Speaker John Boehner: Gays don’t face any discrimination in the workplace

House Speaker John Boehner addressed the issue of bringing ENDA to a vote in the House today.   Clearly the man is misinformed about LGBT employment rights:

“I am opposed to discrimination of any kind in the work place and any place else.

“But I think this legislation that I’ve dealt with as chairman of the Educational Workforce Committee long before I was back into leadership, is unnecessary and would provide a basis for frivolous lawsuits.

“People are already protected in the work place. So I am, I’m opposed to continuing this.

“Listen, I understand people have different opinions on this issue and I respect those opinions but it is someone who worked in this employment law area for all of my years in the statehouse and all of my years here, I see no basis or no need for this.”

(via JMG)