House OKs Bill to Ban Workplace Discrimination for Sexual Orientation but Ignores Transgender Workers   by Mike Hall, Nov 8, 2007

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Legislation to ban workplace discrimination against millions of gay, lesbian and bisexual workers won approval from the U.S. House of Representatives last night  (235–184). Lawmakers called the legislation historic and long overdue. Says Rep. George Miller (D-Calif.):

This legislation was first introduced in the House in 1975, more than 30 years ago. In the last three decades, gay, lesbian and bisexual Americans have waged a courageous campaign for their workplace rights. They should not have had to wait so long for this vote. This discrimination has no place in American society.

But the bill does not include protections for transgender workers, an omission that makes the bill “deeply flawed,” according to Pride At Work, the AFL-CIO constituency group for lesbian, gay, bisexual and transgender (LGBT) workers.

In a statement released last night, the group says:

The passage this evening by the House of Representatives of a deeply flawed version of the Employment Non-Discrimination Act (ENDA) is deeply disappointing. Both the removal of gender identity protections for the bill and the incorporation of the language of the infamous Defense of Marriage Act (DOMA) into legislation that was supposed to free the LGBT community from discrimination are unacceptable to Pride at Work, the lesbian, gay, bisexual and transgender constituency group of the AFL-CIO.

Last month in a letter to House members, the AFL-CIO urged support for an amendment that would have included protections for transgender workers.

Today, throughout our country millions of gay, lesbian, bisexual and transgender Americans are without the protection of federal employment discrimination law. People who express their gender in ways that do not conform to traditional norms are regularly subject to severe discrimination and harassment, and are in particular need of anti-discrimination protection.

Rep. Tammy Baldwin (D-Wis.) offered a transgender amendment but withdrew it. She says: 

As in all movements, achieving success is a process, and today’s legislative accomplishment marks a milestone, but certainly not the end, of our quest. Some people have asked why I insisted on bringing an amendment to the floor, only to withdraw it without a vote. The reason is simple. Those left behind by this bill deserve to hear, on the floor of the House, that they are not forgotten and our job will not be finished until they, too, share fully in the American Dream.

The bill prohibits employers with 15 or more workers from firing, refusing to hire, demoting, refusing to promote or otherwise discriminating against workers on the basis of sexual orientation.

Sen. Edward Kennedy (D-Mass.) is expected to introduce a Senate non-discrimination bill. But if such legislation reaches the White House, President Bush says he will veto the job protection legislation. Says Rep. Phil Hare (D-Ill.):

President Bush has consistently shown indifference to our most vulnerable citizens—whether it’s uninsured children, veterans or discriminated minorities.

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