Monday, March 24, 2014

Still No Progress on ENDA Executive Order





While same sex couples are seemingly making steady progress on the gay marriage front, the same cannot be said for workplace non-discrimination protections.  It remains perfectly legal in 29 states to fire LGBT employees at will and the employees have no legal recourse.  NONE. ZERO.  And at the federal level, the Employment Non-Discrimination Act remains dead in Congress thanks to the GOP controlled House of Representatives. Meanwhile, at the White House, despite calls from 200 members of Congress, Barack Obama continues to resist signing an ENDA executive order that would apply to government contractors. The Washington Blade looks at the situation.  Here are excerpts:

Despite a letter this week signed by nearly 200 congressional Democrats calling on President Obama to take administrative action on behalf of LGBT workers, White House Press Secretary Jay Carney had no updates Wednesday on a potential executive order barring anti-LGBT discrimination among federal contractors.

Under questioning from the Washington Blade, Carney reiterated the position he’s stated numerous times that Obama is focused on passing the Employment Non-Discrimination Act through Congress as a means to protect LGBT workers.

“The fact is that legislation, which has moved in the Senate, if it were to be passed by the full Congress and signed into law would have the greatest benefit when it comes to ensuring the rights of LGBT individuals,” Carney said.

Blade: But what makes you think that legislation should be the only course of action if lawmakers in Congress are saying that the president should issue an executive order as they pursue legislation?

Carney: Again, Chris, I just don’t have any new information to provide to you about our views on this, which we have discussed many times. There is no question, I think, in anyone’s mind that the passage of legislation, the Employment Non-Discrimination Act, would provide those protections broadly in a way the EO would not.

And as I’ve said before, opposition to that legislation is contrary to the tide of history and those lawmakers who oppose this will find, in the not too distant future, that they made a grave mistake and that they will regret it.

Blade: One last very important question on this. The letter takes note that “time is of the essence” because after an executive order is signed, full implementation will require a process that last many months, if not longer. Do you deny there’s a limited time for the president to exercise this option before time’s up at the end of his administration?

Carney: Chris, I’m not even sure there’s a question there, but I’ll point you to my previous answer.
Meanwhile, people continue to be fired  daily and have their lives turned upside down It is time for Obama to stop the double talk and sign an executive order.  This is a very important issue to me since I was forced out of a law firm for being gay and destroyed financially.  The vast majority of Americans support such employment protections yet Obama refuses to act.

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