Tuesday, April 15, 2014

Barack Obama's Unmet Promise on Discrimination


As I have noted before in posts, securing  workplace non-discrimination protections for LGBT individuals is high on my priority list.  Especially since I experienced first hand what it is like to suddenly find oneself unemployed simply because you're gay.  From my experience, we cannot trust businesses to do the right thing and even where some of the business owners are "friends," too often they turn out to be fair weather friends at best and will stand by silently as careers are ruined due to religious based bigotry or the cowardice of those who could object but fear "rocking the boat." Sadly, despite his promises to address employment discrimination injustices, Barack Obama has done nothing on this front.  Yesterday, the New York Times called on Obama to sign an executive order ENDA.  Here are editorial highlights:

President Obama has made repeated use of executive orders to advance the administration’s goals when Republicans in Congress refused to act. Last week, he signed two orders requiring modest but important steps by federal contractors to narrow the wage gap between female and male employees.

These useful measures made even more glaring his failure to honor a 2008 campaign pledge to ban discrimination by federal contractors based on sexual orientation or gender identity. A long-delayed measure to outlaw such discrimination by all employers, the Employment Non-Discrimination Act, cleared the Senate five months ago with Mr. Obama’s support, but House Republican leaders are in no hurry to follow suit. John Boehner, the House speaker, has said that a law against that sort of discrimination would be “frivolous.”

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.

[A]s the Human Rights Campaign rightly noted, an “executive order first issued by President Johnson still, today, provides important and unique protections for employees of federal contractors against discrimination based on race, sex, religion — despite the fact that Title VII of the Civil Rights Act of 1964 protects against such discrimination in workplaces across the country.” The group argues that even if the Employment Non-Discrimination Act were enacted, an executive order would be needed to provide the same range of remedies currently available to other protected categories of federal workers.

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.

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