Okay…so here’s the thing – I’m not typically a political person at all…but I’m becoming more involved lately. I’ve also started adorning my “activist shoes” so to speak when it comes to raising awareness about issues that I believe effect a lot of people that are afraid or unable to speak for themselves – or are maybe even unaware or apathetic about what goes on around them. Here’s my latest HUGE issue.
Most people know that with regards to your workplace, there is a Federal Civil Rights Anti-Discrimination Law that prohibits discrimination in the workplace based on race, color, religion, national origin, or sex. But, did you know that “In 29 states across America, it is still legal to fire someone based on his or her sexual orientation, and in 38 states, it is still legal to fire someone for being transgender” (hrc.org). So, please explain to me why this seems okay to the federal government? Presently, there is a battle to pass a bill that is up for vote in the very near future in the U.S. Senate that would add sexual orientation and gender identity to these protections. It is called the “Employee Non-Discrimination Act”, ENDA. The passing of this bill is a big deal and it needs to happen. Frankly, I am shocked and appalled that there is no protection for these things already in this country.
Now comes my current problem that I want to make everyone aware of: I contacted TN State Congress Representative Phil Roe via e-mail encouraging him to support this bill. He responded a few short days later denying his endorsement and, instead, offering ridiculous reasons for his disapproval. Allow me to quote his e-mail which I find at it’s very core, disturbing:
“I have three fundamental problems with the so-called Employee Non-Discrimination Act – that would extend these protections to sexual orientation – and would therefore oppose it if it comes to the House floor. As you may know, this legislation passed the House in 2007 but has never been considered by the Senate.
First, the legislation interferes with the free exercise of religion, a principle that has been embedded in our laws since our country’s founding. The language in the bill is inconsistent with a religious exemption in Title VII of the 1964 Civil Rights Act. It is clear the bill’s drafters intended to create more federal interference for businesses, schools and community service organizations operated by religious institutions.
Second, the bill prohibits discrimination based on “actual or perceived sexual orientation.” Because there is no definition of “perceived” in the bill, employers are almost certain to see a flood of frivolous litigation flood our court system. This standard could be applied so broadly and loosely that employers will have a difficult time defending themselves.
Finally, provisions in the bill appear to be targeting states that prohibit same-sex marriage. Employers in states that prohibit same-sex marriage could not ask about marital status, despite a lack of evidence that such a prohibition is necessary. Since there is no explanation as to why only these states are prohibited from asking about marital status, it seems clear that the intention is to undermine the traditional definition of marriage.
Given that I am concerned the consequences of this bill have not been thoroughly examined, I cannot support a bill that could undermine freedoms that make our nation great.”
Now let’s review this, shall we?…
His first point that it interferes with freedom of religion. #1) I know plenty of “religious” gays and “religious” straight supporters. The extremist fundamentalists that rebuke the LGBT community are bigots and the fact that they are allowed to openly discriminate in the workplace is disgusting to say the least. #2) You already can’t discriminate against someone based on religion, so if they are protected, why isn’t the LGBT community?
His second point that the bill protects against “actual or perceived sexual orientation” presents a problem stating that it would flood the courts with “frivolous litigation”. Does anyone else see the problem here? He seems to have a problem with the fact that you can’t always tell an individual’s sexual orientation outright, and therefore, you should be able to deny them employment. Because, God forbid, you weren’t allowed to deny those individuals their basic rights, they could sue you. Well no crap. They should be able to sue if that is the reason that the employer’s decision is based on.
Lastly, his absurd third point that the traditional definition of marriage is being challenged and targeted. Let’s look at it this way…when filling out an employment application you almost aways get to the “marital status” question. He seems to find it offensive that, since gay people aren’t allowed to get married in most areas of the country, there might be issues with that question. Well guess what? Marital status should have nothing to do with whether or not you get hired, promoted, or even just treated with respect in your job.
One of the things that bothered me the most was his closing statement that the bill would “undermine the freedoms that make our nation great”. The fact that he is supporting some form of discrimination by denying this bill tells me that he knows nothing of what freedom in this nation is intended to be at all, and instead prefers to look at the world through a narrow-minded tunnel, ignoring the hurt he, and others like him, are causing.
I hope that everyone can take this for what is intended to be, which is my attempt at shedding light on an important issue that goes unnoticed to most people. I have been lucky enough to have never been faced with the difficult decision of how to express myself in the workplace. But, there are thousands of people everyday that have to endure this fear that they might be fired, or not hired in the first place because of their sexual orientation, gender identity, or both.
Thanks for taking the time to read this. I hope that you support ENDA as much as I do by forwarding this information along and withdrawing any support from state representative Phil Roe and others like him. Anyone that supports discrimination in any way is not a fit person to represent anyone.
~Daniel Lee Justice~
(and please note my last name…I like to think that I have that name for a reason)
P.S. Please take the time to click on the hyperlink below to learn more about this bill, and to have the opportunity to write to your representatives directly via e-mail encouraging the passing of ENDA.
PASS ENDA NOW
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