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ENDA to hit House floor Wednesday without Baldwin Amendment vote

by Nick Langewis

The latest version of the Employment Non-Discrimination Act (ENDA), HR 3685, will hit the House floor for a vote on Wednesday, November 7. This bill is a version of HR 2015, modified to remove language protecting employees based on gender identity and gender expression.

HR 3686, better known as the Baldwin Amendment, would add back the gender-based language removed from the original ENDA. While ten minutes will be allotted to debate this amendment, sources tell PageOneQ that it will be pulled from the floor and no vote will take place.

The Leadership Conference on Civil Rights and six other signatories have put their support behind HR 3685 in a letter to House representatives, despite the expected absence of federal level protections for transgender employees. The signatories urge support for what it believes can be accomplished for gay and lesbian workers this week, which is to vote on ENDA without the Baldwin Amendment, and look towards workplace protection for the entire LGBT community as it becomes politically possible to do so.

"With each significant step toward progress," the letter says, "the civil rights community has also faced difficult and sometimes even agonizing tradeoffs. We have always recognized, however, that each legislative breakthrough has paved the way for additional progress in the future. With respect to ENDA, we take the same view."

"This is the first essential step in a long struggle for LGBT equality," says Human Rights Campaign president Joe Solomonese. Solomonese, while expressing disappointment that this legislation is to move forward without protection based on gender identity, pledged to continue to dedicate resources of the organization to "working toward a law that includes all LGBT Americans."

The signatories in addition to the Leadership Conference on Civil Rights and the Human Rights Campaign are: The National Association for the Advancement of Colored People, National Education Association, National Employment Lawyers Association, Religious Action Center of Reform Judaism; and the American Federation of State, County, Municipal Employees.

Wade Henderson, President and CEO of the Conference, told PageOneQ that his organization supports the bill because "civil rights have always come in incremental steps."

"HRC has been actively supporting the non-inclusive bill since at least September," says Mara Keisling, Executive Director of the National Center for Transgender Equality. "They have been putting all their weight in Congress into moving the divisive bill and undercutting the efforts of hundreds of other LGBT organizations. It is refreshing to see them finally admit to what they have been doing all along."

The AFL-CIO continues to stand behind an October 23 letter urging House members to protect workers on the basis of sexual orientation and gender expression. "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 particularly in need of anti-discrimination protection."

"ENDA recognizes that an individual's sexual orientation has no bearing on that person’s ability to perform their job," writes the United Auto Workers. "In our view, this private matter should not be made the basis for any job related decisions by an employer. Employers should not be allowed to stigmatize an entire group of individuals based on this irrelevant criteria."

"All unions

are democratic organizations," says Jeremy Bishop, Executive Director of Pride at Work to PageOneQ, "and the leadership of the United Auto Workers has decided to support any version of HR 3685, including a bill that does not include gender identity. We know of two UAW locals who have gone on record disagreeing with their national organization, and Pride At Work looks forward to the important an continuing education of America's workers on the importance of full inclusivity in employment protections law."

Adds Bishop: "This struggle doesn't end tomorrow with the vote. In fact, it is just beginning."




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Originally published on Tuesday November 6, 2007.


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