Five Reasons Why ENDA Must Pass

I sat in on a panel discussion this weekend at the Equality Forum entitled "After ENDA. What next?" Turns out that title was submitted many moons ago, on the optimistic whim of the panel members who figured that by the time May rolled around the fight to pass the Employment Non-Discrimination Act would have been long won. Not so much. The fight to pass ENDA marches on, and this time, it's serious. With mid-term elections approaching, it looks like do or die time for workplace equality.

The fight for employment equality conjures up images of sitting in a windowless office, under harsh flourescents, in uncomfortable work clothes with a pile of paperwork. It's not sexy, but it could be the most important battle we have to win right now.

Here are my top five reasons ENDA must pass now:

1. Company Non-Discrimination Policies Are a Bunch of Baloney

If you live in a state without its own non-discrimination policy on the books, but your company handbook says it's cool with gays, that doesn't guarantee you much. Or, as Greg Nevins of Lambda Legal put it, "If you've got two dollars and a company non-discrimination policy, you can get yourself a cup of coffee at Starbucks." All those hefty binders doled out by HR on your first day of work are full of good intentions that carry zero legal weight — most carry large disclaimers against contractual obligations or legal ramifications. Policies are just guidelines that you hope your company abides. While most companies will stick to these policies to save face, they aren't legal bound to not fire someone because of sexual orientation. ENDA grants that security to everyone, everywhere. Looking good, ENDA.

2. There are Currently Few Legal Consequences to Firing Someone Because They are Gay

The local and state laws that protect gays from workplace discrimination often times limit the legal recourse one can take for wrongful termination. Some ordinances ban a private cause of action — meaning you can't sue — while others levy a paltry fine of $500 to a company who violates the state or locality policy. Under ENDA, a person who believes they were fired by a revengeful homophobe would be able to bring a claim under the Equal Employment Opportunity Commission, triggering an investigation. So company bigwigs would have to come up with a reason, other than "I don't like gay people," as an explanation for the firing. And a successful claim would grant front pay, back pay, attorney's fees, compensation for emotional distress and possible reinstatement. ENDA, you're super hot.

3. Minorities are Disproportionately Affected by Workplace Discrimination

Florida has no statewide workplace discrimination protection. Neither do any of the states that touch Florida. Neither do any of the states that touch any of the states that touch Florida. Neither do any of the states that touch any of the states that touch any of the states that touch Florida. The moral? The ripple of crap in this country starts in Florida. Also, because those states are largely populated by African-Americans, gay African-Americans are more vulnerable to workplace discrimination than those of us who live in liberal capitals. ENDA would put an end to all of that. It can't make Florida tolerable, but it can sure make it tolerant. Well played, ENDA.

4. States Won't Do it By Themselves

Currently, there are 21 states (plus good old D.C.) with sexual orientation non-discrimination policies on the books. There are an addition 131 counties or localities with sexual orientation non-discrimination ordinances. The numbers for states and localities who protect against gender-identity discrimination is downright embarrassing. And while the state protection is awesome where you can get it, it sometimes only protects public employees and, see #2 above, often doesn't do much good after you've been canned. Plus, company policies are dictated by the state in which they are headquartered. So if you're company is based in Florida, and you live in NYC, you could be out of luck. And for those who live in counties with protection but travel to a different, discriminatory county for work, again, out of luck. ENDA would have your back, everywhere you go. It's pretty romantic.

5. People Need Jobs to Get By

This one is a no-brainer, but it's also the most important factor on this list. Job = food. Job = housing. Job = health care. Job = self-esteem. Job = economic stimulus. Job = survival. ENDA = job.

Every day we live without the passage of ENDA is another day the government turns a blind eye to accepted discrimination against gays and lesbians. And word on the street is, it has to pass before mid-term elections. The numbers are good, but they should be better.

Photo: extremeezine