Congress Takes Key Step to Preserving ENDA

(Monday, October 01, 2007)
Washington, DC - Today, the National Stonewall Democrats noted the action taken by the United States House Committee on Education and Labor to postpone movement on a substitute bill that would not provide employment protections for workers based on gender identity. The substitute bill, H.R. 3685, was introduced as an alternative to the Employment Non-Discrimination Act.

"The step taken today by the committee to delay action on the substitute bill is a clear demonstration of the strength of grassroots organizing as exemplified by our members and thousands of advocates across the country," said Jon Hoadley, Executive Director. "We appreciate that the committee has responded to the needs of working Americans by affirming that they understand that a successful legislative strategy includes promoting an Employment Don-Discrimination Act that is inclusive of both sexual orientation and gender identity."

In response to the substitute bill, National Stonewall Democrats worked with allies such as the National Lesbian & Gay Task Force and the National Center for Transgender Equality to communicate the lesbian, gay, bisexual and transgender (LGBT) community's support for the original bill. As of today, more than 100 national and statewide LGBT groups signed on to the collaborative efforts to support the original ENDA.

Earlier today, National Stonewall Democrats launched NoSubstitutes.org as an online organizing response to the stripping of gender identity from the original bill. NoSubstitutes.org allows individuals to add their own name to that growing list of LGBT leaders who support including gender identity in the federal legislation. In addition to an online petition, the website provides Democrats with information and telephone numbers needed to contact lawmakers regarding ENDA.

"Our work isn't over until Congress passes, and the President signs, an Employment Non-Discrimination Act that protects all working Americans from discrimination based on sexual orientation or gender identity," said Hoadley. "We will continue to use NoSubstitutes.org to prove to Congress that Americans want the original ENDA passed."

Legal experts note that H.R. 3685 does not adequately address workplace protections. An analysis authored today by Lamda Legal revealed that the legislation not only fails to provide protections based on gender identity, but it remains deficient in its extension of protections based on sexual orientation. Lambda Legal noted that the substitute bill, unlike the original Employment Non-Discrimination Act, contains legal loopholes that would create deficiencies in its application.

The Employment Non-Discrimination Act (known as ENDA or H.R. 2015) would amend federal law to bar workplace discrimination on the basis of sexual orientation or gender identity. H.R. 3685 was introduced late last week as a substitute bill that would only extend employment protections on the basis of sexual orientation but not gender identity.

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National Stonewall Democrats is the only national organization of gay, lesbian, bisexual, and transgender Democrats, with more than 90 local chapters across the nation. NSD is committed to working through the Democratic Party to advance the rights of all people regardless of sexual orientation or gender identity.

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