[Congressional Record Volume 143, Number 81 (Wednesday, June 11, 1997)]
[Senate]
[Page S5547]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   EMPLOYMENT NON-DISCRIMINATION ACT

 Ms. MOSELEY-BRAUN. Mr. President, our Nation benefits when 
every citizen has the opportunity to contribute to the best of his or 
her ability to the economy, to the society, and to the country. 
Discrimination, in any form, prevents the utilization of all available 
talents and makes our future less bright than it could be--less bright 
than it should be. It is for this reason that I join my colleagues, 
Senator Kennedy, Senator Jeffords, and Senator Lieberman, in 
cosponsoring the Employment Non-Discrimination Act [ENDA].
  The Employment Non-Discrimination Act prohibits employment 
discrimination based on sexual orientation. It creates no special 
rights, or quotas, it merely ensures that gay and lesbian Americans 
have the same rights as every other American in the workplace.
  Employment discrimination impedes economic competitiveness, 
frustrates fairness, and obstructs opportunity.
  Employment discrimination impedes economic competitiveness for 
America's businesses. Our work force is what makes America strong. 
Discrimination only serves to lessen that strength. Many companies have 
already adopted their own antidiscrimination policies, recognizing the 
negative impact discrimination can have on their continuing 
competitiveness. These businesses understand that there is no place for 
discrimination as we transition into the 21st century's global 
workplace.
  Unfortunately, not all businesses understand this yet, and in 39 
States, employment discrimination based on sexual orientation is still 
legal. There are many documented cases highlighting the fact that 
discrimination in the workplace still occurs. Without national 
legislation to protect all Americans, cases of discrimination against 
gay men and lesbian women will continue to occur unchallenged and 
businesses, and thus our national economy, will continue to suffer.

  Employment discrimination is fundamentally unfair. Each of us should 
be allowed to fully participate in society, regardless of our gender, 
race, or sexual orientation. ENDA prohibits giving preferential 
treatment to any individual based on sexual orientation. Employers may 
not provide special treatment to gay men, lesbians, or heterosexuals. 
The bill provides that an employer may not use the fact of an 
individual's sexual orientation as the basis for positive or negative 
action against that individual in employment opportunities. Americans 
should not be promoted, nor should they be held back, by conditions 
that have nothing to do with merit, or talents and abilities.
  Employment discrimination obstructs opportunity for America's 
workers. If there is any objective that should command complete 
American consensus, it is ensuring that every American has the chance 
to succeed--and that, in the final analysis, is what this bill is 
about. No issue is more critical to our country, and nothing makes a 
bigger difference in a person's life than opening up opportunities.
  The basic principle we should keep in mind is that every American 
must have the opportunity to advance as far in their field as their 
hard work will take them. That is the American way. Gay and lesbian 
Americans should not have to face discrimination in the workplace, 
should not face dismissal, be denied promotions, or experience 
harassment, simply because of their sexual orientation.
  In endorsing the Employment Non-Discrimination Act in the 104th 
Congress the American Bar Association wrote:

       Over the years, and with some struggle, this nation has 
     extended employment discrimination protection to individuals 
     on the basis of race, religion, gender, national origin, age, 
     and disability. ENDA takes the next necessary step by 
     extending this same basic protection to another group that 
     has been vilified and victimized--gay men, lesbians, and 
     bisexuals. All workers, regardless of their sexual 
     orientation, are entitled to be judged on the strength of the 
     work they do; they should not be deprived of their livelihood 
     because of the prejudice of others.

  This is an eloquent statement of one of the fundamental tenets of the 
United States of America--equal opportunity for all. This Nation was 
founded by people fleeing prejudice and discrimination. ENDA continues 
that legacy.
  As a matter of fundamental fairness and because all workers should be 
entitled to legal protection and opportunity in the work force, I urge 
my colleagues to join me in supporting the Employment Non-
Discrimination Act.

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