[Congressional Record Volume 145, Number 91 (Thursday, June 24, 1999)]
[Senate]
[Pages S7596-S7600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS (for himself, Mr. Kennedy, Mr. Lieberman, Mr. 
        Chafee, Mr. Daschle, Mr. Specter, Mr. Dodd, Mr. Harkin, Ms. 
        Mikulski, Mr. Bingaman, Mr. Wellstone, Mrs. Murray, Mr. Reed, 
        Mr. Leahy, Ms. Landrieu, Mr. Reid, Mr. Wyden, Mr. Sarbanes, Mr. 
        Kerry, Mr. Inouye, Mr. Lautenberg, Mr. Robb, Mr. Cleland, Mr. 
        Moynihan, Mr. Schumer, Mr. Akaka, Mr. Durbin, Mrs. Boxer, Mr. 
        Torricelli, Mr. Kerrey, Mr. Levin, Mr. Feingold, Mr. Bryan, 
        Mrs. Feinstein, and Mr. Kohl):
  S. 1276. A bill to prohibit employment discrimination on the basis of 
sexual orientation; to the Committee on Health, Education, Labor, and 
Pensions.


               employment non-discrimination act of 1999

  Mr. JEFFORDS. Mr. President, I am delighted to be here today to 
introduce the Employment Non-Discrimination Act of 1999 (ENDA). I am 
here today because I believe that the principles of equality and 
opportunity should be applied to all Americans and that success at work 
should be based on performance, not prejudice.

  Unfortunately, qualified, hard-working Americans continue to be 
denied job opportunities based instead on sexual orientation. The 
Employment Non-Discrimination Act will help put an end to this 
insidious discrimination. By extending to sexual orientation the same 
federal employment discrimination protections established for race, 
religion, gender, national origin, age and disability, the Employment 
Non-Discrimination Act will further ensure that principals of equality 
and opportunity apply to all Americans.
  This bill is about fairness, this bill is about equality, this bill 
is about basic civil rights. This bill must pass this Congress.
  ENDA will achieve equal rights -- not ``special rights'' -- for gays 
and lesbians. This legislation prohibits preferential treatment based 
on sexual orientation. To remove any doubt, we have added language to 
expressly prohibit affirmative action on the basis of sexual 
orientation.
  ENDA does not require an employer to justify a neutral practice that 
may have a statistically disparate impact based on sexual orientation, 
nor provide benefits for the same-sex partner of an employee. Rather, 
it simply protects a right that should belong to every American, the 
right to be free from discrimination at work because of personal 
characteristics unrelated to successful performance on the job.
  We took a fresh look at ENDA and we have made a number of 
constructive changes this year. We have re-written the discrimination 
section to more closely track Title VII of the Civil Rights Act of 
1964. This new language has the benefit of 35 years of legal 
interpretation. Employers and courts alike understand this language and 
what is expected under it.
  One concern that we have heard repeatedly during past debates is that 
this language will create a tidal wave of litigation. In Vermont, one 
of 11 states to have enacted a sexual-orientation anti-discrimination 
law, the legal waters have been more like the Tidal Basin. In the 9 
years since the enactment of Vermont's law, Vermont's Attorney General 
has initiated only 25 investigations of alleged sexual orientation 
discrimination.
  Vermont is not unique. According to the GAO, none of the states with

[[Page S7597]]

ENDA-type laws have experienced a wave of litigation. Instead, these 
states have ensured that employees working within their borders cannot 
be discriminated against for being gay.
  As I have stated before, success at work should be directly related 
to one's ability to do the job, period. We first introduced ENDA in 
1994. Over the past six years, we have held hearings, listened to the 
concerns raised and revised this legislation to respond to those 
concerns. I am pleased to report that it was worth the effort because 
The Employment Non-Discrimination Act of 1999 is the best bill we have 
ever introduced. The time has come to make the Employment Non-
Discrimination Act the law of the land.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1276

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Employment Non-
     Discrimination Act of 1999''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to provide a comprehensive Federal prohibition of 
     employment discrimination on the basis of sexual orientation;
       (2) to provide meaningful and effective remedies for 
     employment discrimination on the basis of sexual orientation; 
     and
       (3) to invoke congressional powers, including the powers to 
     enforce the 14th amendment to the Constitution and to 
     regulate interstate commerce, in order to prohibit employment 
     discrimination on the basis of sexual orientation.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the Equal 
     Employment Opportunity Commission.
       (2) Covered entity.--The term ``covered entity'' means an 
     employer, employment agency, labor organization, or joint 
     labor-management committee.
       (3) Employer.--The term ``employer'' means--
       (A) a person engaged in an industry affecting commerce (as 
     defined in section 701(h) of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e(h))) who has 15 or more employees (as defined in 
     section 701(f) of such Act (42 U.S.C. 2000e(f)) for each 
     working day in each of 20 or more calendar weeks in the 
     current or preceding calendar year, and any agent of such a 
     person, but does not include a bona fide private membership 
     club (other than a labor organization) that is exempt from 
     taxation under section 501(c) of the Internal Revenue Code of 
     1986;
       (B) an employing authority to which section 302(a)(1) of 
     the Government Employee Rights Act of 1991 (2 U.S.C. 
     1202(a)(1)) applies;
       (C) an employing office, as defined in section 101 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1301) or 
     section 401 of title 3, United States Code; or
       (D) an entity to which section 717(a) of the Civil Rights 
     of 1964 (42 U.S.C. 2000e-16(a)) applies.
       (4) Employment agency.--The term ``employment agency'' has 
     the meaning given the term in section 701(c) of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e(c)).
       (5) Employment or an employment opportunity.--Except as 
     provided in section 10(a)(1), the term ``employment or an 
     employment opportunity'' includes job application procedures, 
     referral for employment, hiring, advancement, discharge, 
     compensation, job training, a term, condition, or privilege 
     of union membership, or any other term, condition, or 
     privilege of employment, but does not include the service of 
     a volunteer for which the volunteer receives no compensation.
       (6) Labor organization.--The term ``labor organization'' 
     has the meaning given the term in section 701(d) of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e(d)).
       (7) Person.--The term ``person'' has the meaning given the 
     term in section 701(a) of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e(a)).
       (8) Religious organization.--The term ``religious 
     organization'' means--
       (A) a religious corporation, association, or society; or
       (B) a school, college, university, or other educational 
     institution or institution of learning, if--
       (i) the institution is in whole or substantial part 
     controlled, managed, owned, or supported by a religion, 
     religious corporation, association, or society; or
       (ii) the curriculum of the institution is directed toward 
     the propagation of a religion.
       (9) Sexual orientation.--The term ``sexual orientation'' 
     means homosexuality, bisexuality, or heterosexuality, whether 
     the orientation is real or perceived.
       (10) State.--The term ``State'' has the meaning given the 
     term in section 701(i) of the Civil Rights Act of 1964 (42 
     U.S.C. 2000e(i)).

     SEC. 4. DISCRIMINATION PROHIBITED.

       (a) Employer Practices.--It shall be an unlawful employment 
     practice for an employer--
       (1) to fail or refuse to hire or to discharge any 
     individual, or otherwise to discriminate against any 
     individual with respect to the compensation, terms, 
     conditions, or privileges of employment of the individual, 
     because of such individual's sexual orientation; or
       (2) to limit, segregate, or classify the employees or 
     applicants for employment of the employer in any way that 
     would deprive or tend to deprive any individual of employment 
     opportunities or otherwise adversely affect the status of the 
     individual as an employee, because of such individual's 
     sexual orientation.
       (b) Employment Agency Practices.--It shall be an unlawful 
     employment practice for an employment agency to fail or 
     refuse to refer for employment, or otherwise to discriminate 
     against, any individual because of the sexual orientation of 
     the individual or to classify or refer for employment any 
     individual on the basis of the sexual orientation of the 
     individual.
       (c) Labor Organization Practices.--It shall be an unlawful 
     employment practice for a labor organization--
       (1) to exclude or to expel from its membership, or 
     otherwise to discriminate against, any individual because of 
     the sexual orientation of the individual;
       (2) to limit, segregate, or classify its membership or 
     applicants for membership, or to classify or fail or refuse 
     to refer for employment any individual, in any way that would 
     deprive or tend to deprive any individual of employment 
     opportunities, or would limit such employment opportunities 
     or otherwise adversely affect the status of the individual as 
     an employee or as an applicant for employment, because of 
     such individual's sexual orientation; or
       (3) to cause or attempt to cause an employer to 
     discriminate against an individual in violation of this 
     section.
       (d) Training Programs.--It shall be an unlawful employment 
     practice for any employer, labor organization, or joint 
     labor-management committee controlling apprenticeship or 
     other training or retraining, including on-the-job training 
     programs, to discriminate against any individual because of 
     the sexual orientation of the individual in admission to, or 
     employment in, any program established to provide 
     apprenticeship or other training.
       (e) Association.--An unlawful employment practice described 
     in any of subsections (a) through (d) shall be considered to 
     include an action described in that subsection, taken against 
     an individual based on the sexual orientation of a person 
     with whom the individual associates or has associated.
       (f) Disparate Impact.--Notwithstanding any other provision 
     of this Act, the fact that an employment practice has a 
     disparate impact, as the term ``disparate impact'' is used in 
     section 703(k) of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e-2(k)), on the basis of sexual orientation does not 
     establish a prima facie violation of this Act.

     SEC. 5. RETALIATION AND COERCION PROHIBITED.

       (a) Retaliation.--A covered entity shall not discriminate 
     against an individual because such individual opposed any act 
     or practice prohibited by this Act or because such individual 
     made a charge, assisted, testified, or participated in any 
     manner in an investigation, proceeding, or hearing under this 
     Act.
       (b) Coercion.--A person shall not coerce, intimidate, 
     threaten, or interfere with any individual in the exercise or 
     enjoyment of, or on account of such individual's having 
     exercised, enjoyed, or assisted in or encouraged the exercise 
     or enjoyment of, any right granted or protected by this Act.

     SEC. 6. BENEFITS.

       This Act does not apply to the provision of employee 
     benefits to an individual for the benefit of the domestic 
     partner of such individual.

     SEC. 7. COLLECTION OF STATISTICS PROHIBITED.

       The Commission shall not collect statistics on sexual 
     orientation from covered entities, or compel the collection 
     of such statistics by covered entities.

     SEC. 8. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.

       (a) Quotas.--A covered entity shall not adopt or implement 
     a quota on the basis of sexual orientation.
       (b) Preferential Treatment.--A covered entity shall not 
     give preferential treatment to an individual on the basis of 
     sexual orientation.
       (c) Orders and Consent Decrees.--Notwithstanding any other 
     provision of this Act, an order or consent decree entered for 
     a violation of this Act may not include a quota, or 
     preferential treatment to an individual, based on sexual 
     orientation.

     SEC. 9. RELIGIOUS EXEMPTION.

       (a) In General.--Except as provided in subsection (b), this 
     Act shall not apply to a religious organization.
       (b) Unrelated Business Taxable Income.--This Act shall 
     apply to employment or an employment opportunity for an 
     employment position of a covered entity that is a religious 
     organization if the duties of the position pertain solely to 
     activities of the organization that generate unrelated 
     business taxable income subject to taxation under section 
     511(a) of the Internal Revenue Code of 1986.

[[Page S7598]]

     SEC. 10. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; 
                   VETERANS' PREFERENCES.

       (a) Armed Forces.--
       (1) Employment or an employment opportunity.--In this Act, 
     the term ``employment or an employment opportunity'' does not 
     apply to the relationship between the United States and 
     members of the Armed Forces.
       (2) Armed forces.--In paragraph (1), the term ``Armed 
     Forces'' means the Army, Navy, Air Force, Marine Corps, and 
     Coast Guard.
       (b) Veterans' Preferences.--This Act does not repeal or 
     modify any Federal, State, territorial, or local law creating 
     a special right or preference concerning employment or an 
     employment opportunity for a veteran.

     SEC. 11. CONSTRUCTION.

       Nothing in this Act shall be construed to prohibit a 
     covered entity from enforcing rules regarding nonprivate 
     sexual conduct, if the rules of conduct are designed for, and 
     uniformly applied to, all individuals regardless of sexual 
     orientation.

     SEC. 12. ENFORCEMENT.

       (a) Enforcement Powers.--With respect to the administration 
     and enforcement of this Act in the case of a claim alleged by 
     an individual for a violation of this Act--
       (1) the Commission shall have the same powers as the 
     Commission has to administer and enforce--
       (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.); or
       (B) sections 302 and 304 of the Government Employee Rights 
     Act of 1991 (2 U.S.C. 1202 and 1220);

     in the case of a claim alleged by such individual for a 
     violation of such title, or of section 302(a)(1) of the 
     Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)), 
     respectively;
       (2) the Librarian of Congress shall have the same powers as 
     the Librarian of Congress has to administer and enforce title 
     VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
     in the case of a claim alleged by such individual for a 
     violation of such title;
       (3) the Board (as defined in section 101 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1301)) 
     shall have the same powers as the Board has to administer and 
     enforce the Congressional Accountability Act of 1995 (2 
     U.S.C. 1301 et seq.) in the case of a claim alleged by such 
     individual for a violation of section 201(a)(1) of such Act 
     (2 U.S.C. 1311(a)(1));
       (4) the Attorney General shall have the same powers as the 
     Attorney General has to administer and enforce--
       (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.); or
       (B) sections 302 and 304 of the Government Employee Rights 
     Act of 1991 (2 U.S.C. 1202 and 1220);

     in the case of a claim alleged by such individual for a 
     violation of such title, or of section 302(a)(1) of the 
     Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)), 
     respectively;
       (5) the President, the Commission, and the Merit Systems 
     Protection Board shall have the same powers as the President, 
     the Commission, and the Board, respectively, have to 
     administer and enforce chapter 5 of title 3, United States 
     Code, in the case of a claim alleged by such individual for a 
     violation of section 411 of such title;
       (6) a court of the United States shall have the same 
     jurisdiction and powers as the court has to enforce--
       (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e et seq.) in the case of a claim alleged by such 
     individual for a violation of such title;
       (B) sections 302 and 304 of the Government Employee Rights 
     Act of 1991 (2 U.S.C. 1202 and 1220) in the case of a claim 
     alleged by such individual for a violation of section 
     302(a)(1) of such Act (2 U.S.C. 1202(a)(1));
       (C) the Congressional Accountability Act of 1995 (2 U.S.C. 
     1301 et seq.) in the case of a claim alleged by such 
     individual for a violation of section 201(a)(1) of such Act 
     (2 U.S.C. 1311(a)(1)); and
       (D) chapter 5 of title 3, United States Code, in the case 
     of a claim alleged by such individual for a violation of 
     section 411 of such title.
       (b) Procedures and Remedies.--The procedures and remedies 
     applicable to a claim alleged by an individual for a 
     violation of this Act are--
       (1) the procedures and remedies applicable for a violation 
     of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e 
     et seq.) in the case of a claim alleged by such individual 
     for a violation of such title;
       (2) the procedures and remedies applicable for a violation 
     of section 302(a)(1) of the Government Employee Rights Act of 
     1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by 
     such individual for a violation of such section;
       (3) the procedures and remedies applicable for a violation 
     of section 201(a)(1) of the Congressional Accountability Act 
     of 1995 (2 U.S.C. 1311(a)(1)) in the case of a claim alleged 
     by such individual for a violation of such section; and
       (4) the procedures and remedies applicable for a violation 
     of section 411 of title 3, United States Code, in the case of 
     a claim alleged by such individual for a violation of such 
     section.
       (c) Other Applicable Provisions.--With respect to a claim 
     alleged by a covered employee (as defined in section 101 of 
     the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) 
     for a violation of this Act, title III of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall 
     apply in the same manner as such title applies with respect 
     to a claim alleged by such a covered employee for a violation 
     of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
       (d) Prohibition of Affirmative Action--Notwithstanding any 
     other provision of this section, affirmative action for a 
     violation of this Act may not be imposed. Nothing in this 
     section shall prevent the granting of relief to any 
     individual who suffers a violation of such individual's 
     rights provided in this Act.

     SEC. 13. STATE AND FEDERAL IMMUNITY.

       (a) State Immunity.--A State shall not be immune under the 
     11th amendment to the Constitution from an action in a 
     Federal court of competent jurisdiction for a violation of 
     this Act.
       (b) Remedies Against the United States and the States.--
     Notwithstanding any other provision of this Act, in an action 
     or administrative proceeding against the United States or a 
     State for a violation of this Act, remedies (including 
     remedies at law and in equity, and interest) are available 
     for the violation to the same extent as the remedies are 
     available for a violation of title VII of the Civil Rights 
     Act of 1964 (42 U.S.C. 2000e et seq.) by a private entity, 
     except that--
       (1) punitive damages are not available; and
       (2) compensatory damages are available to the extent 
     specified in section 1977A(b) of the Revised Statutes (42 
     U.S.C. 1981a(b)).

     SEC. 14. ATTORNEYS' FEES.

       Notwithstanding any other provision of this Act, in an 
     action or administrative proceeding for a violation of this 
     Act, an entity described in section 12(a) (other than 
     paragraph (4) of such section), in the discretion of the 
     entity, may allow the prevailing party, other than the 
     Commission or the United States, a reasonable attorney's fee 
     (including expert fees) as part of the costs. The Commission 
     and the United States shall be liable for the costs to the 
     same extent as a private person.

     SEC. 15. POSTING NOTICES.

       A covered entity who is required to post notices described 
     in section 711 of the Civil Rights Act of 1964 (42 U.S.C. 
     2000e-10) shall post notices for employees, applicants for 
     employment, and members, to whom the provisions specified in 
     section 12(b) apply, that describe the applicable provisions 
     of this Act in the manner prescribed by, and subject to the 
     penalty provided under, section 711 of the Civil Rights Act 
     of 1964.

     SEC. 16. REGULATIONS.

       (a) In General.--Except as provided in subsections (b), 
     (c), and (d), the Commission shall have authority to issue 
     regulations to carry out this Act.
       (b) Librarian of Congress.--The Librarian of Congress shall 
     have authority to issue regulations to carry out this Act 
     with respect to employees of the Library of Congress.
       (c) Board.--The Board referred to in section 12(a)(3) shall 
     have authority to issue regulations to carry out this Act, in 
     accordance with section 304 of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1384), with respect to 
     covered employees, as defined in section 101 of such Act (2 
     U.S.C. 1301).
       (d) President.--The President shall have authority to issue 
     regulations to carry out this Act with respect to covered 
     employees, as defined in section 401 of title 3, United 
     States Code.

     SEC. 17. RELATIONSHIP TO OTHER LAWS.

       This Act shall not invalidate or limit the rights, 
     remedies, or procedures available to an individual claiming 
     discrimination prohibited under any other Federal law or any 
     law of a State or political subdivision of a State.

     SEC. 18. SEVERABILITY.

       If any provision of this Act, or the application of the 
     provision to any person or circumstance, is held to be 
     invalid, the remainder of this Act and the application of the 
     provision to any other person or circumstance shall not be 
     affected by the invalidity.

     SEC. 19. EFFECTIVE DATE.

       This Act shall take effect 60 days after the date of 
     enactment of this Act and shall not apply to conduct 
     occurring before the effective date.

  Mr. KENNEDY. Mr. President, I am proud to stand with Senator 
Jeffords, Senator Lieberman, Congressman Frank, and Congressman Shays 
to announce the introduction of the Employment Non-Discrimination Act 
of 1999, which has over 30 co-sponsors in the Senate and over 150 co-
sponsors in the House of Representatives. Once this bill becomes law, 
it will ensure that all Americans have the opportunity to work without 
fear of reprisal because of their sexual orientation. It is the next 
important step for civil rights in America.
  This country has made great progress toward fairness and an end to 
bigotry in the workplace. Title VII of the Civil Rights Act of 1964 
ensures that Americans--without regard to their race, ethnic 
background, gender, or religion--have the opportunity to obtain and 
keep a job. The Minimum Wage guarantees a basic standard of living. The 
Family and Medical Leave Act guarantees that working men and

[[Page S7599]]

women can balance important family and employment responsibilities 
without fear of reprisal by their employer. The Americans with 
Disabilities Act establishes important protections for workers with 
disabilities.
  Now, Congress must take steps to achieve the same kind of fairness 
for gay men and lesbians who encounter blatant discrimination in the 
workplace. The Employment Non-Discrimination Act will accomplish that 
goal by prohibiting employers from using sexual orientation as a basis 
for hiring, firing, promotion, or compensation.
  The bill is important for what it does, as well as what it doesn't 
do. It does not require domestic partnership benefits. It does not 
authorize ``disparate impact'' claims. It does not apply to the Armed 
Services. It contains a broad exemption of religious organizations. It 
prohibits quotas and preferential treatment, and bars the EEOC from 
requiring the collection of statistical information on sexual 
orientation.
  A broad coalition of churches, businesses, and civil rights liberties 
organizations support the Employment Non-Discrimination Act. 68 percent 
of Americans from all regions of the country support its passage.
  The American people agree that workplace discrimination is wrong, and 
that clear protections are needed to prevent it. Some states already 
have such laws, and many businesses have policies similar to our 
proposal. But this patchwork of protection is inadequate. A national 
standard is essential for the protection of this basic right.
  The discrimination that exists today is a stain on our democracy.
  David Horowitz encountered this bigotry when he applied to be an 
Assistant City Attorney in Mesa, Arizona. He had graduated near the top 
of his law school class at the University of Arizona. While employed by 
a private law firm, he applied for a position with the City Attorney. 
He was not offered a position, but he was told he was the second 
choice. Six months later, he was called and interviewed for another job 
opening. The City Attorney asked David for references and told him 
that, ``I only ask for references when I'm ready to make someone an 
offer.'' In the interview, David told the City Attorney that he was 
openly gay, and the tone of the interview suddenly changed. David was 
told that his sexual orientation posed a problem, and three weeks later 
he received a rejection letter.
  What happened to David Horowitz was wrong, but he had no recourse 
under State or Federal law against this blatant discrimination. No 
American should be denied a chance to work because of prejudices. It is 
long past time to close this loophole in our civil rights law, and I 
urge the Congress to act this year to close it.
  Mr. LIEBERMAN. Mr. President, I am delighted to join with Senators 
Jeffords, Kennedy and over 30 of our colleagues as an original 
cosponsor of this important legislation, the Employment Non-
Discrimination Act of 1999. By guaranteeing that American workers 
cannot lose their jobs simply because of their sexual orientation, this 
bill would extend the bedrock American values of fairness and equality 
to a group of our fellow citizens who too often have been denied the 
benefit of those most basic values.
  Our nation's foundational document, the Declaration of Independence, 
expressed a vision of our country as one premised upon the essential 
equality of all people and upon the recognition that our Creator 
endowed all of us with the inalienable rights to life, liberty and the 
pursuit of happiness. Two hundred and twenty-three years ago, when that 
document was drafted, our laws fell far short of implementing the 
Declaration's ideal. But since that time, we have come ever closer, 
extending by law to more and more of our citizens--to African 
Americans, to women, to disabled Americans, to religious minorities and 
to others--a legally enforceable guarantee that, with respect to their 
ability to earn a living at least, they will be treated on their merits 
and not on characteristics unrelated to their ability to do their jobs.
  It is time to extend that guarantee to gay men and lesbians, who too 
often have been subject to incidents of discrimination and denied the 
most basic of rights: the right to obtain and maintain a job. A 
collection of one national survey and twenty city and state surveys 
found that as many as 44 percent of gay, lesbian and bisexual workers 
faced job discrimination in the workplace at some time in their 
careers. Other studies have reported even greater discrimination--as 
much as 68 percent of gay men and lesbians reporting employment 
discrimination. The fear in which these workers live was clear from a 
survey of gay men and lesbians in Philadelphia. Over three-quarters 
told those conducting the survey that they sometimes or always hide 
their orientation at work out of fear of discrimination.
  The toll this discrimination takes extends far beyond its effect on 
those individuals who must live in fear and without full employment 
opportunities. It also takes an unacceptable toll on America's 
definition of itself as a land of equality and opportunity, as a place 
where we judge each other on our merits, and as a country that teaches 
its children that anyone can succeed here as long as they are willing 
to do their job and work hard.
  This bill provides for equality and fairness--that and no more. It 
says only what we already have said for women, for people of color and 
for others: that you are entitled to have your ability to earn a living 
depend only on your ability to do the job and nothing else. In fact, 
the bill would even do somewhat less than it does for women and people 
of color, because it would not give gay men and women all of the 
protections we currently provide to other groups protected under our 
civil rights laws.
  Mr. President, this bill would bring our nation one large step closer 
to realizing the vision that Thomas Jefferson so eloquently expressed 
223 years ago when he wrote that all of us have a right to life, 
liberty and the pursuit of happiness. I urge my colleagues to join me 
in supporting this important legislation.
  Mrs. MURRAY. Mr. President, I am very pleased to join Senator 
Jeffords as he reintroduces the Employment Non-Discrimination Act. As 
before, I speak as a strong supporter of this legislation, because I 
have always believed that every single American deserves fair treatment 
under the law no matter his or her gender, race, religion or sexual 
orientation.
  As one of only a few women to ever serve in the United States Senate, 
and the first ever from Washington state, I understand what it means to 
be part of a group that seeks fairness and equal opportunity. I have 
never advocated for any special class, just equal treatment and 
protection under the law.
  Not long ago, many thought it would be impossible for women to serve 
in the Senate or an elected office of any kind. It was felt this was 
not a suitable occupation for a woman and that simply being a woman 
meant a person was incapable of meeting the demands of the job. These 
people alleged that women would somehow jeopardize the work done in the 
U.S. Congress. While these statements may seem impossible to believe 
today, they do illustrate what many women faced. However, to our 
country's benefit, these stereotypes were overcome. I am confident that 
none of my colleagues today would deny the tremendous contributions 
women have made here, in the House, in state and local government, and 
at every level of public service.
  People suffer when stereotypes based on fear or ignorance are used to 
justify discrimination. I do not believe elected leaders serve our 
country well if they deny any citizen equal opportunities and equal 
treatment under the law. A person's success or failure must depend on 
his or her qualifications, skills, efforts, and even luck. But, no one, 
I repeat, no one, should be denied opportunities because of race, 
gender, religion, age or sexual orientation. No one should endure 
discrimination such as many people have endured in the workplace 
because of sexual orientation.
  I am always disappointed to hear about cases of economic 
discrimination based solely on sexual orientation. It defies logic that 
in today's society any employer could refuse to hire an individual, 
deny them equal pay, or professional advancement and subject them to 
harassment simply because of their sexual orientation. Our country is 
based on the ideal of allowing equal opportunity and basic civil rights 
for all Americans, but we have not fully

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achieved this goal. The Employment Non-Discrimination Act will correct 
that wrong.
  As we would all agree, discrimination based on race, gender, ethnic 
origin, or religion is not just unfair, but illegal as well. ENDA would 
simply add sexual orientation to this list. It is written even more 
narrowly than current law for other areas of non-discrimination, 
because it does not allow positive corrective actions such as quotas or 
other preferential treatment. It simply says that a person cannot be 
unfairly treated in employment, based on his or her sexuality, whether 
that person is heterosexual or homosexual. Mr. President, this is a 
reasonable expectation. In fact, it has become a reality in nine 
states, including California, Massachusetts, and Minnesota, and in many 
local jurisdictions across the country. Also, many Fortune 500 
companies, such as Microsoft and IBM, have adopted their own non-
discrimination policies. Companies such as these recognize that it 
makes good business sense to value each and every one of their 
employees equally. It is time that our laws reflect these values as 
well.
  Not only do these companies and governments support a non-
discrimination policy in the workplace, but the public also supports 
ENDA by a wide margin, according to a bipartisan 1998 poll conducted 
for the Human Rights Campaign. This poll found that 58 percent of 
Americans support the Employment Non-Discrimination Act. This is 
compelling evidence that Americans are behind ENDA, support expanding 
these basic civil rights to all, and believe that everyone deserves 
these rights. They understand that our country will be a better place 
when discrimination based on sexual orientation in the workplace is put 
to an end.
  Mr. President, this is not about one group's protection at another's 
expense. This issue is still not about allowing a greater window for 
litigation, as opponents have previously argued. It is about common 
sense, common decency and our fundamental values as Americans.
  In the last Congress, we came within one vote of adopting this 
important, bipartisan legislation. I urge my colleagues now to support 
this measure so that we can continue our proud tradition of protecting 
basic civil rights and opportunity for all Americans. Let us join 
together to pass this bill so that our brothers and sisters, sons and 
daughters, friends and relatives will have protection against unjust 
discrimination. We have the opportunity to provide them with these 
basic civil rights now. I hope my colleagues will seize this 
opportunity to make our country the just, equal, and fair place it 
should be.
                                 ______