[Congressional Record Volume 153, Number 173 (Thursday, November 8, 2007)]
[Extensions of Remarks]
[Pages E2365-E2366]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROVIDING FOR CONSIDERATION OF H.R. 3685, EMPLOYMENT NON-DISCRIMINATION 
                              ACT OF 2007

                                 ______
                                 

                               speech of

                        HON. SHEILA JACKSON-LEE

                                of texas

                    in the house of representatives

                      Wednesday, November 7, 2007

  Ms. JACKSON-LEE of Texas. Madam Chairman, I rise today in strong 
support of H.R. 3685, the Employment Non-Discrimination Act of 2007, 
introduced by my distinguished friend and colleague Representative 
Frank. This important legislation extends the basic civil rights that 
we, as Americans, enjoy and cherish, to millions of gay, lesbian, and 
bisexual citizens.
  This legislation also fulfills the vision and promise of our Founding 
Fathers who in the ``Declaration of Independence'' proclaimed: ``We 
hold these truths to be self-evident, that all men are created equal, 
that they are endowed by their Creator with certain unalienable Rights, 
that among these are Life, Liberty and the pursuit of Happiness.'' This 
legislation ensures that all of America's citizens inalienable rights 
to life, liberty and the pursuit of happiness are protected.
  The Employment Non-Discrimination Act of 2007 will make it illegal to 
fire, refuse to hire, or otherwise discriminate against employees 
simply based on their perceived or actual sexual orientation.
  I would like to thank my colleague, Mr. Frank, for introducing this 
important legislation, as well as for his ongoing leadership on this 
issue. I would also like to thank Chairman Miller, of the Education and 
Labor Committee, for bringing this legislation to the floor. Madam 
Speaker, today marks a historic occasion. This bill has been introduced 
in every Congress since 1975, and the October 18th vote in the 
Education and Labor Committee to report this legislation to the floor 
was the first vote ever taken on this legislation in the House of 
Representatives.
  Madam Chairman, we live in a Nation that has long prided itself on 
predicating success on merit and hard work. In recent decades, we have 
fought to create a level playing field, to allow women, African 
Americans, and other minorities to compete in the workplace. In 
addition to employment legislation, we have worked to eliminate 
discrimination against members of minority groups. Earlier this 
Congress, we passed a landmark piece of hate crimes legislation, which 
crucially included crimes motivated by prejudice of sexual orientation.
  H.R. 3685 speaks to our Nation's core values of equality and justice. 
There are currently no Federal laws prohibiting discrimination on the 
basis of sexual orientation. This means that in the 30 States that have 
not enacted State legislation to this effect, employers may make 
critical personnel decisions, including firing, refusing to hire, 
demoting, or refusing to promote employees solely based on the sexual 
orientation of the individual.
  Madam Chairman, I strongly believe that employees should be hired or 
fired on the basis of their merits. Their jobs should not be threatened 
because of sexual orientation. Many U.S. companies have recognized that 
it is in the interest of U.S. companies, as well as U.S. citizens, to 
make employment decisions based on qualifications and job performance. 
Ninety percent of Fortune 500 companies now include sexual orientation 
in their nondiscrimination policies. Many major American companies, 
including General Mills, Microsoft, Citibank, and Morgan Stanley, have 
expressed their strong support for legislation outlawing discrimination 
on the basis of sexual orientation. In addition, a May 2007 Gallup poll 
clearly indicated that non-discrimination on the basis of sexual 
orientation is broadly supported by the American people, with 89 
percent of participants stating that they support equal treatment for 
gays and lesbians in determining employment opportunities.
  However, anti-gay discrimination persists in the workplace. According 
to a 2005 survey, a quarter of gay, lesbian, or bisexual individuals 
disagreed with a statement that most employers in their area would hire 
openly gay, lesbian, or bisexual people. A 2007 study found

[[Page E2366]]

that 16 percent of gay and lesbian individuals reported being fired 
from or denied a job because of their sexual orientation. A study 
recently released by the Journal of Applied Psychology found that 37 
percent of gay and lesbian workers, across the United States, have 
faced discrimination based on sexual orientation. 10 percent indicated 
they had been physically harassed, while 22 percent had been verbally 
harassed. Nearly 20 percent stated that they had resigned from a job or 
been fired as a result of discrimination based on sexual orientation. 
This is precisely why I believe that this Congress must act today, to 
protect the fundamental rights of all American workers.
  H.R. 3685, the Employment Non-Discrimination Act of 2007 (ENDA), 
contains many important provisions that will make important strides 
toward ensuring workplace equality for all Americans. This legislation 
prohibits employers, employment agencies, and labor unions from using 
the sexual orientation of an individual as the basis for employment 
decisions, including hiring, firing, promotion, and compensation. It 
extends Federal protections already guaranteed to individuals based on 
race, religion, sex, national origin, age, and disability to gay, 
lesbian, and bisexual works.
  This legislation applies to private sector employers with 15 or more 
employees, as well as employment agencies, labor organizations, joint 
labor-management committees, Congress, and federal, state, and local 
governments. It authorizes the same enforcement powers, procedures, and 
remedies provided under existing Federal employment discrimination laws 
such as Title VII and the Americans with Disabilities Act.
  Today's bill could go further. It could, and in my opinion should, 
also extend protections to individuals on the basis of gender identity. 
However, I believe that it is an important and significant step 
forward, and I look forward to working with my colleagues to enact 
fully inclusive legislation, to ensure that all Americans will 
ultimately be protected from workplace and employment discrimination.
  I am pleased to support the amendment offered by my colleague, Mr. 
George Miller. This amendment clarifies the religious exemption under 
ENDA, addressing concerns raised by some religious schools. It makes 
explicitly clear that religious organizations are given an identical 
exemption, under ENDA, to the one found in Title VII of the Civil 
Rights Act of 1964. This provision exempts religious corporations, 
schools, associations, and societies from religious discrimination 
claims. Mr. Miller's amendment clarifies that both denominational and 
non-denominational religious schools qualify for exemption from ENDA. I 
thank my colleagues who joined me in supporting this amendment.
  In addition, I would also like to express my support for the 
amendment offered by my colleague, Ms. Baldwin, and my disappointment 
that it was not adopted. This amendment would have expanded ENDA's 
protections to persons discriminated against based on gender identity, 
defined as the gender-related identity, appearance, or mannerisms or 
other gender-related characteristics of an individual, with or without 
regard to the individual's designated sex at birth. This amendment 
highlighted the activism and dedication of individuals such as Phyllis 
Randolph Frye, a lawyer in Houston who has struggled for the rights of 
transgender people for decades. Further, the language included in 
Representative Baldwin's amendment addresses concerns of shared 
facilities, dress, and grooming standards, stating explicitly that the 
construction of additional facilities is not required. If this 
legislation is to truly achieve its goals of equal treatment for all 
Americans, this amendment is tantamount to that success. I therefore 
strongly hope that my colleagues will join me in enacting this 
amendment in the future.
  Furthermore, I oppose the motion to recommit on the grounds that it 
was designed to either permanently derail or at least delay this 
historic legislation. In addition, the motion to recommit was regarding 
the definition of marriage, which is utterly separate from workplace 
discrimination.
  Madam Chairman, this non-discrimination legislation is good for 
America: it benefits American citizens and American companies. Non-
discrimination protects the civil rights of individuals, and it has 
proven good for business in some of our nation's most successful 
businesses. Our nation is built on the ideals of hard-work and 
equality, key values that are enshrined in today's legislation.
  I urge my colleagues to join me in supporting this legislation, and 
in ensuring that all American workers enjoy basic employment 
protections.

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