[Congressional Record Volume 153, Number 173 (Thursday, November 8, 2007)]
[Senate]
[Page S14118]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                  ENDA

  Mr. KENNEDY. Mr. President, last night the House passed the 
Employment Non-Discrimination Act with a strong bipartisan vote. The 
House bill prohibits employers from discriminating against workers on 
the job because of their sexual orientation. It protects Americans from 
being fired, denied a job or promotion, or otherwise intentionally 
discriminated against because of their sexual orientation. Although the 
bill is narrower than many of us had hoped, the House action is still a 
main step in the long journey toward full civil rights for every 
American.
  In the Senate, I will work to move the Employment Non-Discrimination 
Act this Congress. The bill that the House passed is being held at the 
desk, and I am working with leadership to move this bill forward as 
quickly as possible.
  This Nation was founded on the principle of equal justice for all. 
That noble goal represents the best in America--that everyone should be 
treated fairly and should have the chance to benefit from the many 
opportunities of this country. The House action brings us closer to 
that goal.
  Forty-three years ago, President Lyndon Johnson signed into law the 
Civil Rights Act of 1964. At that time, some in our country were 
violently opposed to outlawing racial discrimination, and it was very 
difficult for Congress to reach a consensus. But the best in America, 
and the best in the Senate, prevailed. My first major speech in this 
body as a freshman Senator was on that Civil Rights Act. I said then 
that I ``firmly believe a sense of fairness and goodwill also exists in 
the minds and hearts'' of Americans, and that laws creating the 
conditions for equality will help that spirit of fairness win out over 
prejudice, and I still believe that today.
  Since the 1964 act was passed, we have seen enormous progress in this 
beloved Nation of ours. Civil rights laws giving national protection 
against discrimination based on race, national origin, gender, age, and 
disability have made our Country a stronger, better, fairer land. 
African Americans, Latinos, Native Americans, and Asians have made 
extraordinary advances in the workplace. People with disabilities have 
new opportunities to fully participate in our society. The workplace is 
far more open to women in ways that were barely imagined four decades 
ago. In countless businesses, large and small, glass ceilings are being 
shattered. Women and girls have far greater opportunities in the 
classroom and in the boardroom.
  But that progress has left some Americans out. Civil rights is still 
the Nation's unfinished business. Today, it is perfectly legal in most 
States to fire an employee because of sexual orientation or gender 
identity. Many hard-working Americans live every day with the knowledge 
that, no matter what their talents and abilities, they can be denied a 
job simply because of who they are. Many young students grow up knowing 
that no matter how hard they study, the doors of opportunity will be 
locked by prejudice and bigotry when they enter the workplace.
  Although some States have outlawed job discrimination based on sexual 
orientation and gender identity, in most of the country, workers have 
no recourse at all if they are fired because simply because of who they 
are. That is unacceptable, and we have a duty to fix it, and to do so 
on our watch.
  In the past 40 years, our Country has made great progress in 
guaranteeing fairness and opportunity.
  When we passed the Civil Rights Act of 1964, the Voting Rights Act of 
1965 and then the fair housing acts of 1968 and 1988, we took 
courageous steps, and we were proud that the Senate did the right thing 
each time. We must also do the right thing--the courageous thing--
today. In the 1960s, these laws were controversial. But today, none of 
us, Democrat, Republican, or Independent, would question that they were 
the right steps to take, and we must take the right steps today.
  Over the years, the Senate has recognized time and again the 
importance of our goal of equal employment opportunity. Even if we have 
sometimes disagreed about its proper interpretation, there is no 
division among us that the principle of equal employment opportunity is 
a core American value.
  That is what the Employment Non-Discrimination Act is all about--
equal job opportunities for all Americans. By extending the protection 
of title VII to those who are victimized because of their sexual 
orientation, we are moving closer to that fundamental goal. No one 
should be denied a job simply because of who they are.
  That ideal is at the heart of the Employment Non-Discrimination Act.
  In 1996, we fell one vote short of passing the bill in the U.S. 
Senate. In the decade since, public support for outlawing such 
discrimination has only grown stronger. Now that the House has acted, I 
hope that we will be able to finally succeed in the Senate in passing 
the Employment Non-Discrimination Act this Congress, and I look forward 
to the coming debate.
  America stands for justice for all. Congress must make clear that 
when we say ``all'' we mean all. America will never be America until we 
do.

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