[Congressional Record Volume 159, Number 155 (Monday, November 4, 2013)]
[Senate]
[Pages S7781-S7782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       EMPLOYMENT DISCRIMINATION

  Mr. REID. Mr. President, Springfield, MA, police officer Michael 
Carney fought for 2\1/2\ years to get his job back--and he won. After 
he took a medical leave of absence, Springfield officials refused to 
reinstate Officer Carney because the veteran officer had revealed he 
was gay. But Officer Carney was determined to return to the force. 
Because he lived in Massachusetts, one of only 17 States to protect 
employees against discrimination based on sexual orientation or gender 
identity, Officer Carney is now back on the job, serving and protecting 
the people of Springfield, MA. I am also pleased to say Nevada law also 
includes robust protections against this type of discrimination. 
Officer Carney testified before the House of Representatives in 2007 
and shared his story. This is what he said:

       I'm a good cop, but I have lost 2\1/2\ years of employment 
     fighting to get that job back because I am gay. I never would 
     have been able to do that had I not lived in Massachusetts or 
     one of the handful of other States that protect . . . 
     employees from discrimination.

  Sadly, not everyone is able to fight back like Officer Carney. In 33 
States, lesbian, gay, bisexual, and transgender people can be fired and 
harassed just for being who they are.
  West Virginia coal miner Sam Hall was terrorized by his coworkers for 
7 years because he was gay. Mr. Hall just wanted to make a living, but 
supervisors told him he would have to endure the persecution if he 
wanted to keep his job. West Virginia is one of 33 States with no 
protections against this type of oppression. That is why I so admire 
Joe Manchin for recognizing that this is an issue which is important to 
everyone.
  A patchwork of State laws that excludes tens of millions of Americans 
from basic protection against discrimination is simply not good enough. 
It is time for Congress to pass a Federal law so that all Americans, 
regardless of where they live, can go to work unafraid to be who they 
are. As long as hardworking, qualified Americans can be denied job 
opportunities, fired or harassed because of their sexual orientation or 
gender identity, all workers are at risk.

[[Page S7782]]

  This week the Senate will begin debate on the Employment Non-
Discrimination Act, which would simply afford all Americans the same 
protections from discrimination based on prejudice. In fact, 4 out of 5 
Americans mistakenly believe that these protections already exist. Two-
thirds of Americans, including a majority of Republicans, support 
Federal protections against discrimination based on sexual orientation 
and gender identity in the workplace. Once again, Republicans in 
Congress are out of step with Republicans in the rest of the country. 
House Speaker John Boehner this morning said he does not support this 
legislation, but the Speaker should take his cue from the 56 percent of 
Republicans nationwide who support ENDA and bring this legislation up 
for a vote.
  Corporations also agree nondiscrimination policies are good for 
business. Most Fortune 500 companies already prohibit this kind of 
persecution, and more than 100 of the nation's largest businesses, more 
than 80 national civil rights, labor, religious, civic, and 
professional organizations, and faith leaders from many denominations 
have spoken in support of the Employment Non-Discrimination Act.
  But there is more, much more, and a more important reason to support 
this legislation than popular support. It is the right thing to do. 
Here is what Harvey Milk, the murdered California politician and gay 
rights activist once said:

       It takes no compromise to give people their rights. . . . 
     It takes no money to respect the individual. It takes no 
     political deal to give people freedom. It takes no survey to 
     remove repression.

  All Americans, regardless of what they look like, where they live or 
who they choose to love, deserve to be treated with the same respect 
and dignity while they earn a living. An employee should not be judged 
on matters that really are unimportant. We are talking about fairness. 
Employees should be judged on the quality of their work and on their 
talents and performance, and not on their sexual orientation or gender 
identity.
  I urge my colleagues to vote tonight supporting the legislation that 
81 percent of Americans approve, to begin debate on a bill that would 
affirm the equal rights and freedoms of every American and to do so 
simply because it is the right thing to do.

                          ____________________