[Congressional Record Volume 159, Number 155 (Monday, November 4, 2013)]
[Senate]
[Pages S7790-S7793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                   Employment Non-Discrimination Act

  Mr. KIRK. Madam President, I have been silent for the last 2 years 
due to having a stroke a little under 2 years ago. I have come to speak 
because I believe so passionately in the ENDA statute. This is not a 
major change to law. It is already law in 21 States.
  I think it is particularly appropriate for an Illinois Republican to 
speak on behalf of this measure, in the true tradition of Everett 
McKinley Dirksen and Abraham Lincoln, men who gave us the 1964 Civil 
Rights Act and the 13th Amendment to the Constitution.
  With that, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. GRASSLEY. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. Madam President, would I be in order to speak about 
judges who are going to be voted on?
  The PRESIDING OFFICER. The Senator would be in order.
  Mr. GRASSLEY. Madam President, I rise in support of the nominations 
of Debra M. Brown to be U.S. district judge for the Northern District 
of Mississippi and Gregory Howard Woods to be U.S. district judge for 
the Southern District of New York.
  Before we vote on these nominations, I want to inform my fellow 
Senators and the American people once again on the excellent progress 
we have made on nominations and the fair treatment of President Obama's 
nominees. With these confirmations today, the Senate will have 
confirmed 38 lower court article III judicial nominees this year.
  Despite what I frequently hear--that this President is being treated 
differently than President Bush--President Obama is clearly ahead of 
where President Bush was at a similar timeframe, meaning at this time 
in his second term. The 38 confirmations this year is more than 2\1/2\ 
times the number confirmed at a similar stage in President Bush's 
second term, when only 14 judicial nominees had been confirmed. In 
fact, for the entire fifth year of President Bush's term, only 21 lower 
court judges were confirmed. Again, in President Obama's fifth year we 
will have confirmed 38 nominees after today's votes.
  In addition to the robust pace of activity on the floor, the 
committee has had an aggressive schedule of hearings and business 
meetings taking action on many more nominees. In total, the Senate will 
have confirmed 207 lower court article III judges. We have voted 
against three nominees. So 207 to 3 being defeated is a success rate 
for the President of 99 percent of his nominees. I think that is a 
pretty outstanding record not just for President Obama but for any 
President. So I reject the continuing rhetoric regarding how 
Republicans are obstructing President Obama's judicial nominees.
  Again, I congratulate the nominees on their anticipated 
confirmations.
  Debra M. Brown is nominated to be United States District Judge for 
the Northern District of Mississippi. She received her B.Arch. from 
Mississippi State University in 1987. She worked as an associate in 
architectural firms until starting law school in 1994. She received her 
J.D. from University of Mississippi School of Law in 1997. Upon 
graduation, she joined Phelps Dunbar LLP as an associate, focusing on 
commercial litigation primarily in the financial and insurance context 
representing commercial clients such as banks, mortgage companies, 
property and casualty insurers and commercial property managers. She 
became partner in 2004, and handled matters concerning construction-
related litigation for construction sureties, general contractors and 
some subcontractors. In 2012, she moved to Wise Carter Child & Caraway, 
P.A. There, she continues to handle construction litigation, as well as 
representation of owners in construction matters, and representation of 
hospitals and medical providers in the context of employment law and 
medical malpractice. She has participated in 12 trials, two as sole 
counsel, and one as chief counsel.
  The ABA has given Ms. Brown a rating of ``Unanimous Qualified''.
  Gregory Howard Woods is nominated to be United States District Judge 
for the Southern District of New York. He received his B.A. from 
Williams College in 1991 and his J.D. from Yale Law School in 1995. 
After graduating from law school, Mr. Woods joined the Department of 
Justice as a trial attorney in the civil division. While at DOJ, his 
practice included investigating and litigating cases under the False 
Claims Act. In 1998, Mr. Woods joined Debevoise & Plimpton as an 
associate and was made an equity partner in 2004. At Debevoise & 
Plimpton his practice was focused almost exclusively on corporate 
transactional law. As a partner, he devoted his practice principally to 
finance and restructuring matters.
  In August 2009 he was named Deputy General Counsel for the Department 
of Transportation. In 2012, after Senate confirmation, he was appointed 
by President Obama to be General Counsel of the Department of Energy.
  The ABA has given Mr. Woods a rating of ``Majority Qualified, 
Minority Well Qualified''.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Madam President, I won't go on so much on the numbers, but 
I did hear my friend say there is a question whether President Obama 
has been treated differently than President Bush. I would note that 
when President Bush nominated John Roberts for the ninth seat to the DC 
Circuit, he was confirmed by every single Republican and Democrat 
voting for him.
  Patricia Millett, with exactly the same credentials as he for the 
Ninth seat, was filibustered by the Republicans. Were they treated 
differently? Yes. That happened last week, so it is fresh in our 
memories. But I wish to talk about a different issue.
  Today, Senators are finally going to have a chance to cast their vote 
and put on the record where every Senator stands on the fundamental 
issue of fairness. The Employment Non-Discrimination Act will help 
bring this great Nation one step closer to the goal of equal rights for 
all Americans.
  I have long believed that American workers should be evaluated based 
on how they perform, not on irrelevant considerations such as gender, 
race, gender identity, or sexual orientation, but on how they do the 
job. If they do the job, they ought to be praised for it. In these 
difficult economic times, ensuring equal protection in the workplace is 
even more critical. We have to do better. We shouldn't question if 
people should be treated the same in the workplace, but that is what 
has happened in parts of this country. Maintaining the status quo would 
keep in place a system that supports a second class of workers in a 
majority of States. This runs counter to the values on which America 
was founded. It has to end.
  The Employment Non-Discrimination Act would prohibit workplace 
discrimination and make it illegal to fire, refuse to hire, or refuse 
to promote employees simply based on an individual's sexual orientation 
or gender identity. Currently, Federal law protects against employment 
discrimination on the basis of race, gender, religion, national origin, 
or disability--as it should. But it doesn't stop discrimination based 
on sexual orientation or gender identity. It is long overdue for 
Congress to extend these protections to all American workers.
  I am a native of Vermont. I am proud to represent the State of 
Vermont, as I have for almost four decades, in this body. One reason I 
am proud to represent Vermont is our State has led the country on so 
many civil rights issues. Vermonters believe in individual rights, in 
fairness, and in equality. More than two decades ago, our State of 
Vermont added sexual orientation to the list of protected categories in 
its antidiscrimination employment law, and Vermont expanded its 
protections to include gender identity protection 6 years ago. Yet in 
29 States, an employer can fire employees based on

[[Page S7793]]

their sexual orientation, and in 33 States, they can be fired based on 
their gender identity. This is not right. I might also point out, 
Vermont has one of the lowest unemployment rates of any State in the 
country.
  Many employers have taken this issue into their own hands, making up 
for Congress's inaction by implementing important antidiscrimination 
policies. As of April of this year, 88 percent of the Fortune 500 
companies had nondiscrimination policies that included sexual 
orientation, and 57 percent had policies including gender identity.
  I wish to mention two Vermont companies in particular, Fletcher Allen 
Health Care and Green Mountain Coffee Roasters, for showing real 
leadership on this issue; they banned discrimination in the workplace 
based on gender identity and sexual orientation.
  I also applaud companies such as IBM, Microsoft, General Electric, 
and Time Warner for doing the right thing. Two of these companies have 
a major presence in Vermont. These corporations know that treating all 
their employees equally is not only fair--it also makes good business 
sense. They know that. It is time that we in Congress know that too.
  Workplace discrimination hurts families, and the hatred that drives 
discrimination has no place in a nation continually striving to form a 
more perfect union. So I thank Chairman Harkin for making this 
bipartisan legislation a priority in his committee, and for conducting 
the groundwork in creating the record we need to ensure this important 
bill's passage. The bipartisan team of Senator Merkley and Senator 
Collins brought together Members by their thoughtfulness and tenacity.
  A dear friend of mine used to sit in the back, and was in the Senate 
when I came here. I learned so much from him. I am speaking of Ted 
Kennedy. I have to think he is looking down on this Chamber tonight as 
we try to pass legislation he worked so hard to craft in his final 
years in the Senate. I was happy to work on this civil rights 
legislation with him then and with his partner on this effort, a former 
Vermont Senator, Jim Jeffords. We honor their leadership tonight with 
this vote.
  I am encouraged States and employers are moving forward where we have 
not. But I believe ending discrimination must also be a priority for 
Congress. I look at the distinguished Presiding Officer, and I think of 
her predecessor--another dear friend of mine for nearly four decades--
and the discrimination he faced when he came out of the service, having 
lost an arm, and having received the Medal of Honor for this country, 
and was still told in some places in America that he couldn't walk into 
their establishment. I am sure each of us can think of times of 
discrimination of all sorts.
  Let's pass legislation that bans all discrimination in the workplace, 
whatever it is. Until we do that, we will fail to achieve the motto 
engraved in Vermont marble above the Supreme Court building that 
declares ``Equal Justice Under Law.'' Let's make sure all Americans 
have the equal rights they deserve.
  I urge my fellow Senators to come together and support this important 
bipartisan bill without delay, and the other body to have the courage 
to stand up for America--standing up for all Americans, every single 
American--and vote for this legislation.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Madam President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Madam President, is there time remaining?
  The PRESIDING OFFICER. All time has expired.
  The question is, Will the Senate advise and consent to the nomination 
of Gregory Howard Woods, of New York, to be United States District 
Judge for the Southern District of New York.
  The nomination was confirmed.