U.S. House Speaker John Boehner (R-Ohio) expressed little interest
Wednesday in advancing the Employment Non-Discrimination Act in the
wake of an announcement from the White House last week that the Obama
administration won't take action against LGBT workplace discrimination
at this time.
Although the administration insists it will work with Congress to pass
legislation in lieu of an executive order barring federal contractors
from discriminating against LGBT workers, Boehner seemed unaware of
ENDA in response to a question from the Washington Blade, saying, "I
haven't seen the bill. I haven't thought much about it."
Asked whether passage of ENDA might alleviate the 8.2 percent
unemployment rate if employers were barred from firing LGBT workers,
Boehner said "ample laws" are in place and deferred further comment to
the House Committee on Education & the Workforce. The committee didn't
immediately respond to a request for comment.
"No one should face discrimination in the workforce," Boehner said.
"There are ample laws already in place to deal with this. Having been
the chairman of the Education & Workforce Committee, I'm quite
familiar with employment law. But if there are further changes that
are necessary, I'm sure the committee will look at it."
Even if Boehner were to bring the bill to a vote, it is unlikely to
pass the House where Republican lawmakers hold the majority. ENDA has
161 co-sponsors in the House, far short of the 218 votes that would be
needed for passage.
But Boehner's lack of interest in ENDA raises questions about how the
administration expects to move forward with legislation prohibiting
LGBT workplace discrimination in the wake of announced plans to work
with Congress to the pass the bill instead of taking administrative
action and issuing an executive order.
On Monday, White House spokesperson Shin Inouye told the Blade and
other media outlets that the "time is right" for a comprehensive
legislative approach to passage of ENDA.
Tico Almeida, president of Freedom to Work, said Boehner's response
indicates he doesn't want to appear to go against the majority of the
American public, which backs the idea of legislation protecting LGBT
workers from discrimination, according to several polls. Some of those
polls show that many Americans remain under the false impression that
such a law is already in place.
"I think Speaker Boehner ducked this question from the Washington
Blade because he does not want to have to publicly side with the small
and decreasing number of Americans who tell pollsters that simply
being gay should be grounds for firing a talented and hard working
employee," Almeida said. "Polling data shows that LGBT workplace
fairness is quickly becoming a winning wedge issue to use against
pro-discrimination politicians who hold antiquated and un-American
beliefs."
Meanwhile, LGBT advocates continue to push President Obama to issue
the executive order — despite the announced "no" on the proposed
action delivered to them last week — as they call for congressional
action in the Democratic-controlled Senate on ENDA. The Blade reported
extensively on the importance of a trans-inclusive hearing and markup
on the bill last month.
Michael Cole-Schwartz, an HRC spokesperson, alluded to the importance
of a hearing as he lambasted Boehner for his response to the
legislation.
"If the speaker is so familiar with employment law he should know it's
perfectly legal to fire LGBT people in most states," Cole-Schwartz
said. "This attitude is precisely why we need congressional hearings
on an inclusive ENDA so the costs of employment discrimination are put
on full display."
No federal law or federal regulation bars employers from firing LGBT
workers based on their sexual orientation or gender identity. Firing
or discriminating against someone because they're gay is legal in 29
states; firing or discriminating against someone because they're
transgender is legal in 34 states.
Despite calls for a Senate hearing on ENDA, the Senate Health,
Education, Labor & Pensions Committee hasn't yet scheduled a hearing
on the legislation.
Justine Sessions, a Senate HELP Committee spokesperson, said this week
no plans are in place to hold a hearing on the bill.
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"Sen. Harkin is strongly supportive of an inclusive ENDA and looks
forward to working with Sen. Merkley and other supporters to advance
this important issue," Sessions said. "The HELP Committee has not
planned any hearings beyond the month of May, but I am happy to keep
you posted."
On the same day Boehner punted to the House Committee on Education &
the Workforce on ENDA, the committee in fact held a hearing on a
related issue: the impact of regulatory and enforcement actions of the
Office of Federal Contract Compliance Programs.
The hearing is significant because it would have been an opportunity
to discuss the proposed executive order requiring companies doing
business with the U.S. government to have non-discrimination policies
protecting LGBT employees. Multiple sources have said the Labor and
Justice Departments cleared the measure before sending it to the White
House, which announced last week it won't take action at this time on
the directive.
According to a news statement from Freedom to Work, no complaints were
voiced about the executive order despite the nature of the hearing.
"Today's congressional hearing featured three Republican-selected
witnesses, including business representatives, and not a single one of
them complained about the proposal to add LGBT Americans to the Labor
Department's rules that ensure taxpayer dollars are not squandered by
discriminatory contractors who allow anti-gay hostile work
environments," Almeida said. "Not a single Republican member of
Congress who attended the hearing complained either."
In an email to the Blade, Almeida clarified that the executive order
didn't come up in any capacity during the hearing in addition to no
one voicing any complaints about it. Rep. George Miller (D-Calif.),
ranking Democrat on the committee, was among 72 House members who
wrote to Obama urging him to sign the executive order.
Almeida stressed the importance of signing the executive order as the
most immediate way to provide protections to LGBT workers.
"Ever since I attended the White House meeting last Wednesday with
Valerie Jarrett, White House spokesperson Jay Carney has been ducking
questions from the press and making up lame excuses to justify the
president's delay in signing this executive order that Barack Obama
promised four years ago he would sign if we helped elect him," Almeida
said. "I agree with the Center for American Progress and the Human
Rights Campaign that President Obama should sign the LGBT order now.
To quote the president's own words, 'We can't wait.'"
A transcript of the exchange between Boehner and the Blade follows:
Washington Blade: Mr. Speaker, the White House announced the president
won't issue an executive order requiring federal contractors to have
non-discrimination policies in place preventing them from firing
workers who are gay or transgender. Instead, they said he wants to
work with Congress to pass legislation known as the Employment
Non-Discrimination Act, which would bar most employers from
discriminating against workers on this basis. What are your views on
this legislation and would you be open to bringing it up for a vote?
Boehner: I haven't seen the bill. I haven't thought much about it.
Blade: Arguably, among those who are in the 8.2 percent who are
unemployed are in that situation because they faced discrimination on
this basis. Wouldn't passage of this legislation —
Boehner: Well, no one should face discrimination in the workforce.
There are ample laws already in place to deal with this. Having been
the chairman of the Education & Workforce Committee, I'm quite
familiar with employment law. But if there are further changes that
are necessary, I'm sure the committee will look at it.
More:
http://www.washingtonblade.com/2012/04/18/boehner-on-enda-i-havent-thought-much-about-it/
--
Together, we can change the world, one mind at a time.
Have a great day,
Tommy
--
Together, we can change the world, one mind at a time.
Have a great day,
Tommy
--
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