Legal - ENDA - Human Rights Campaign (HRC) statement
The following is a statement on ENDA by the HRC received on October 10, 2007. The HRC implies that trans-exclusion was a decision by legislators.
Thank you for contacting the Human Rights Campaign regarding current news on the Employment Non-Discrimination Act (ENDA).
I would like to take this opportunity to address your issues & concerns regarding HRC’s position on this significant piece of legislation.
Why has HRC been so quiet the past week?
After HRC was informed of the Leadership’s intention to move forward with an incomplete bill, we wanted to exhaust every possible option to preserve the complete bill – even down to the 11th hour. We believed then – and continue to believe now – that the best way we could advocate for our entire community was to continue having conversations with leaders on the hill. Those conversations would have ended if we had issued ultimatums via our press releases or action alerts. HRC is the GLBT organization in Washington with the most connections and relationships on the Hill, and we worked to use those relationships behind the scenes in every way possible the past week to protect the fully complete ENDA. We will continue to work with leaders on the hill on a strategy to move forward with one complete bill.
“HRC threw the transgender community under the bus.” What is your response?
We completely understand and acknowledge that this is a difficult time for many in our community, and we have been deeply troubled by the process that has unfolded as well.
The House Leadership informed HRC and other community leaders late last week that they do not have the votes to move forward with the complete ENDA, and that they are moving forward with a new version that only protects against sexual orientation discrimination. HRC was profoundly disappointed in this decision and exhausted every possible avenue to avoid this course from being taken.
HRC does not support the incomplete version of ENDA that is moving forward in the House, and we will not advocate for it in any way. We support passage of a complete ENDA that covers the entire GLBT Community.
Speaker Pelosi and Rep. Frank have made clear that they believe the House vote on this bill later this month – which is not expected to be signed into law – will provide a legislative baseline of support for a complete ENDA in the next Congress, and that this is part of their strategy to passing a complete version of the bill with protections based on both sexual orientation and gender identity in one bill on a shorter timeline than not.
Did HRC strip gender identity from the bill, or advocate for that course in any way?
Absolutely not. The Leadership of the House made this move against HRC’s strong protests, and informed us of their decision in late September. We have been unwavering in our commitment to passing a complete bill throughout the process.
What has HRC done to pass a complete ENDA with both sexual orientation and gender identity protections?
HRC has lobbied aggressively in Washington and around the country to pass fully complete hate crimes and ENDA legislation. We have had grassroots campaigns organized in 40 Congressional districts. We have built a coalition of major businesses who have signed on to support the fully complete bill – and all of that is in addition to the work HRC does with corporate America every day. HRC has worked tirelessly to build support and educate for a full ENDA in Washington and around the nation, and we will continue that work until the complete bill is passed.
In addition to clarify our position regarding opposing a non-inclusive ENDA bill:
Our commitment to passing one bill that protects the entire GLBT community is steadfast and unwavering. HRC made the difficult decision not to full oppose the bill as that would incapacitate our ability to work with leaders on the Hill to pass a full ENDA in the near future. By withholding our support from the bill, without actively opposing, we will continue to be a part of the dialogue moving forward, and will be able to working with leaders in Congress to educate and advocate for a complete bill.
I hope that this email has addressed your concerns and issues.
Finally, I have taken the time to compile some highlights of the work we have done on transgender issues and equality.
Respectfully,
Lisette
Discrimination
The Human Rights Campaign is committed to federal and state legislative solutions that prohibit discrimination based on gender identity and expression across a range of topics, including workplace discrimination. As evidenced in a May 2003 letter sent to the lead congressional co-sponsors of the Employment Non-Discrimination Act (ENDA), as well as subsequent meetings with HRC staff and sponsors, and the July 2004 resolution passed by its board, HRC supports transgender-inclusive workplace legislation.
In February 2007 HRC called national attention to the firing of Largo, Fla City Manager Steve Stanton because he planned to transition from male to female. This blatant case of job discrimination is just one example of the many hardships transgender, gay, lesbian and bisexual Americans face and is testimony as to why Congress needs to pass comprehensive discrimination legislation at the federal level.
Hate Crimes
The Human Rights Campaign has called national attention to the hate-motivated murders of transgender people, such as Bibi Barajas, Fred/Fredricka Martinez, Gwen Araujo and Jessica (Horatio) Mercado, and monitored the local investigations of these cases. These horrible crimes, in addition to hate crimes committed against gay, lesbian and bisexual Americans, are constant reminders of why we need state and federal hate crime laws that cover the entire GLBT community.
This marks the second time that explicit coverage for the transgender community will be in a federal hate crimes bill. As I am sure you are already aware, this year we made history by helping ensure passage of federal legislation to prosecute hate crimes against GLBT citizens in both the House of Representatives and Senate.
Workplace
HRC’s Workplace Project (www.hrc.org/workplace) — a program of the HRC Foundation and a national source of information on workplace issues particular to sexual orientation and gender identity — has created a library of resources and guided companies on how to ensure that transgender employees receive fair workplace treatment and comprehensive, employer-provided health coverage. This began with our July 2004 publication, Transgender Issues in the Workplace: A Tool for Managers.
The HRC Corporate Equality Index (CEI) rates companies on how they treat their gay, lesbian, bisexual and transgender employees and consumers. Ever since the Corporate Equality Index began in 2002, a company had to include “gender identity” as a protected class in its non-discrimination statement in order to attain a perfect score. HRC raised the bar in 2006: a company must now also ensure the availability of at least one transgender wellness benefit and make gender identity diversity training or transition guidelines available in the workplace. With these changes, one quarter of the CEI’s scoring criteria is now devoted specifically to transgender issues.
In 2005, HRC launched a unique campaign to educate lawmakers and the American public about issues facing the transgender community. HRC held an expert briefing on Capitol Hill and ran a series of full-page advertisements in Roll Call, the daily newspaper for Capitol Hill insiders, making the case for a federal law to protect transgender people from job discrimination.
Publications
The HRC Foundation has partnered with the National Center for Transgender Equality to release Coming Out as Transgender, a resource guide specifically for transgender people. The guide, designed to be a resource and manual for transgender individuals who are in the process of coming out, will be released in 2007. This follows another joint publication, Transgender Americans: A Handbook for Understanding, designed to educate Americans about transgender equality, with web-based resources offering personal stories of transitioning in the workplace.
To view more of our publications visit: http://dev.hrc.org/about_us/publications.asp
Legal and Family Issues
HRC signs onto amicus briefs in non-discrimination cases and provides legal expertise through HRC publications and presentations at conferences nationwide.
In an online analysis of laws and court decisions affecting GLBT Americans, the HRC Foundation includes gender identity and expression issues with regard to safe schools, non-discrimination, hate crimes and marriage. HRC also focuses on transgender issues as part of its publication LAWbriefs, a quarterly report summarizing legal developments around the country, and as part of its quarterly magazine, Equality.
HRC also holds town hall community meetings nationwide to educate local communities about issues facing transgender Americans.
State Legislation and Local Ordinances
HRC continues to work with statewide GLBT advocacy groups across the country to help advance equality based on sexual orientation and gender identity and expression by providing information and support to legislators to ensure that bills are — and stay — transgender-inclusive throughout the legislative process.
HRC’s field and state legislative staff are in contact with state GLBT leaders on a regular basis. Working for transgender-inclusive legislation, HRC tracks significant legislative developments at the state level, provides legislative language and legal analysis, offers legislative and political strategy assistance, activates grassroots support, coordinates the writing and delivery of testimony and convenes meetings and conferences of state groups as necessary.
Lisette Fee
Member Services Manager
Human Rights Campaign
1640 Rhode Island Ave NW
Washington, DC 20036-3278
202.216.1525
Fax 202.216.1505
Email lisette.fee@hrc.org
www.hrc.org/membership Phone
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