By The Associated Press
09.23.2009 4:17pm EDT
(Washington) Two
openly gay members of Congress on Wednesday urged their colleagues to pass a
sweeping job discrimination bill that would – for the first time – protect gays
and transsexuals from workplace bias.
Frank told the House
Education and Labor Committee that opponents of the bill often accuse the gay
rights community of pushing a “radical agenda.” “Trying to get a job
or join the military has not been the hallmark of radicalism,” he said. Baldwin, whose home
state of Wisconsin was the first to pass a law protecting gay employees from
bias in 1982, said it was time “to bring our laws in line with the reality of
American life.” The Employment
Nondiscrimination Act would ban employers from making any decisions about
hiring, firing, promotions or pay based on a worker’s sexual orientation or
gender identity. It would exempt the military, religious groups and businesses
with fewer than 15 employees. Opponents complain
some of the bill’s language is too murky. It offers protection based on
“perceived” sexual orientation and for workers who have “undergone” or are
“undergoing” gender transition without defining those terms. “It does not take a
legal scholar to recognize that such vaguely defined protections will lead to
an explosion in litigation and inconsistent judicial decisions,” said Minnesota
Rep. John Kline, the committee’s top Republican. Craig Parshall,
general counsel for the National Religious Broadcasters, warned lawmakers the
bill would subject religious groups to “a crazy quilt” of inconsistent court
decisions and send a “chilling pall” over their activities. He also argued that
for-profit faith-based groups, like Christian radio stations, would be denied
any exemption at all from the measure. The House passed a
similar bill two years ago – without protections for transgender workers – but
it stalled in the Senate and faced the possibility of a veto from President
George W. Bush. This time, President Barack Obama supports the bill. Stuart Ishimaru,
acting chairman of the U.S. Equal Employment Opportunity Commission, said the
measure would not create the chaos and confusion predicted by opponents. Frank says chances
have improved for passage, given a stronger Democratic majority this year. A
House vote is expected later this year, but the Senate is not expected to
consider it until next year. Twenty-one states
already ban employment discrimination based on sexual orientation, and 12
states also prohibit discrimination based on gender identity.