ENDA, the Employment Non-Discrimination Act of 2007 (also H.R. 2015), is a clear and direct bill before congress to “prohibit employment discrimination on the basis of sexual orientation or gender identity.” When I speak and consult, many people are surprised – some shocked – to discover that these protections are not already in place. They aren’t.
ENDA not only prohibits this discrimination it does so in a way which connects with both the definitions and remedies of prior legislative acts; especially the Civil Rights Act of 1964. Basically it is illegal to refuse to hire or to fire or to “limit, segregate or classify” on the basis of actual or perceived sexual orientation or gender identity. Retaliation for employees claiming discrimination is forbidden. At the same time, reasonable dress and grooming standards are allowed as long as they are uniformly applied to all. For transgender people, the applicable standard is the one for the gender “to which the employee has transitioned or is transitioning.”
The exceptions are few and clear. The act does not apply to the military or to some religious corporation employment practices. The religious exception is limited to organizations (including educational institutions) whose “primary purpose” is religious ritual, worship, or the teaching or spreading of religious doctrine or belief.” For organizations whose primary purpose is not defined this way, certain employees whose primary duties involve religious ritual, teaching or governance can be exempt. Additionally a religious entity can require that employees “in similar positions” adhere to religious standards that such an organization has declared “significant”.
If ENDA was in force a year ago, I would still be employed as a university professor at the Christian school where I worked for 16 years. I urge you to write or call your members of Congress to voice your strong support for ENDA. Surveys have indicated that over 80% of Americans support this kind of discrimination protection, but those who believe hate is a traditional family value are well-organized and have money to spend. Your voice is important.
Monday, April 30, 2007
Thursday, April 12, 2007
Exciting Days
Today at 11 AM a housing briefing will be held to inform legislators of the urgent need for passage of the Local Law Enforcement Hate Crimes Prevention Act (H.R. 1592). At 3 PM Senators Kennedy (D) and Smith (R) will introduce an identical bill in the house. Both bills include protection for gender identity. The act is supported by more than 200 law enforcement, religious, and civil rights groups.
On Friday, Michigan State – one of five Big Ten schools not there yet – will vote on adding gender identity to its non-discrimination policy. It has been part of their anti-harassment policy since 2003.
These actions demonstrate the momentum this civil rights issue is gaining and stress the growing importance for businesses and non-profit organizations to have clear non-discrimination policies that include gender identity and appropriate gender expression. Chris Daly, of the Transgender Law Center, says that without these policies in place organizations could be increasing their chances of being liable in a discrimination complaint or lawsuit.
Of course the usual suspects may come out in favor of hate crimes by fighting this legislation. One of the favorite arguments is opposition to including what they call “behavioral choices” as a protected category. While I believe science clearly rejects their argument, I guess if they are right we should probably remove religion as a protected category too hmmm?
Contact your congressperson and senators to express your strong support for this legislation. I will be in Washington, D.C. to join with others in expressing the great need for this protection against a world that still nurtures hate against those that are different.
On Friday, Michigan State – one of five Big Ten schools not there yet – will vote on adding gender identity to its non-discrimination policy. It has been part of their anti-harassment policy since 2003.
These actions demonstrate the momentum this civil rights issue is gaining and stress the growing importance for businesses and non-profit organizations to have clear non-discrimination policies that include gender identity and appropriate gender expression. Chris Daly, of the Transgender Law Center, says that without these policies in place organizations could be increasing their chances of being liable in a discrimination complaint or lawsuit.
Of course the usual suspects may come out in favor of hate crimes by fighting this legislation. One of the favorite arguments is opposition to including what they call “behavioral choices” as a protected category. While I believe science clearly rejects their argument, I guess if they are right we should probably remove religion as a protected category too hmmm?
Contact your congressperson and senators to express your strong support for this legislation. I will be in Washington, D.C. to join with others in expressing the great need for this protection against a world that still nurtures hate against those that are different.
Sunday, April 1, 2007
Why celebrate?
Celebrating diversity may seem like an unusual concept but that is a big part of what both my life and my consulting firm (Julie Nemecek Consulting) are all about. I am firmly convinced that the meaningful celebration of diversity in humankind (1) makes for a richer life, (2) is very good business sense, and (3) is God-honoring. That last reason probably requires the most unpacking for you to understand where I am coming from.
I believe that God created me and other people that are “different” (aren't we all?) for His purposes and His glory. Just like part of the enjoyment of roses is that they come in many hues, fragrances, and sizes, so too God has given us a richness in humankind that is to be treasured.
Celebrating diversity doesn’t mean that we have to agree with everyone else (anymore than we have to like every kind of rose), but it does mean that we will treat all people with dignity and respect. It also means learning to celebrate what we can learn from each other because we are different.
In the work world (profit and non-profit), accepting differences makes for better decision-making, a more expansive world view, and a healthier and more appealing work environment. Celebrating diversity simply makes good sense.
I believe that God created me and other people that are “different” (aren't we all?) for His purposes and His glory. Just like part of the enjoyment of roses is that they come in many hues, fragrances, and sizes, so too God has given us a richness in humankind that is to be treasured.
Celebrating diversity doesn’t mean that we have to agree with everyone else (anymore than we have to like every kind of rose), but it does mean that we will treat all people with dignity and respect. It also means learning to celebrate what we can learn from each other because we are different.
In the work world (profit and non-profit), accepting differences makes for better decision-making, a more expansive world view, and a healthier and more appealing work environment. Celebrating diversity simply makes good sense.
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