BIZ Online NGLCC

For U.S. Rep. Barney Frank, the third time may just be the charm.

After earlier versions of the Employment Non-Discrimination Act of 2009 (ENDA) were stopped in their tracks, Frank D-Mass. re-introduced the bill in the U.S. House of Representatives on June 19.

The latest version protects individuals from employment discrimination on the basis of sexual orientation and includes a provision on gender identity-a stipulation that was left out of the second version of the legislation that Frank introduced, which the U.S. House passed in 2007.

"I am encouraged that we are going to be able to do this year what we were not able to do a couple years ago, and that is to pass a fully inclusive bill," Frank said.

At a press conference held to announce the new legislation and to call on the public for action, Frank said it is "essential" that individuals lobby their representatives and senators "because we have a president ready to sign it."  

"The passage of this bill would create job security equal to our colleagues' in the workplace-a right that has taken on even more significance in the current economic crisis. We urge our members to reach out to their representatives and senators to encourage their support of a fully inclusive ENDA and to ensure their elected officials understand that sexual orientation and gender identity are of equal importance to race, gender, national origin, and disability, which are already covered under federal non-discrimination laws," said NGLCC chief of staff and director of affiliate relations Kate Karasmeighan, who attended the Capitol Hill press conference.

Rep. Jared Polis-a lead sponsor of the new measure and, like Frank, an openly gay member of Congress-indicated that passing ENDA would benefit American businesses by giving them access to "the very best and brightest" in order to be competitive in today's tough economy.

"Discriminating against people on the basis of race, or gender, or physical disability, or sexual orientation and gender identity, is simply inefficient and puts American businesses at a disadvantage in a global economy," Polis said.

After an earlier inclusive version of the bill died in House committee in 2007, the legislation was re-introduced after dropping the provision on gender identity-a controversial move that angered many in the LGBT community. "We must bring the same level of grassroots activism that resulted from dropping the trans inclusive piece last Congress-to this Congress-if we want to ensure a fully inclusive ENDA. Simply put, Members of Congress need to hear from their constituents that we are unified behind a fully inclusive bill," said Justin Nelson, NGLCC co-founder and president. "Waiting until the last minute to hear from people is not an option this time and we are activating our grassroots accordingly."

Nelson noted that members can visit the ENDA advocacy page on the NGLCC Web site to learn more about the legislation and find draft text to send members of Congress to encourage them to support the bill.

 The latest version of ENDA has already garnered bipartisan support from House sponsors, including Reps. Tammy Baldwin D-Wis., Polis D-Colo., Ileana Ros-Letinen R-Fla., Michael Castle R-Del., George Miller D-Calif., Mark Kirk R-Ill., John Conyers D-Mich., Todd Platts R-Pa., Robert Andrews D-N.J. and Leonard Lance R-N.J.

Federal law currently provides protection against employment discrimination on the basis of race, sex, religion, national origin, age and disability, but not sexual identity or gender identity.  According to the HRC, it is still legal in 30 states to discriminate on the basis of sexual orientation, and legal in 38 states to discriminate based on gender identity.

Andrews, chairman of the Subcommittee on Health, Employment, Labor and Pensions of the House Education and Labor Committee, plans to hold hearings on ENDA in July.  It is expected that the new bill, including gender identity, will pass the House this year.