Since 1964 it has been illegal to discriminate on the basis of race, color, religion, sex or national origin. The passing of The Civil Rights Act of 1964 ensured at a Federal level that a person would not be subjected to such discrimination. The passing of this act was, and remains, a landmark decision that changed, for the better, the lives of many U.S. citizens.
All citizens should be able to live their lives without the fear that they will be subjected to discrimination or fewer rights than other citizens. This is especially true for characteristics that are inherent to who a person is. A person cannot control the race, sex, or national origin that he or she was born with. Why should a person be punished for something that is beyond his or her control?
Today, even with The Civil Rights Act of 1964, certain citizens are still being discriminated against. Lesbian, gay, bisexual, and transgendered (LGBT) workers currently have no federal protection against discrimination based on sexual orientation and gender identity.
For those who consider gender identity and sexual orientation an attribute that a person is born with and is beyond his or her control, it only makes sense that employers should not be allowed to discriminate against employees based on a factor that the employee cannot control and that does not affect his or her ability to perform the required job tasks. Those who argue that a person’s sexual orientation and gender identity are simply a personal choice should also agree that such choices are not a valid reason to discriminate against workers since a person’s religion is a personal choice that one is not born with and currently employers are not able to discriminate based on religion either. Clearly, whether or not a person feels that gender identity and sexual orientation are innate or simply a lifestyle choice does not affect whether or not it is wrong for employers to discriminate against a person.
The ACLU comments on its site in support of the Employment Non-Discrimination Act (ENDA) that “Over the years, Congress has responded when it found that people were not being hired or promoted for unfair or arbitrary reasons, such as race, gender, national origin, or disability. When Congress has found such discrimination, it passed laws to restore civil rights by ensuring arbitrary considerations do not determine access to employment.”
Currently, employers are not universally obligated to stop discrimination based on a person’s sexual orientation and gender identity. This discrimination can and does occur, affecting the lives of citizens. According to a report by The National Center for Transgendered Equality and the National Gay and Lesbian Task Force, “Forty-seven percent (47%) said they had experienced an adverse job outcome, such as being fired, not hired or denied a promotion because of being transgender or gender non-conforming. Over one-quarter (26%) reported that they had lost a job due to being transgender or gender non-conforming and 50% were harassed.”
Something needs to be done to ensure that the rights of these citizens are not infringed upon in the workplace. Passing ENDA would prohibit employment discrimination of LGBT persons on a federal level.