Prima Facie Argument

Currently, there are no federal protections for LBGT citizens in the American workplace. While the Civil Rights Protection Act of 1964 prohibits employers from discriminating against individuals on the basis of their “race, color, religion, sex, or national origin”, it does not include sexual orientation and gender identity. Thus, on the federal level, it is perfectly legal for employers to discriminate against a gay or transgender employee. For no reason other than their sexuality or gender identity, LGBT citizens can be legally fired or bypassed in the hiring process; they can receive inferior treatment or harassment within the workplace; and, they might be offered inadequate compensation for their work or have trouble being promoted to a higher position.

Though some states have passed laws prohibiting this type of employment discrimination, in 29 states it remains legal to discriminate based on sexual orientation, and in 34 states to do so based on gender identity. While the state activity is promising and encouraging, it is not enough. Without federal protection, this problem of discrimination still exists nationwide as LGBT citizens across the country face social, financial and psychological struggles. Employment is important not only for economic stability and survival, but also in order for American citizens to have a sense of community belonging. It is an aspect of American society that is deeply interwoven into our everyday personal and family lives. Thus, the current lack of protections for LGBT citizens hinders their ability to establish themselves financially, makes them out to be second-class citizens, and harms their perceptions of self-worth. Qualified LGBT citizens might be bypassed for jobs, struggle to support themselves and their families, or suffer from harassment on an everyday basis at work. In turn, companies might lose out on outstanding contributions from LGBT citizens, and the American community will remain stuck in an era of intolerance and ignorance.

The solution to this problem of discrimination in the workplace is the passage of the Employment Non-Discrimination Act (ENDA). The federal government must pass this act to ensure legal protections for LGBT citizens in the workforce, just as they did with the Civil Rights Act of 1964. According to the Human Rights Campaign, ENDA:

“would provide basic protections against workplace discrimination on the basis of sexual orientation or gender identity….The bill is closely modeled on existing civil rights laws, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. The bill explicitly prohibits preferential treatment and quotas and does not permit disparate impact suits.”

Thus, this act would prohibit employers from discriminating against individuals on the basis of their sexual orientation or gender identity with regards to hiring, firing, promotion or compensation. It also importantly does not interfere with religious organizations since the act might not be compatible with their beliefs and foundations. It respects the separation of church and state, and provides protection for both LGBT citizens and religious citizens.

ENDA has been introduced into Congress multiple times since its conception in 1994. It was most recently introduced into the 112th Congress in 2011, and it is expected to be reintroduced into the 113th Congress soon. We believe that ENDA will solve this problem of workplace discrimination by expanding the civil rights protections that have been established for most Americans for decades to another class of American citizens: gay and transgender citizens. It will give these citizens rightful federal protections while also acknowledging the LGBT community as an equal class of citizens in the workplace. Not only is this important legally, but it will also be important socially. By establishing legal protections for LGBT citizens, the federal government can help foster community acceptance of the LGBT community and de-stigmatize homosexuality and transexuality.

Meet Valentina Ivanova

Hello, my name is Valentina Ivanova. I was born in Moscow, Russia and am a sophomore at the University of Maryland College Park. I am an English and Education major. I strongly believe that everyone has the right to be who they are and who they want to be without being afraid of discrimination in the workforce. I believe everyone has the right to be open and honest about their own identity without fearing discrimination in the work force. This is what ENDA, The Employment Non-Discrimination Act is all about, fighting for people to put differences aside in the workplace. With this act, it will be illegal to fire and refuse to hire someone based on their sexual orientation or gender identity. I am currently looking for a job over the summer to cover at least some expenses as a student. I want to be able to work, now and when I actually earn my degree, in an environment that does not suppress people’s identity, making this act very important to me.

Meet Maria

Hi! I’m a junior majoring in Communications and Criminal Justice.

I have always felt strongly that all people should be treated fairly and in an equal manner. My opinion has always been that no one person is born better than any other person. I believe that all citizens in the United States should be eligible for the same rights that other citizens are allowed.

The right for all citizens to be allowed to marry another human being of their choice is a cause that it close to me and one that I hope to see accomplished in the near future. Although I only recently learned that the discrimination of employees based solely on their sexual preference is legal in much of he country, this injustice instantly bothered me. A Person should not have to worry about becoming unemployed just because of his or her sexual preference. I believe that ENDA is an important and necessary step in ensuring equality.

Meet Alexa

My name is Alexa and I’m majoring in English Education with a minor in Creative Writing at the University of Maryland. I am currently in my sophomore year and plan to join the Teach for America program after graduation. A good education isn’t always easy to come by, but I believe everyone is entitled to one. That is why I want help give everyone I can the best education possible. Aside from providing an equal and exceptional education, I also believe that everyone is entitled to equal opportunities. The LGBT community has fallen victim to discrimination and inequality for years, and helping them get recognized as equals has always been something that I have found important. Recently, an important issue concerning the LGBT community was brought to my attention by a classmate who is also passionate about achieving equal rights for everyone in this community: inequality in the workplace. I have always wished that I had been more active in the fight against discrimination for the LGBT community, and now I have found my opportunity. I believe that supporting The Employment Non-Discrimination Act (ENDA) is the best way to provide protection for this community and their rights.

Meet Peyton

Hi all! I am a junior Communication major following the Rhetoric and Political Culture track. After graduation, I hope to work in the communication/public relations department of a non-profit organization. I am really passionate about advocating and fighting for equal rights, and hopefully I can work for a non-profit that works to further the rights of many different groups of people across the world.

I have researched and advocated different causes with regards to the LGBT community multiple times throughout my college career. I wrote a blog advocating for the Civil Marriage Protection Act in Maryland this past November (which won!). Also, I just recently gave a speech in this class that advocated for the repeal of the Defense of Marriage Act (DOMA), which restricts the definition of marriage at the federal level to one man and one woman. These research experiences has given me great insight into the marital challenges facing the LGBT community in America on both the state and federal levels. I have certainly not exhausted my efforts to fight for gay marriage rights, but I am excited to turn to another form of rights that gays deserve: employment rights. Like marriage, gay Americans deserve to be treated equally in the workforce, and I believe that enacting ENDA at the federal level is a necessary step to protect and secure these workplace rights.