Connect with us

Opinions

ENDA and the seduction of symbolic gestures

Achieving employment equality through legislation is illusory

Published

on

GetEQUAL, Employment Non-Discrimination Act, ENDA, gay news, Washington Blade, LGBT workers
GetEQUAL, Employment Non-Discrimination Act, ENDA, gay news, Washington Blade, LGBT workers

Employment Non-Discrimination protest in May, 2010. (Washington Blade file photo by Michael Key)

Politicians are rarely catalysts for social change, serving instead as reflectors of shifts in public attitudes. That is the case with the Employment Non-Discrimination Act.

It is also the reason legislative passage would be largely symbolic and of limited practical value. In fact, the impotence of the effort is one reason it will at least – and again – partially advance through Congress. If seeking mostly meaningless grand gestures, this one is for you.

This actuality is far more fundamental than complaints regarding exemptions for the military and companies with fewer than 15 employees, as well as broad waivers for religious institutions and church corporations – including internal self-designation of secular jobs as exempt. It’s bigger than the fact that the legislation sensibly and explicitly prohibits preferential treatment, the institution of employment quotas and does not permit lawsuits claiming that facially neutral employment practices have an adverse, or disparate, impact in application or effect.

The popular perception is that ENDA is a magic solution to job-related discrimination. The reality is that its impact is negated by the vagaries of employment management and overshadowed by the widespread adoption of equality-embracing business practices. Approved this time or not, following two decades of defeats, doesn’t much matter other than as political theater.

Business concern that continued expansion of protected classes in private sector employment administration will result in a wave of hoop-jumping regulations and a bevy of frivolous lawsuits has significantly diminished over time. Not because those worries are unwarranted or indicative of animus toward gay, lesbian, bisexual or transgender workers. Rather, the now accumulated evidence is that it doesn’t much happen.

Andrew Sullivan noted this on the eve of Monday’s Senate cloture tally allowing a vote on the bill in the upper chamber this week. He reported that passage of the federal hate crimes law in 2009 has yielded exactly two successful anti-gay bias prosecutions. Statistics from the numerous municipalities and 21 states plus the District with sexual orientation employment protection laws – including 17 states and the District that include transgender workers – indicate there are few resulting lawsuits. The Government Accounting Office recently concurred.

For whatever reasons, these laws have produced scarce legal action.

Businesses understand the advantage in attracting and retaining talent best suited to build success. Fully 97 percent of Fortune 500 companies have instituted policies prohibiting anti-gay discrimination, with nearly 60 percent including gender identity. This reflects changing societal mores, more than the command of legislators. Fully four-in-five or more Americans believe that workplace discrimination is wrongheaded.

Equal treatment is now the widely implemented enterprise norm. Whether this development has been in some limited instances a result of reluctant acceptance is irrelevant, only underscoring the inability of government to ensure it in the nuanced arena of employment protocols.

Will there be more paperwork to complete and required cover-your-behind steps in hiring or firing? Will there be new human resource litigation-inoculation training to undergo? Will costly unfounded retaliatory claims by falsely aggrieved employees and applicants be instigated against employers honestly exercising the right to make employment decisions absent prejudice or violation of the law? Will pink-slip-chasing attorneys be beneficiaries? Yes, of course.

Are there a diminishing number of outlier employers who discriminate, including those doing so subtly and cleverly and escaping detection? Are there those who oppose LGBT employment protections because they dislike or even hate us? Who think our “behavior” immoral while masking bigotry utilizing a religious shield? Yep, there are.

However, statements by advocates that “every night, millions of LGBT workers go to sleep not knowing if they’ll have a job the next day” are silly and overblown. Hyperbolic claims diminish the situation some face and suggest a false remedy.

Changing attitudes and behavior through coercion, whether concerning big things or small matters and no matter how soothing a salve to the pain of history, is the easy and empty act. We need to remember that.

Mark Lee is a long-time entrepreneur and community business advocate. Follow on Twitter: @MarkLeeDC. Reach him at [email protected].

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Opinions

Howard County exec: Inclusive communities are thriving communities

In Maryland, it’s more than a talking point – it’s a way of life

Published

on

Calvin Ball is the executive of Howard County, Md.

Every person, organization, and business has the opportunity to make inclusion a core mission. Yet, true inclusion requires more than intention. It demands action to ensure every person in our community can live authentically, embrace their potential, and thrive without fear of hate or harm. In Howard County, Md., we are doing our part to make inclusivity more than a talking point – it’s a way of life. 

The Human Rights Campaign’s 2024 Municipal Equality Index (MEI) awarded Howard County a perfect score of 100 for the third year in a row. At a time when LGBTQIA+ rights are at stake, the MEI and the rubric it provides for cities and towns across our country has never been more important. 

The MEI examines how inclusive municipal laws, policies, and services are in cities and towns across the country. The report scores cities across five domains: non-discrimination laws, municipality as an employer, municipal services, law enforcement and leadership on LGBTQ+ equality. We proudly achieved the highest marks in all five domains, which comes as no surprise. It’s important to me that Howard County is a national model for implementing inclusive policies for our 17 protected classes in Howard County.

When I first took office as Howard County Executive in December of 2018, one of my first initiatives was hosting our very first Pride festival. It was the perfect time to celebrate and reflect upon the progress we made to advance civil rights and protections for our LGBTQIA+ neighbors. In June of 2019, Howard County proudly hosted its first Pride festival, with thousands of attendees, solidifying our commitment to our residents and neighbors. 

It was also ever important that our LGBTQIA+ residents had a seat in government operations. In 2022, I established Howard County’s inaugural LGBTIA+ Commission, which partners with county agencies, nonprofit organizations and other community groups to facilitate an environment of inclusion, communication, understanding and respect throughout the county. This Commission continues to advance policy and systemic changes for those with different gender and sexual identities. 

To further uplift our neighbors, for the first time in county history, in June of 2022 we proudly raised the Pride flag at the seat of Howard County government, symbolizing unity and inclusiveness. This meaningful action reflects our commitment to supporting, celebrating, and standing with all LGBTQIA+ individuals in Howard County, affirming that they are a vital, welcomed, and celebrated part of our community.

In 2024, our Office of Human Rights and Equity (OHRE) hosted various community events, workshops, listening and training sessions that attracted 4,000 attendees. Creating community spaces where people can freely share their thoughts fosters a collective sense of belonging. We want everyone to know that their voice matters. 

Additionally, more than 160 Howard County government employees received training from our Equity and Restorative Practices Unit last year. This pioneering initiative delves into the ways current leadership paradigms might perpetuate racialized dynamics. It is imperative we continuously examine our current practices to see where we might be lacking and devise ways to remedy our weaknesses. 

Across our country of thousands of cities and counties, we are proud to be counted among 130 MEI-rated cities that have earned the highest score of 100. This shows the immense progress local government is making to enact policies and legislation that protect the classes of sexual orientation and gender identity. By focusing on making a difference where people live, learn, and grow, we can make a bigger impact nationally combating hate and discrimination based on sexual orientation and/or gender identity. Because we know – when we foster inclusive communities we foster thriving communities. 


Calvin Ball is the executive of Howard County, Md. 

Continue Reading

Opinions

Thank you, Mr. President

Biden’s legacy includes array of pro-LGBTQ actions

Published

on

President Joe Biden sits across the Resolute Desk in the Oval Office from Blade reporter Christopher Kane on Sept. 20, 2024. (Washington Blade file photo by Michael Key)

This week marks the end of President Joe Biden’s administration, the most pro-LGBTQ leader our country has ever known. With his departure, our community enters a period of uncertainty and alarm over how trans Americans will be treated under Trump’s tenure. 

Before we begin coping with that unfortunate reality, let’s take a moment to celebrate Biden. His legacy includes many landmark achievements, from ending the COVID pandemic and implementing the infrastructure bill to restoring America’s reputation around the world, supporting Ukraine, and standing up to Vladimir Putin’s aggressions.

Biden’s advocacy on behalf of LGBTQ Americans will be a key part of his overall legacy. Never have we had a president so committed to our equality and inclusion.

One of the most memorable moments in Biden’s long record of LGBTQ support came in 2012 when he famously endorsed marriage equality in a live TV interview days before President Obama did the same. It marked the first time a sitting vice president publicly supported marriage equality and Biden did it just six months before the election, something that even LGBTQ activists had advised against.

As president, Biden fought successfully to preserve marriage equality in the increasingly likely event that the Obergefell ruling is overturned by the Supreme Court. The Respect for Marriage Act ensures that the federal government and all U.S. states and territories must recognize same-sex and interracial marriages. Biden signed it in 2022 and held a massive event on the White House lawn bringing together hundreds of LGBTQ advocates from around the country to celebrate.

“Today’s a good day,” he said during the signing ceremony. “Today America takes a big step towards equality.”

Biden began his term on Jan. 20, 2021, and on that same day, issued an executive order establishing workplace protections for LGBTQ Americans and prohibiting discrimination in education, credit, health care, and housing. 

Biden ensured that his administration and the federal government looked like America, naming record numbers of out LGBTQ judicial appointees and senior staff. He gave us the nation’s first Senate-confirmed gay Cabinet member in Pete Buttigieg, thus opening the door for future LGBTQ top staff like Scott Bessent, Trump’s pick for Treasury Secretary, who’s gay. 

“LGBTQ+ people have received a record number of federal appointments, including Cabinet members, judges, and around 14% of the administration,” according to the Victory Fund. In addition to Buttigieg, he appointed Dr. Rachel Levine as the first out transgender person to hold an office that requires Senate confirmation. And he named Karine Jean-Pierre, a Black lesbian, as his press secretary.

His advocacy wasn’t merely symbolic. President Biden in June issued historic pardons for military service members who were discharged over their sexual orientation or gender identity under discriminatory policies of the past, like “Don’t Ask, Don’t Tell.”

“This is about dignity, decency, and ensuring the culture of our Armed Forces reflect the values that make us an exceptional nation,” Biden said at the time. “We have a sacred obligation to all of our service members — including our brave LGBTQI+ service members: To properly prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home.”

Veterans who were discharged for their sexual orientation or gender identity were barred from accessing benefits through the U.S. Department of Veterans Affairs but veterans who obtain certificates of pardon can now petition for a change in their discharge status, which can facilitate their access to benefits.

On a personal note, I am grateful to President Biden and his talented and thoughtful communications team for granting the Blade the first-ever presidential sit-down interview with an LGBTQ newspaper. It was a moment I’ve worked toward for more than 20 years, holding endless calls and meetings with President Obama’s team trying to land that interview; and even working with Trump’s team early on in the hopes he might talk to the queer media. But it took Biden to again make history for our community. The Blade’s Sept. 20, 2024 cover photo of our White House reporter Chris Kane sitting across the Resolute Desk in the Oval Office from President Biden — an image snapped by longtime Blade Photo Editor Michael Key — fills me with immense pride. It was a moment that took decades of hard work and perseverance by pioneering queer journalists to realize. 

Thank you, Mr. President, for having our backs, not just for these past four years but throughout a long and impactful career in public service.  


Kevin Naff is editor of the Washington Blade. Reach him at [email protected].

Continue Reading

Opinions

Trump’s aggressiveness will cause havoc in the world

Incoming president admires Putin and Hitler

Published

on

Donald Trump speaks at the 2024 Republican National Convention in Milwaukee. (Washington Blade photo by Michael Key)

Some are asking if the majority of Americans really care, or even understand, what it means if Trump brings a wrecking ball to the rule of law, both here at home, and around the world. 

Our first indication will be how the public reacts, especially Trump voters, to what he does based on his promises to grant clemency to those sentenced for their actions during the Jan. 6, 2021 riot at the United States Capitol. Trump has called it a day of love; others have referred to it as his failed effort to stage a coup. There can be no debate about the actions of many in the crowd who stormed the Capitol that day, as they are on film. The question for many will be whether Trump grants clemency to any who were sentenced for just being there, or will he grant broad clemency to everyone, including those who were seen breaking windows, destroying property, and injuring police. Let us never forget 140 officers were injured protecting the building, and members of Congress we elected. 

Then there is the issue of the boundaries Trump crossed by calling Supreme Court Justice Alito before his case on the hush money sentencing was decided. Will Trump have these kinds of conversations with other justices when his administration, and even he personally, will have future cases pending before them? Will his administration potentially disregard a court ruling? 

Then we move on to the world stage. Trump has made statements to the effect that he would consider using military force to take Greenland and the Panama Canal. Would he actually consider invading another country without any provocation? Those words, even before any action is taken, make me think of Vladimir Putin and Adolf Hitler. Both men, Trump at one time or another, has said he admires. He has nominated as Director of National Intelligence a person who supported deposed Syrian dictator Assad and Putin. Then he said he would consider economic coercion to get Canada to become part of the United States. Remember, these are all sovereign nations. 

Just knowing that Trump, and many he has chosen to surround himself with, think like this, should frighten all decent Americans, as well as the rest of the world. Trump often says outrageous things like this without any real thought, or knowledge, as to what they entail, and what the repercussions would be. Remember his suggestion about swallowing bleach to battle COVID? Clearly, he often doesn’t know what he is talking about. Some think these statements are just meant as diversions, to take our attention from the outrageous things he is actually doing. Too often the news media takes the bait, and they along with the American people, end up losing track of the real and immediate damage he is doing to the nation. 

It is clear many of these outrageous thoughts seem to come from the last person who whispered in his ear. Today that is often Elon Musk, who has been getting involved in the politics of the United Kingdom, Germany, and other nations. Musk’s closeness to Trump seems based mostly on how much money he has given to Trump and his causes. Some think he may have even promised Trump a few billion dollars after his presidency is over. Other social media moguls, and billionaires, are now clearly trying to kiss Trump’s ass. One who has clearly sealed his lips to Trump’s rear end is Mark Zuckerberg of Meta. His announcement that Facebook will no longer fact check posts because he claims he believes in ‘free speech,’ led to a wonderful meme I recently saw. It said, “Mark Zuckerberg, who passed away recently at the age of 36, a convicted pedophile…” It seems Musk, Zuckerberg, and others have now joined Trump in accepting lying on social media is fine in the name of free speech. Hey, it worked to get Trump elected, and a whole cable network, Fox News, has found how effective lying can be in generating viewers and poisoning the minds of the uneducated, and those who want to believe the bullshit they spout for their own benefit. 

We live in an uncharted time. I think it’s hard to predict what will happen in the next four years. Will people tire of this dangerous, liar, racist, homophobe, misogynist, felon, found liable for sexual assault? Or will they accept all that he does and speaks? I pray they tire of him, and rebel, before he destroys our country.


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular