LEGL 4500/6500 - Employment Law

Dawn D. Bennett-Alexander, Esq.

Terry College of Business

CAPITOL HILL HEARING TESTIMONY
 
 

HEADLINE: TESTIMONY JULY 29, 1994 EDWARD KENNEDY SENATOR U.S. SENATE SENATE LABOR EMPLOYMENT DISCRIMINATION AGAINST GAYS AND LESBIANS.
 
 

Opening Statement by Senator Edward M. Kennedy
 
 

Hearing on the Employment Non-Discrimination Act of 1994
 
 

Senate Committee on Labor and Human Resources
 
 

FOR RELEASE: JULY 29, 1994 CONTACT: PAM HUGHES/JIM MANLEY
 
 

202/224/2633
 
 

From the beginning, civil rights has been the great unfinished business of America – and it still is. In the past forty years, the nation has made significant progress in removing the burden of bigotry from our land. We have had an ongoing peaceful revolution of change, and that accomplishment is a tribute to our democracy and to the remarkable resilience of the nation’s founding principles.
 
 

Federal law now rightly prohibits job discrimination because of race, gender, religion, national origin, age, and disability. Establishing these essential protections was not easy or quick. But they have stood the test of time – and they have made us a better and stronger nation.
 
 

We now seek to take the next step on this journey of justice by banning discrimination based on sexual orientation.
 
 

At the press conference introducing this legislation, Coretta Scott King said: "I support the Employment NonDiscrimination Act of 1994 because I believe that freedom and justice cannot be parceled out in pieces to suit political convenience. As my husband, Martin Luther King, Jr. said, ‘Injustice anywhere is a threat to justice everywhere.
 
 

This point will be re-emphasized today by other civil rights leaders who have contributed so much to our nation.
 
 

The legislation directly parallels protections against job discrimination in current laws under Title VII of the Civil Rights Act of 1964.
 
 

Our bill prohibits the use of an individual’s sexual orientation as the basis for hiring, firing, promotion, or compensation. This kind of prohibition on discrimination is well-established in the law, and it can easily be applied to sexual orientation.
 
 

The bill has been realistically designed in an effort to avoid needless controversy and keep our eye on the goal, which is to eliminate job discrimination against any Americans because of their sexual orientation.
 
 

This bill is not about granting special rights – it is about righting senseless wrongs.
 
 

What it requires is simple justice for gay men and lesbians who deserve to be judged in the workplace – like all other Americans – by their ability to do the work.
 
 

The bill is narrowly drafted in five key respects. First, no claims would be permitted based on under-representation of gay people in the workforce. Second, the legislation makes clear that preferential treatment, including any quota, is prohibited. Third, the religious exemption is broadly applied. Fourth, benefits for domestic partners are not required. Fifth, the Act does no apply to members of the armed forces; that issue is now settled, at least for the Congress, and we do not seek to re-open it.
 
 

Today, job discrimination on the basis of sexual orientation is too often a fact of life. Throughout the country, qualified employees live in fear of losing their livelihood for reasons that have nothing to do with their job skills or their job performance. Yet there is no federal prohibition on such discrimination.
 
 

This bill is about real Americans whose lives are being shattered and whose potential is being wasted. Today we will hear directly from two such individuals – fellow Americans who performed well but for whom merit did not matter.
 
 

Some states have already outlawed such discrimination, but in 42 other states, qualified lesbians and gay men with excellent records can be fired without warning, just for being gay. It happens every day. And IL-he price of this prejudice, in both human and economic terms, is unacceptable.
 
 

Job discrimination is not only un-American – it is counterproductive. It excludes qualified individuals, lowers workforce productivity, and hurts us all. For our nation to compete effectively in a global economy, we have to use all available talent and create a workplace environment where everyone can excel.
 
 

This view is shared by many leaders in both labor and management, who understand that ending discrimination based on sexual orientation is good for workers, good for business, and good for the country.
 
 

Our legislation is bipartisan. It is sponsored now by 30 Senators and 125 Members of the House of Representatives and I am confident the numbers will grow. We have the support of a broad-based coalition that includes Coretta Scott King and former Senator Barry Goldwater – the conscience of civil rights and the conscience of conservatives.
 
 

Today’s hearing brings us closer to the ideals of liberty and equal opportunity. I look forward to the testimony of our witnesses, and to working with my colleagues on the Committee and in the Congress to enact this needed measure.