Statements On Introduced Bills And Joint Resolutions

Floor Speech

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By Mr. MERKLEY (for himself, Ms. Collins, Mr. Kennedy, Ms. Snowe, Mr. Akaka, Mr. Bingaman, Mrs. Boxer, Mr. Brown, Mr. Burris, Ms. Cantwell, Mr. Cardin, Mr. Casey, Mr. Dodd, Mr. Durbin, Mr. Feingold, Mrs. Feinstein, Mr. Franken, Mrs. Gillibrand, Mr. Harkin, Mr. Inouye, Mr. Kerry, Ms. Klobuchar, Mr. Kohl, Mr. Lautenberg, Mr. Leahy, Mr. Levin, Mr. Lieberman, Mr. Menendez, Ms. Mikulski, Mrs. Murray, Mr. Reed, Mr. Sanders, Mr. Schumer, Mrs. Shaheen, Mr. Specter, Mr. Udall of Colorado, Mr. Udall of New Mexico, Mr. Whitehouse, and Mr. Wyden):

S. 1584. A bill to prohibit employment discrimination on the basis of sexual orientation or gender identity; to the Committee on Health, Education, Labor, and Pensions.

Mr. MERKLEY. Mr. President, I rise today to discuss the Employment Non-Discrimination Act, a bill I introduced with Senators Susan Collins, Ted Kennedy, Olympia Snowe, and more than 30 others. This historic bill will prohibit employers from discriminating against those employed or seeking employment, on the basis of their perceived or actual sexual orientation or gender identity.

Senator Kennedy has long been a champion for civil rights, and without his decades of leadership and determination, we would not have the strong coalition of support we exhibit today with the introduction of ENDA.

I would also like to thank the Human Rights Campaign and the Leadership Conference on Civil Rights for their strong commitment to this legislation.

Our country was founded on the principle of equal justice for all. It is that philosophy which has guided us through decades of progress. It is that philosophy which led to passage of the Civil Rights Act of l964. It was that act which paved the way for countless groundbreaking moments, and I am certain this is one of them.

Passage of the Civil Rights Act was a defining time in our history, the result of generations of people willing to march and struggle for equality. Although we have made progress, we continue that fight today. We continue that fight for those who have, for too long, been left out.

Let me be clear, discrimination on the basis of personal characteristics has no place in any workplace or in any State, and it is long overdue for Congress to extend American employees these protections. Under ENDA, employment decisions will be based upon merit and performance, not prejudice.

This is not a new idea. In fact, many states have already confronted this challenge. I am proud that Oregon has long been a leader on equality issues, and already offers protections to those discriminated against based on both sexual orientation and gender identity. But it was not easy. It is never easy.

Martin Luther King, Jr. said, ``Human progress is neither automatic nor inevitable. Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.''

For the first time in history, the Senate has before it a fully inclusive bill, extending employment protections to members of communities that have historically been left out. I am proud to be a part of this historic effort to ensure that no matter who you are, you have the right to earn a living.

Corporate America is light years ahead. More than 85 percent of Fortune 500 companies have implemented non-discrimination policies that include sexual orientation, and another third have policies that include gender identity.

Unfortunately, we are still faced with cases of employment discrimination that are entirely legal--a fact I find offensive and contradictory to the founding principles of this great nation.

In 2000, Linda, an attorney, relocated to Virginia where her partner had accepted a faculty position at a university. During her job search, Linda was invited for a second interview with a local law firm. During the interview, Linda was asked why she was moving to Virginia, and she replied that her spouse had taken a position at a local university.

The firm asked Linda to come back for a third interview, which included dinner with all the partners and their spouses to ``make sure they all got along.'' At that point, Linda told one of the partners at the firm that her spouse was a woman. It was not long before Linda was told that the firm would not hire a lesbian and the invitation to the final interview was rescinded.

Thankfully, Linda spoke out, but there are still countless instances where victims of this type of discrimination remain silent.

By extending the protection of Title VII to those victimized purely because of who they are, we move one step closer to that fundamental principle of equal justice for every American.

I am proud that we are again taking a step toward progress. I hope my colleagues will move swiftly to pass the Employment Non-Discrimination Act, which will ensure that every American receives equality under the law.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the text of the bill was ordered to be printed in the Record

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