Health Care

Floor Speech

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Mr. DURBIN. Madam President, I thank my colleague from Maine for her statement. This is not a partisan issue. Senator Mark Kirk, my Republican colleague from Illinois, is a cosponsor of this issue as well.

When it comes to discrimination, neither party has a monopoly on opposing discrimination. We should be working together. So I thank the Senator from Maine for speaking as she has so often for the kinds of liberties and values which we all should share in this country.

If we ask most Americans this very basic question: Is it legal to discriminate against someone because they are gay--to say I won't hire you, I won't promote you, I won't give you a raise--80 percent of Americans say, of course not. That can't be legal in America. The reality is that in more than half of the States it is legal, and in more than two-thirds of the States it is legal to discriminate based on gender identity. That which we take for granted as part of the ordinary course of life and business in America turns out not to be true. This ENDA bill, which is going to be considered on a procedural vote in about an hour, is an effort to establish a national standard of tolerance, a national standard against discrimination.

I come from a background--and I think most people do--that believes each person deserves a chance to prove themselves and that we shouldn't hold it against them if they happen to be a man or a woman, a person who is of one religious faith or another, or because of a person's national origin, race, or religion. We shouldn't discriminate against people based on that. It really strikes me as fundamental to what we are as Americans to say that everyone deserves a chance to be judged on the merits, on the basis of their performance. This Employment Non-Discrimination Act, on which we will consider a procedural vote in about an hour, is an effort to enshrine that into law at the Federal level.

Some of the critics say: Why are you doing this? The House of Representatives will never take this up; they will never consider it. Well, I think it is our responsibility to speak out in favor of doing the right thing. I am hoping that, as we saw with the statement from the Senator from Maine, Republicans will step up and realize that this shouldn't be a partisan issue, and that the Republican-controlled House of Representatives, where the Republicans have the majority, will actually stand and speak against this form of discrimination.

As many as 48 percent of lesbian, gay, or bisexual Americans and 59 percent of transgender Americans have no legal protection against discrimination in the workplace. In 29 States, lesbian, gay, and bisexual Americans have no legal protection. In three States, transgender Americans have no protection. Between 15 percent and 43 percent of LGBT people have experienced discrimination or harassment in the workplace as a result of their sexual orientation. Twenty-six percent of transgender people report having been fired from a job because of gender identity, and 90 percent reported experiencing harassment, mistreatment, or discrimination.

Those are terrible statistics, but there is a ray of hope. We found it on the issue of marriage equality, and we found it when it comes to discrimination based on sexual orientation, and here is what is most hopeful: Younger people don't feel this way. The newer generation across America looks at the older folks, scratches their heads, and says: What are you doing? Why would you possibly discriminate against someone because of their sexual orientation?

There are some who will decry this as the deterioration of American values. Not me. I think it is an indication that each generation has an opportunity to expand opportunity, an opportunity to expand freedom, and to put to rest discrimination. How many times has it happened throughout our history? We waged a Civil War over the issue of race and slavery, and in our Constitution women were treated as second class citizens and not allowed to vote until the 20th century. We have seen similar discrimination against groups throughout our history. We know it happened in the early days when it came to discrimination against those who were disabled and faced other disabilities. All of that is changing for the better. We are moving toward a society that really judges people based on what they do with their lives, how they conduct themselves.

When we extend Federal employment discrimination protections currently provided based on race, religion, sex, national origin, age, and disability to sexual orientation and gender identity, we will be moving forward on this Employment Non-Discrimination Act, which is known as ENDA. In this measure, we prohibit public and private employers with more than 15 employees, employment agencies, and labor unions from using an individual's sexual orientation or gender identity as the basis for employment discrimination such as hiring, firing, promotion or compensation. We apply to Congress and the Federal Government as well as employees of State and local governments the same basic protection.

This bill reflects what the business community is largely already doing. A majority of Fortune 500 companies have sexual orientation and gender identity nondiscrimination policies in place. More than 100 companies have already endorsed this bill.

Recent polling has shown the majority of small businesses have sexual orientation and gender identity nondiscrimination policies in place. One might say: If so many businesses are already moving in this direction, why do we need it? Well, the vast majority of American businesses didn't discriminate based on race, but to protect people looking for jobs, and others, we wanted to make sure everyone was protected in the Civil Rights Act.

The business community from Wall Street to Main Street understands that hiring the best and brightest, without considering irrelevant characteristics such as sexual orientation and gender identity, is the best way to compete in our global economy.

ENDA would extend the protections already offered by the majority of businesses to level the playing field and ensure that all Americans have equal protection against employment discrimination.

We do not get many chances in this job to make a mark in history. This will be our chance in the Senate. In just an hour we will have this procedural vote. We need 60. We have 55 Democrats, but we need 5 Republicans to step up and join us. I believe we will have them, and I hope many more.

Let's make this a solid bipartisan effort, a solid stand against discrimination. That ought to be one issue that brings both parties together. With a solid vote coming out of the Senate, I hope our friends on the opposite side of the Rotunda will follow our lead and they will consider and pass this important and historic legislation.

I yield the floor and suggest the absence of a quorum.

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