POLL: Huge Majority Supports LGBT Workplace Equality

A new poll commissioned by Human Rights Campaign confirms that the vast majority of Americans believes that employment discrimination on the basis of sexual orientation or gender identity should be illegal.

The poll found a vast majority (77 percent) of voters support protecting LGBT people from discrimination in employment.  The support for employment protections defies conventional political wisdom, reaching across party and ideological lines.  Seventy percent of self-identified Republicans and 67 percent of conservatives support anti-discrimination laws.  Support is strong even among groups who tend to be less supportive of LGBT issues, such as seniors (69 percent among voters over age 65), those with a high school degree or less (68 percent), observant Christians (77 percent), born-again Christians (74 percent), and residents of the Deep South (72 percent). 

In a finding showing a need for more public outreach and education for employment non-discrimination laws, most voters believe anti-discrimination laws already exist.  Eighty-seven percent of voters believe it is illegal under federal law to fire someone for being gay and 78 percent believe it is illegal under state law.  Even in states without anti-discrimination laws, 75 percent of voters think it is illegal under state law to fire someone for being gay or lesbian. 

Of course there is pending federal legislation called the Employment Non-Discrimination Act which would actually make the law comport with what most people believe the law is already: illegal to fire workers because they are LGBT.

But it is absolutely unlikely to pass Congress while the Republicans control the majority of the U.S. House.

POLL: Americans Supports Trans Equality

There is excellent news about a new poll which bolsters the case for strong transgender civil rights protections.

The Public Religion Research Institute concluded:

Overwhelming majorities of Americans agree that transgender people should have the same general rights and legal protections as others.*

·              Approximately 9-in-10 (89%) Americans agree that transgender people deserve the same rights and protections as other Americans.

·                     Overwhelming majorities of all major religious groups agree that transgender people should have the same rights and protections as other Americans, including approximately 8-in-10 (83%) white evangelical Protestants, and roughly 9-in-10 Catholics (93%), white mainline Protestants (90%), and the unaffiliated (95%).

·                     Overwhelming majorities of Republicans (86%), Independents (94%), and Democrats (92%) also agree.

·              More than 8-in-10 (81%) Americans agree that legal protections for gay and lesbian people should also include transgender people.

Approximately three-quarters of Americans both say Congress should pass employment nondiscrimination laws to protect transgender people, and favor Congress’s recent expansion of hate crimes legislation to protect transgender people.

·              Three-quarters of Americans agree that Congress should pass laws to protect transgender people from job discrimination.

·                     Solid majorities of every major religious group agree that Congress should pass laws to protect transgender people from job discrimination, including nearly two-thirds (65%) of white evangelical Protestants.

·                     A majority (55%) of Republicans agree that Congress should pass laws to protect transgender people from job discrimination, as do overwhelming majorities of Independents (79%) and Democrats (86%).

·              Approximately three-quarters (74%) of Americans also favor Congress’ recent expansion of federal hate crime laws to include crimes committed on the basis of the victim’s gender, sexual orientation or gender identity, compared to only 22% who oppose.

·                     Solid majorities of every major religious group favor Congress’ recent expansion of hate crimes legislation to include gender identity. White evangelical Protestants demonstrate the lowest support, but nearly two-thirds (64%) of this group favor including gender identity in hate crimes laws.

·                     A majority of Republicans (56%) and approximately 8-in-10 Independents (79%) and Democrats (84%) also agree.

Approximately two-thirds of Americans both report being well informed about transgender people and issues, and generally understand what the term “transgender” means.

·              Two-thirds of Americans agree that they feel well informed about transgender persons and issues, while 3-in-10 disagree.

·              In order to determine whether Americans understood the term “transgender,” PRRI conducted a follow-up survey in September 2011 that asked respondents to report what the term “transgender” meant to them in their own words. Among the 91% of Americans who report that they have heard of the term transgender, 76% give an essentially accurate definition. Thus, overall, more than two-thirds (69%) of Americans are able to identify what the term “transgender” means without any assistance.

·                     Forty-six percent define a transgender person as someone who switches from one gender to another, either generally (39%) or through a medical procedure (7%).

·                     Eleven percent define a transgender person as someone who lives like the opposite gender (6%) or identifies more with the opposite gender (5%).

·                     Ten percent describe a transgender person as someone who is born the wrong sex or born in the wrong body.

·                     Nine percent define a transgender person as someone who has identified with both genders.

·              The following are examples of verbatim responses:

·                     “A person who feels like they are more like the other sex”

·                     “It’s someone born one sex, and they think they’re another”

·                     “Generally someone who thinks they are in the wrong body”

·              Eleven percent of Americans say that they have a close friend or family member who is transgender, compared to 58% who say that they have a close friend or family member who is gay or lesbian.

Largest Private Employer In U.S. Adds Trans Protections

Well this is good news! The largest private employer in the United States (and 3rd largest in the world!) is Walmart, and they just recently announced that they have changed their discrimination policies to protect transgender employees.

According to the Windy City Times:

Big box retail giant Wal-Mart has added transgender protections to its employee non-discrimination policy.The protections include gender identity and gender expression said Phillip Keene, a company spokesperson.
Keene did not confirm when the new policy went into effect, only that the change was made "several weeks ago."
News of the new policy has not been widely publicized.
Sexual orientation protections are already a part of the company's "Discrimination and Harassment Prevention Policy."

Unless the Employment Non-Discrimination Act passes Congress and  is signed by the President , this is probably the largest expansion of job protections that will happen in  the Congressional term.

NFL Player-Owner Agreement Bans Anti-Gay Discrimination

This is another sign of the demise of the salience of homophobia in American life. The National Football League agreement between the players' union and the owners guarantees non-discrimination based on sexual orientation.

Section 1. No Discrimination: There will be no discrimination in any form against any player by the Management Council, any Club or by the NFLPA because of race, religion, national origin, sexual orientation, or activity or lack of activity on behalf of the NFLPA.

Hat/tip to Wide Rights! If you can't discriminate against gay soldiers or gay football players why should you be able to discriminate in 31 states against gay employees in private businesses?

Another Gay Rights Win For Obama: DADT Ends 09/20/2011

Today, President Barack Obama, Secretary of Defense Leon Panetta and Joint Chiefs of Staff Admiral Mike Mullen all certified that the lifting of the ban on open service by lesbian, gay or bisexual Americans in the U.S. Armed Forces will not negatively impact national security. The certification was the last step to be taken after DADT repeal legislation passed the Congress last December and was signed into law by the President in front of a crowd of cheering supporters. The military's anti-gay policy will cease to be in effect 60 days after today's certification, or on September 20, 2011.

This is the another huge gay rights win which must be credited to Obama, following his enactment of the federal hate crimes act in 2009, his determination by the federal government that laws affecting sexual orientation must receive heightened scrutiny and thus declaring DOMA to be unconstitutional earlier this year and now the enactment of the repeal of "Don't Ask, Don't Tell."

The main thing left on the gay rights agenda is some forward movement on federal government forcing it's contractors not to discriminate on the basis of sexual orientation or gender identity, since it is unlikely that the Employment Non-Discrimination Act (ENDA) will be passing Congress any time soon.

Statement by the President on Certification of Repeal of Don't Ask, Don't Tell

Today, we have taken the final major step toward ending the discriminatory ‘Don’t Ask, Don’t Tell’ law that undermines our military readiness and violates American principles of fairness and equality.  In accordance with the legislation that I signed into law last December, I have certified and notified Congress that the requirements for repeal have been met.  ‘Don’t Ask, Don’t Tell’ will end, once and for all, in 60 days—on September 20, 2011. 

As Commander in Chief, I have always been confident that our dedicated men and women in uniform would transition to a new policy in an orderly manner that preserves unit cohesion, recruitment, retention and military effectiveness.  Today’s action follows extensive training of our military personnel and certification by Secretary Panetta and Admiral Mullen that our military is ready for repeal.  As of September 20th, service members will no longer be forced to hide who they are in order to serve our country.  Our military will no longer be deprived of the talents and skills of patriotic Americans just because they happen to be gay or lesbian.

I want to commend our civilian and military leadership for moving forward in the careful and deliberate manner that this change requires, especially with our nation at war.  I want to thank all our men and women in uniform, including those who are gay or lesbian, for their professionalism and patriotism during this transition.  Every American can be proud that our extraordinary troops and their families, like earlier generations that have adapted to other changes, will only grow stronger and remain the best fighting force in the world and a reflection of the values of justice and equality that the define us as Americans.

DADT Certification

MAP: Sexual Orientation & Gender Identity Discrimination in U.S.

This map is what the state of play in sexual orientation and gender identity discrimination in employment looks like in the various states as of March 2011. There are 29 states that have no protections for LGBT people in employment in any way (so your boss can say, "I'm firing you because you're a fag!") and you have no recourse what so ever.

As of July 6th, there are now 15 states which ban discrimination on the basis of gender identity, and there are 21 which ban employment discrimination on the basis of sexual orientation or gender identity (all the states which ban gender identity discrimination also ban sexual orientation discrimination). The six states which do not overlap are: New York, Wisconsin, New Hampshire, Massachusetts, Maryland and Delaware. (One should note that 3 of these 6 states have already enacted marriage equality!) Wisconsin is  ahead scratcher because they passed sexual orientation non-discrimination way back in 1982, the first state in the country to do so. There was gender identity nondiscrimination legislation pending  in New York and Maryland which died when those legislative sessions ended this Spring.

The Employment Non-Discrimination Act (ENDA) would prohibit employment discrimination nationwide on the basis of sexual orientation or gender identity. Significantly, A version of ENDA (without gender identity protection, thus some people called it "SplENDA") passed the U.S. House under Democratic control in 2007 but failed to be brought up for a vote in the 2009-2001 111th Congress. With Republicans in majority control of the U.S. House it is very doubtful that ENDA will pass that body in the 2011-2013 112th Congress.