The Obama administration renewed its push today for legislation that would prohibit employment discrimination against gays and lesbians.
Thomas Perez, the U.S. Justice Department's assistant attorney general for civil rights, testified before a Senate panel that the legislation is a "top legislative priority" for the administration, even as the White House focuses on health care and global warming. The legislation was first introduced at least 15 years ago, but advocates for gays and lesbians are optimistic that it will pass in 2010.
Perez, giving his first testimony on Capitol Hill since his confirmation a month ago, said the federal government is at a loss now to fight discrimination based on sexual orientation or gender identity. Twenty-one states explicitly prohibit employment discrimination based on sexual orientation, he said.
“There’s nothing more frustrating for a law enforcement officer than to hear a horrific tale and to tell that person, ‘You have been wronged, and there’s nothing I can do for you.’ That is a horrible feeling,” Perez said. “This bill is going to enable us to correct that.”
The “Employment Non-Discrimination Act” would make it unlawful for an employer “to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual's actual or perceived sexual orientation or gender identity.”
As with other forms of discrimination, the Justice Department’s Civil Rights Division, which Perez leads, would enforce the law against municipalities and other public employers. The Equal Employment Opportunity Commission would do so against private employers.
Sen. Tom Harkin (D-Iowa), chairman of the Senate Committee on Health, Education, Labor, and Pensions, promised action on the bill once lawmakers finish their work on healthcare and other higher priorities. “We’re going to move this bill next year,” Harkin said.
Other witnesses before the committee included Camille Olson, a partner in the Chicago office of Seyfarth Shaw who said that some of the legislation’s language is too vague, and Illinois Attorney General Lisa Madigan, who said that a similar state law has not led to a predicted avalanche of litigation against employers.
About time!
Posted by: twitter.com/MplsLawyer | November 05, 2009 at 05:53 PM