Arguments Against ENDA: Inquiries Into Employee Sexual Orientation

[Shana A]

Monday, October 12, 2009
Arguments Against ENDA: Inquiries Into Employee Sexual Orientation
Dr. Jillian T. Weiss

http://transworkplace.blogspot.com/2009/10/arguments-against-enda-inquiries-into.html

Some are concerned that ENDA will require employers to begin inquiring into their employee's sexual orientation and gender identity, in order to avoid lawsuits alleging discrimination if there are few LGBT employees in the workplace. This concern is misplaced for several reasons. However, it has led some legislators to express concern about ENDA, including Senator Richard Lugar of Indiana. Senator Lugar seemed supportive of ENDA in the past, but recently released a letter expressing his reservations. One of his concerns was that ENDA will lead employers to probe their workers.

ENDA Will Not Lead Employers To Probe Their Employees

[Julie Marie]

The idea that ENDA will bring about a flood of lawsuits is a concept borne out of discrimination.  Those who don't want ENDA passed will put a spin on why it shouldn't be passed.  Of course, the obvious questions here are, "If passing anti-discrimination laws will create a flood of discrimination lawsuits, doesn't that mean there's a lot of discriminating happening now?  And if there's a all this discrimination happening, shouldn't we do something about it?"

Julie

[sd]

Much of this stems from the statutes that claim you need X number of immigrants and such to keep a balanced workforce.

How can you require a specific percentage of LGBT employees when you can't ask their orientation, and worse, especially in the case of TG, the actual percentage of the population is not accurately known.

As far as I know, this is NOT in the bill.

[Julie Marie]

How can you require a specific percentage of LGBT employees when you can't ask their orientation, and worse, especially in the case of TG, the actual percentage of the population is not accurately known.

The EEOC require and monitor that if there was such a thing in the EEOC.  So percentages are not the issue here.  It's discrimination in the workplace for existing or prospective employees.  ENDA is supposed to protect against that.  Lugar is saying if there's a law that says you can't discriminate against LGBT people then the lawsuits will start rolling in and flood the courts.

Julie