BROAD SUPPORT FOR FEDERAL PROTECTION

Business leaders support equality in the workplace

A significant number of large and small businesses support the goals of ENDA, and many have already adopted their own corporate non-discrimination policies. 99

[Footnote] Employers promote equality not only because it is the right and moral thing to do, but also because it makes good business sense. Today, nearly 90 percent of the Fortune 500 ranked corporations include workplace protections based on sexual orientation. 100

[Footnote] Charles Gifford, Chairman and CEO of FleetBoston Financial, testified before the Senate that the trend among businesses indicates that corporate leaders view anti-discrimination policies to protect GLB workers as good for business noting `the closer a company is to the top of the Fortune list, the more likely it is to include sexual orientation in its non-discrimination policy.' 101

[Footnote]

[Footnote 99: The State of the Workplace 2006-2007, The Human Rights Campaign (2007) at 7. [hereinafter Human Rights Campaign Report]]

[Footnote 100: Human Rights Campaign Report.]

[Footnote 101: The Employment Non-Discrimination Act, hearing Before the Senate Health, Education, Labor and Pensions Committee, 107th Cong., 2 Sess. (2002) (written testimony of Charles Gifford, Chairman and CEO, FleetBoston Corporation, at 30) [hereinafter Gifford Testimony].]

In an effort to attract and retain GLB workers and fair minded employees and consumers, companies acknowledge that such internal and public policies are necessary to preserve a stable and developing economy. More than half of the nation's employers in 2007 assert that one of their primary business goals is to retain employees. 102

[Footnote] Hayward Bell, Chief Diversity Officer of Raytheon (73,000 employees) stated that `over the next 10 years we're going to need anywhere from 30,000 to 40,000 new employees. We can't afford to turn our back on anyone in the talent pool.' 103

[Footnote]

[Footnote 102: Human Rights Campaign at 13.]

[Footnote 103: Id.]

Maintaining a satisfied and productive workforce within any company is critical to a business' success, and forward-thinking employers are taking crucial steps to ensure as much productivity in this area as possible. General Mills, Inc., with over 28,500 employees worldwide, voluntarily holds as its policy that GLB inclusion in the workplace `only makes good business sense to create a work environment where every employee is respected, valued, challenged, and rewarded for their individual contribution and performance. Because when you do this, good things happen.' 104

[Footnote]

[Footnote 104: Employment Non-Discrimination Act (H.R. 2015), Hearing Before the Subcommittee on Health, Employment, Labor & Pensions, 110th Cong., 1st Sess. (2007) (written testimony of Kelly Baker, Vice President of Diversity, General Mills, Inc.) [hereinafter Baker Testimony]]

Testifying before the Senate HELP Committee hearing, Charles Gifford, Chairman and CEO of FleetBoston Financial stated that members of his company's gay and lesbian community `remind [him] of how tiring it can be to stay `in the closet' and how much energy is wasted and how focus is diverted from their job when they feel they must conceal so much of who they are.' 105

[Footnote] Robert Berman, senior Vice President of Eastman Kodak, testified that one key reason for Kodak's success has been the company's work environment `in which [our] employees can perform to their full potential. In the same way [we] value each and every one of [our customers], we also value each and every one of [our] employees.' 106

[Footnote] Berman testified that while it was unusual for companies to support legislation that would invite further Federal regulation, `the protection against discrimination because of one's sexual orientation is a basic civil right. [The] issue is so fundamental to core principles of fairness that [we] believe the value of Federal leadership outweighs [any] concerns.' 107

[Footnote]

[Footnote 105: Gifford Testimony at 31.]

[Footnote 106: The Employment Non-Discrimination Act, hearing Before the Senate Health, Education, Labor and Pensions Committee, 107th Cong., 2 Sess. (2002) (written testimony of Robert Berman, Senior Vice President, Eastman Kodak, at 32) [hereinafter Berman Testimony].]

[Footnote 107: Id.]

Smaller employers also testified to the positive impact of implementing acceptance policies, stating that such policy represents the `importance of creating a workplace that welcomes the best and the brightest, from all walks of life.' 108

[Footnote] Lucy Billingsley, founder and partner of Billingsley Company in Dallas Texas testified to the Senate HELP Committee that her `workplace is a collaborative environment where employees can work hard together to beat the competition, regardless of sexual orientation. As a small business [we] can afford nothing less.' 109

[Footnote]

Businesses such as IBM Corp., Eastman Kodak Co., American Express and Microsoft also provide comprehensive health benefits specific to GLB needs. 110

[Footnote]

[Footnote 108: Employment Non-Discrimination Act (H.R. 2015), Hearing Before the Subcommittee on Health, Employment, Labor & Pensions, 110th Cong., 1st Sess. (2007) (written testimony of Nancy Kramer, Founder & CEO, Resource Interactive (200 employees), at 1) [hearinafter Kramer Testimony]]

[Footnote 109: Billingsley Testimony at 31.]

[Footnote 110: Id.]

All of the evidence above provides persuasive evidence--which Congress credits--that from the perspective of business efficiency, discrimination based on irrelevant characteristics such as sexual orientation is completely irrational.

Civil rights & religious leaders support a federal non-discrimination law

ENDA has been endorsed by over 180 civil rights, religious, labor, and women's rights organizations. 111

[Footnote] These communities have articulated their support on moral and economic grounds. As a moral issue, extending workplace protections to GLB workers will further the goals of equality and fairness in the workplace to all people. Many faith organizations of various denominations have taken part in a strong movement against discrimination: including the Episcopal Church, the Union for Reform Judaism; the United Church of Christ; the United Methodist Church; the American Friends Service Committee as well as many individual Quaker institutions; the Unitarian Universalists; the Universal Fellowship of Metropolitan Community Churches; and the Interfaith Alliance.

[Footnote 111: As represented by the Leadership Conference on Civil Rights (Coalition).]

Representative Emanuel Cleaver, an ordained minister in the United Methodist Church, spoke candidly about the legislation during the HELP Subcommittee hearing, stating `[as a minister], no one has yet explained to me how keeping someone from gaining equal consideration based on their individual skill set to obtain lawful employment pleases God.' 112

[Footnote] He and others in the civil rights and religious community agree that ENDA seeks simply to `further extend the rights of individuals who have been marginalized and discriminated against and denied legal Federal protection for an equal playing field when they seek employment.' 113

[Footnote]

[Footnote 112: The Employment Non-Discrimination Act, hearing Before the Senate Health, Education, Labor and Pensions Committee, 107th Cong., 2nd Sess. (2002) (written testimony of Rep. Emanuel Cleaver, II).]

[Footnote 113: Id.]