Senate Majority Leader Harry Reid Expresses Support in Obama’s Use of Executive Order for ENDA

Image gives credit to Scott Applewright (AP).

After the House Speaker John Boehner has announced that most likely he will not schedule the Employment Non-discrimination Act (ENDA) for a vote on the house floor this year, Senate Majority leader Harry Reid on the other hand has expressed his support with the President’s plan to use his executive power to assert the bill.

During an interview with the Huffington Post, Reid has affirmed that if Pres. Barack Obama decides to use his executive order to ban employment discrimination against lesbian, gay, bisexual and transgender (LGBT), then he would be in favor of it.

For years, the LGBT community and its advocates have been putting increasing efforts in pushing any law that would likely illegalize employment discrimination on the basis of sexual orientation or gender preference. 

Fortunately for them, Obama is in favor of a law that would end employment inequality against LGBT. In fact, Obama’s previous pledge to use his executive power to pass such law has given them a bright hope.

However, their hopes started to fade after Obama has failed to mention anything about ENDA during his recent State of the Union address.

Their disappointment was further aggravated by Boehner’s recent statement that there was no way ENDA would pass the Republican-controlled House of Representatives this year.

It could be remembered that Boehner has been portrayed and considered as one of the opponents of the said bill.

Although the White House is hopeful that the bill would pass, ENDA remains stagnated in Congress after it made a historic pass in the senate floor last November.

So far, despite the existing labor laws barring employment discrimination, nothing bars discrimination on the basis of sexual orientation and gender preference. If ENDA has been passed into a law, although an executive order would only cover federal workers, still, it could protect 16 million Americans or roughly 20 percent of the entire U.S. workforce.

Employers Use Facebook to Discriminate Applicants

Whether or not the Employment Non-discrimination Act (ENDA) gets a vote in the House of Representatives, it might not matter at all if employers are using social media to make employment decisions.

In a new study conducted by the researchers at Carnegie Mellon University, it was revealed that about one-third of U.S. companies rely on social media to snoop on prospective hires.

According to the said research, as employers searched for an applicant’s social media profile and found photos or posts suggesting that the latter is a Muslim, he or she is said to be 14 percent less possible to be hired than an applicant who is a Christian.

Although the difference between the two religions is not statistically significant on a nationwide basis, in some conservative states, it is a big deal.

“Technology is making it easier and more frequent to explicitly and implicitly reveal personal information about ourselves…that can be accessed by employers very easily and with very little detection,” said Alessandro Acquisti, co-author of the research.

“The potential for discrimination via social media is another example of the tension between the law and evolving technology,” he added.

The lists of existing federal labor laws do prohibit employment discrimination on the basis of race, religion, gender, disability, age and pregnancy. However, there have been no laws that directly suggest that employment discrimination through the use of social media is illegal. Also, under the ENDA, which is currently trying to score a vote in the House of Representatives, it only prohibits discrimination on the basis of gender orientation and sexual preference; nothing about making employment decision based on what they search online is cited on the said legislation.

Recently, some states are trying to explore legislation that would prevent employers from being able to request an applicant’s social media password from applicants and employees. However, such measure seems to have vanished.

Given that social media is an increasingly loud advantage for job seekers to maintain and show off their updated online portfolios, it is likewise a subtle avenue for them since this is where most employers can discriminate them without their knowledge.

Any unsuspecting photo displaying his faith or holding a same-sex partner’s hand could hinder a jobseeker’s chances of getting hired.

Apparently, since it is now illegal for employers to discriminate against applicants based on their religion or sexuality under the existing labor laws, employers  tend to consult Facebook Twitter, and other social media sites, if they really want to know.

In Los Angeles, although several companies have a current policy that creates legal risk for managers snooping through social media profiles during the hiring process, a discrimination attorney advises job hunters to be careful in choosing what to share on social media. “Although social media a powerful way to land a job, it could also keep you unemployed,” he said.

POLL: LGBTs Prefer to Work in States that Recognize Same-sex Marriage

In a recent survey released by a lesbian, gay, bisexual and transgender (LGBT) advocacy group, Out and Equal Workplace Advocates, it was revealed that approximately half of LGBT individuals in the labor force would opt to change their jobs once their employer required them to transfer to a state where same-sex marriages are not recognized.

According to the Harris poll, nearly 60 percent of LGBT employees said they would not consider working in a state that does not welcome same-sex marriage even it would mean a promotion for them.

Also, 79 percent of the LGBT employees prefer to work in states that acknowledge same-sex marriage than in states that do not allow such.

Moreover, the survey also found that 67 percent of Americans, regardless of their feelings of approval or disapproval, believe that marriage equality is now unavoidable everywhere in the U.S., according to a news resource.

In addition, the report also mentioned that nearly a third of the closeted LGBT employees claimed that they are more comfortable to come out in their workplace if the Employment Non-discrimination Act (ENDA) is finally passed by the Congress.

Incidentally, the said bill that would eventually ban workplace discrimination on the basis of gender identity or sexual orientation is expected to come to a vote in the U.S. Senate this fall.

Going back to the poll, it also found out that eight out of ten adults erroneously think that workplace discrimination against gay employees is already a federal law.

Meanwhile, for many of the LGBT employees in Los Angeles, the recognition of same-sex marriage is a significant historic breakthrough. Thus, many of the employment lawyers serving the county and its neighboring cities believe that it is the right time to renew their efforts to support the ENDA that is absolutely extended to sexual orientation and gender identity.

It can be remembered that just a few days ago, several employment lawyers posted an online infographic presenting the top ten states that are LGBT employee-friendly.  You can check it out for your reference here.

Employment Non-discrimination Act (ENDA) Gets a Go Signal from Senate Committee

Just after the entire nation lawfully welcomes same-sex marriage in the society through the Defense of Marriage Act (DOMA), here is another first in the United State’s historic events.

Early this month, the lesbian, gay, bisexual and transgender (LGBT) community got another reason to celebrate as a senate committee passed the Employment Non-discrimination Act (ENDA) that would end employment discrimination on the basis of sexual orientation and gender identity.

Last July 10, the Senate Committee on Health, Education, Labor and Pensions has made the remarkable approval of the bill. All democrats backed the bill along with three Republicans – Sen. Mark Kirk (Ill.), Sen. Lisa Murkowski (Ak) and Sen. Orrin Hatch (Ut).

In her statement, Murkowski claimed that she believe that individuals in the workforce should be judged on how they can do the job and not on their sexual orientation. “Improvements might be in order to in the form of floor amendments, but discrimination should never be tolerated in the workplace.” She added.

Since ENDA was first introduced in Congress in 1994 by Rep. Jared Polis (D-Co) and Sen. Jeff Merkley (D-Or), and has gotten some hearings for years, never it had earned a vote on the House or Senate floor since November, 2007, when it passed the House by 234-184.

Ironically, during the recent discussion, the committee only spent 15 minutes discussing the bill that has been stagnated for long years before eventually passing it.

In a statement issued by Harkin applauding the bipartisan’s great effort in crafting the bill, he hopes that the full Senate will finally take up the bill by fall. Also, the White House and even Pres. Barack Obama himself issued a statement lauding the committee’s recent action and subsequently pressed the House to move forward on this bill that would put an end to one of America’s biggest problem in the workforce, the employment discrimination based on sexual orientation and gender identity.

For years, Obama has long been known to be a supporter of ENDA. Thus, in the past few weeks, he has been repeatedly calling for the approval of the said bill.

So far, the current federal law prohibits employment discrimination based on race, religion, sex, national origin, age and disability. Unfortunately, discrimination on the basis of sexual orientation or gender identity is excluded in its coverage. Thus, if ENDA would be passed into law, the GLBT workers would be given with strong, lasting and comprehensive protections against employment discrimination based on sexual orientation or gender identity, explained by a labor discrimination attorney.

Major Issues Employers Need to Deal With In Light of DOMA Repeal

In its recent ruling regarding the Section 4 of the Defense of Marriage Act (DOMA), the U.S. Supreme Court has apparently opened the door to lesbian, gay, bisexual and transgender employees across the country.

However, from an employment perspective, while the decision has finally addressed few questions, many issues remain unanswered.

Here are some of the issues that employers, including those who are in states that do not acknowledge same-sex marriage, need to deal with in light of the DOMA repeal:

•    Family and Medical Leave Act (FMLA)

In states that acknowledge same-sex marriage, the definition of “spouse” will definitely include a spouse of the same-sex couple.

Meanwhile, in states that do not recognize same-sex marriage, unfortunately, FMLA will not apply to same-sex marriages. Nevertheless, many believe that this issue will be a challenge in court in the future for states that do not have marriage equality statutes like Alabama.

•    Affordable Car Act (ACA), Cobra and Health Insurance Portability and Accountability Act (HIPAA)

These statutes make several references to “spouses” and “dependents.” Under ACA the “spouse” is excluded in ACA’s definition of “dependent”. Thus, the issue here is in the event that the insurance policy’s definition of “spouse” whether it would include same-sex marriage or not.

Other than that, which law applies in a case where a same-sex couple who are legally married in a state that acknowledges same-sex marriage moved to Alabama for employment? Should the federal law prevail? Or will the state law rule?

In policies that do not require coverage for spouses, exclusions would probably apply to both opposite-sex marriage and same-sex marriage.

Moreover, under HIPAA, marriage is a qualifying “change in status”. Thus, employees are allowed to immediately add a new spouse to a health plan if it covers spouses. Now, the question is, will this “change in status” apply to same-sex marriage employed in states with no marriage equality statutes even though they were legally married that recognizes same-sex marriage.

•    Employee Retirement Income Security Act (ERISA) and Employee Benefit Plans

This is a very vague area. Plans define “spouse” and the same will need to be assessed after state and federal law. Now, the confusion here will be upon the amendment of plans. Will changes need to be retroactive? Most probably, litigation will be a good solution over this matter.

•    Federal Taxes

From now on, same-sex marriage couples can now enjoy the same federal tax benefits that opposite-sex marriage spouses used to enjoy. They can now take advantage of a tax-free status of health insurance benefits and inheritance. Also, you can expect same-sex marriage spouses to file amended federal returns, if they were lawfully married as well as to seek joint filing status if they desire.

•    Social Security Benefits
The DOMA repeal permits same-sex marriage survivors to enjoy the same federal benefits available to opposite-sex marriage survivors.

•    Employment Non-discrimination Act

Although not yet specifically addressed, but the a proposed bill banning employment discrimination on the basis of gender identity of sexual orientation is likely to become a law in the future. Therefore, employers have to learn to adopt the same by prohibiting LGBT discrimination in the workplace.

So far, a Los Angeles workplace discrimination lawyer believes that the recent DOMA repeal is just a portion of a significant change that will impact both employers and the employees in the future to come.

Obama Pushes Bill to End Employment Discrimination against Gay and Lesbian

In the past few days, the Employment Non-discrimination Act (ENDA) has been continuously gaining significant attention from several lawmakers. In fact, recent news report claimed that another senator, Sen. Jay Rockefeller, has joined the pool of lawmakers co-sponsoring the bill.

In addition, making things better for the bill is that the President Barack Obama himself is also making effort in pushing the same.

The media has confirmed that Obama endorsed the ENDA legislation that would protect the lesbian, gay, bisexual and transgender (LGBT) from being discriminated in the workplace on the bases of gender identity or sexual preferences.
 s announced by Obama during the celebration of LGBT Pride Month at the White House. His announcement was taken as another one great victory by the LGBT community and advocates.

“In 34 states, you can be fired just because of who you are or who you love. That’s wrong. There’s a bipartisan bill moving forward in the Senate that would ban discrimination against all LGBT Americans in the workplace, now and forever. We need to get that passed. I want to sign that bill. We need to get it done now”, Obama cited during the event.

For years, gay rights advocates have been waiting for Obama to throw his stance behind the controversial legislation that was actually repeatedly introduced and stagnated in Senate for almost a couple of decades.

Now, after Obama called for a prompt action regarding the said bill, a Los Angeles discrimination attorney speculated that the same would likely get a good shot in Congress this time.