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Nov 30th, 2011
Posted by Ian Thompson, Washington Legislative Office at 12:35pm

Making It Better in the Big Leagues

Many people may have been too preoccupied with holiday travel and tasty food to notice, but last week Major League Baseball (MLB) and the Players’ Association reached a new, five-year collective bargaining agreement (CBA), which ensures that America’s pastime will continue uninterrupted through the 2016 season. So what, you ask? What has this got to do with civil liberties? Well, included in the new CBA are important sexual orientation nondiscrimination protections.

When I first heard about this latest civil rights advance for current and future gay professional baseball players, I immediately thought of the late Glenn Burke, a former outfielder for the Los Angeles Dodgers and Oakland A’s in the late 1970s who was also the first MLB player to publicly acknowledge that he was gay. Despite putting up solid numbers and playing in a World Series, Burke was driven from baseball in 1980 at the age of 27. As was reported in the New York Times obituary at the time of his death, Burke said people too many people in baseball condemned his sexuality:

Prejudice drove me out of baseball sooner than I should have. But I wasn’t changing.

It breaks my heart that this man was driven from the game of baseball and never permitted the opportunity to reach his full potential because he was gay. While we should certainly honor his memory and fighting spirit against imposed closets, we should aspire for a world where this could never again happen to another player. This new agreement seems like an important step in the right direction.

The most recent announcement comes on the heels of the NFL CBA which was finalized over the summer and also included specific sexual orientation nondiscrimination protections. Professional football and baseball join professional soccer and hockey in having nondiscrimination policies that include protections based on player’s sexual orientation.

These nondiscrimination policies are important because they remove some of the risk for a player if he decides to come out and live openly. And yes, job security is important, even in the world of professional sports. Amazing though it may seem in the year 2011, there still is no federal law that expressly protects people from discrimination in employment on the basis of either sexual orientation or gender identity. Clearly the U.S. Congress could learn a thing or two from the big leagues and finally pass the Employment Non-Discrimination Act (ENDA).

Throughout the 2011 baseball season, numerous teams contributed videos to the It Gets Better Project, including the San Francisco Giants who were the very first to do so. Well, this new MLB CBA is actually a concrete example of team owners and players coming together to make it better. As I originally said at the time the NFL CBA protections were announced, I hope the important nondiscrimination message in these professional sports agreements makes its way down to both college and high school athletes. Knowing that it gets better even in the world of professional sports can really be a game-changer for LGBT youth, particularly those involved in athletics.

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Tags: enda, Glenn Burke, LGBT discrimination, Major League Baseball

Sep 28th, 2011
Posted by Ian Thompson, Washington Legislative Office at 1:44pm

Making It Better in the NFL

And here football fans thought, at least from our perspective, that one of the most important things the new NFL collective bargaining agreement (CBA) between team owners and players did was end the lockout and remove the ominous cloud of a possible lost season. It turns out, the agreement included an important civil rights advancement.

Over the weekend, it was reported that the new CBA that was finalized this summer includes non-discrimination language that protects on the basis of sexual orientation. As first reported by Pete Olson at Wide Rights, the language (found in Article 49) reads as follows:

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 [National Football League Players Association] because of race, religion, national origin, sexual orientation, or activity or lack of activity on behalf of the NFLPA.

This is a historic achievement in professional sports that may have slipped by and gone totally unnoticed by the general public. Writing on Advocate.com, Lucas Grindley nicely sums up the importance of this language, “If an NFL player decides to come out and live openly as a gay man, some of the risk of losing his job is now gone.” While three former NFL players have come out, none has yet to do so while still playing the game. This new language helps to make that hurdle less daunting. In addition, amazing though it may seem in the year 2011, there still is no federal law that expressly protects people from discrimination in employment on the basis of either sexual orientation or gender identity. Clearly the U.S. Congress should learn a thing or two from the NFL and finally pass the Employment Non-Discrimination Act (ENDA).

Earlier this month, I wrote a blog for the ACLU urging NFL teams to step up and produce video messages of hope and support to lesbian, gay, bisexual, and transgender (LGBT) youth through the It Gets Better Project. While numerous professional baseball teams and individual athletes have produced It Gets Better videos, no NFL team has filmed a video to date. Commendably, Mike Williams of the Seattle Seahawks did participate in an It Gets Better video with other professional athletes on Seattle sports teams.

As I wrote in my previous blog:

While all of the It Gets Better videos have served to provide critically important messages of hope and support, those coming from professional sports teams carry a special resonance, particularly for young LGBT athletes who often feel that their only path to success is if no one ever finds out who they really are. Fear of rejection by coaches and teammates often burden these young people with tremendous stress and worry far beyond that involving on-field performance and a desire to succeed.

I hope the important non-discrimination message in the new NFL CBA makes its way down to both college and high school athletes. Knowing that it gets better even in the world of professional football can really be a game-changer for LGBT youth, particularly those involved in athletics.

Learn more about LGBT rights: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.

Tags: enda, It Gets Better, LGBT rights, LGBT Youth, Mike Williams, NFL, Seattle Seahawks

Apr 14th, 2011
Posted by Amanda Simon, ACLU at 11:06am

Putting an END(A) to Workplace Discrimination

Congress is about to take up an incredibly important bill that will affect thousands of American workers. The Employment Non-Discrimination Act (ENDA), which was reintroduced in the House last week and in the Senate today, would prohibit employment discrimination based on sexual orientation and gender identity in most American workplaces. Though the bill has been introduced countless times in several iterations, it has never been made law.

ENDA, which is similar to other federal civil rights laws barring workplace discrimination based on race, color, religion, sex, national origin, age and disability, offers this Congress and American employers the opportunity to ensure workplace equality for everyone by protecting lesbian, gay, bisexual and transgender (LGBT) employees from discrimination in employment. Currently, it remains legal to fire or refuse to hire someone for being lesbian, gay or bisexual in 29 states, while transgender workers can legally be denied or refused jobs in 37 states.

This crucial and long overdue legislation will allow all American workers who stand side-by-side at the workplace and contribute with equal measure in their jobs to also stand on the same equal footing under the law.

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It is fundamentally unacceptable that in America in the year 2011 there is a group of people who, when they go to work, are forced to deny their families and loved ones and hide who they are for fear of losing their livelihood. Particularly with unemployment numbers still so high, it makes absolutely no sense to add otherwise talented, dedicated workers to the unemployment rolls, simply because they have the “wrong” sexual orientation or gender identity. By passing ENDA, Congress can help to ensure that everyone can enter and succeed in the workplace without regard to sexual orientation or gender identity.

With Congress voting to end “Don’t Ask, Don’t Tell” late last year and the Obama administration choosing not to defend the discriminatory Defense of Marriage Act last month, the momentum for LGBT equality is rapidly growing. Congress needs to take up ENDA this session and continue that momentum so we can ensure that LGBT Americans and their families are protected at work.

Tell your member of Congress the time to pass ENDA is now!

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Tags: enda

Nov 4th, 2009
Posted by Ian Thompson, Washington Legislative Office at 5:17pm

Senate to Hold Landmark ENDA Hearing — ACLU to Tweet LIVE!

Tomorrow morning at 10 a.m., the Senate Health, Education, Labor and Pensions (HELP) Committee will hold a hearing on the Employment Non-Discrimination Act (ENDA). This will be the first Senate hearing on ENDA since 2002. The legislation would help to ensure workplace equality by protecting LGBT workers from employment discrimination.

This will be the first time in the 111th Congress that the Senate has held a hearing on this critical legislation. Especially noteworthy will be the testimony of Assistant Attorney General for Civil Rights Tom Perez, his first since being confirmed by the Senate for his post. Assistant Attorney General Perez will testify on behalf of the Obama administration in support of the legislation.

Readers can watch the hearing live via webcast. Additionally, we will be providing live, play-by-play tweets from the hearing on our Twitter page at http://twitter.com/aclu.

It’s bound to be an exciting morning. Be sure to tune in.

We’ll be sure to provide a post-hearing summary on our blog later in the day.

 

Tags: enda

Oct 19th, 2009
Posted by Chris Hampton, LGBT Project at 11:05am

Why ENDA Matters: True Stories of Anti-LGBT Employment Discrimination from the ACLU

(Also posted at The Bilerico Project and Get Busy, Get Equal)

To illustrate why Congress must pass the Employment Non Discrimination Act (ENDA), a federal law that would ban discrimination against lesbian, gay, bisexual, and transgender people in the workplace, we will be posting the firsthand accounts of people from across the nation who have been fired, refused a job, or harassed in the workplace because of their sexual orientation or gender identity. This summer the ACLU put out a call for stories, and these are just a fraction of stories we received.

Laura J. Doty, Boise, Idaho
I was hired in April 1997 as an adult probation officer in Power County, Idaho. I was closeted except for my direct supervisor, who had no problem with my sexuality. It was a professional environment, and my peer reviews indicated I was respected and did a good job. I liked being able to help people overcome difficulties and improve themselves. I had letters of recommendation from the prosecuting attorney, a letter of recommendation from my direct supervisor, and positive reviews from a judge and the public defender.

In September of 1997, I ran into a co-worker from the county building at a store and introduced my partner to her. Two days later, the Power County Commissioners called me in and told me I was unhappy at work and I could quit or be fired. I said they would have to fire me.

After I was fired, I immediately called the Human Rights Commission in Boise, and they told me I had no basis to make a claim because sexual orientation is not a protected status. I was devastated because I considered myself a dedicated employee and hard worker. I cared about my probationers, and I worked very hard to help them succeed, whether in getting a GED or staying in a 12-step program.

My partner at the time was in graduate school, so we struggled financially after I lost the job.

Gypsey Teague, Pendleton, South Carolina
In 2002, I was hired as the branch librarian for the Oklahoma City Branch of Langston University, Oklahoma's only historically black university. I have both an MLS and an MBA and so, not only was I the library director, but I also taught classes in the business department.

In late 2004, after I had been successfully employed at the university for almost three years, I decided to begin the process of transitioning from male to female. The administration was very accommodating, both in supportive words and in providing generous leave, which made my transition very easy. I spoke with the campus director, my library director, and the Vice President of Academic Affairs. All three were helpful, and promised to support me and help in creating a smooth transition. I was pleased, but not surprised, to find that this historically black university understood issues of diversity. With their encouragement, I took an extended vacation over the Christmas holiday to finalize my transition. When I returned, I conducted myself as a woman, professionally and properly dressed at all times, and afforded myself of the bathroom of my new gender. Things went extremely well, and I felt that success in both my professional life and my personal life.

I went to a professional conference in February 2005. When I returned, I was stunned to learn that a student had circulated a hate-filled petition calling for my removal from campus, and had posted offensive flyers around the campus. Various reasons were cited, but all were related to my transgender identity. I never saw the actual petition but there were over 100 copies circulated throughout the small campus building. I spoke with the campus director, and asked for his assistance in removing the offensive flyers. I was stunned to hear him say that the student had a right to freedom of speech, and that he could and would do nothing. In fact, when other students also complained about these hateful flyers as being inappropriate, he went so far as to support the right of the students to pass out the flyers.

The very next day, the campus director issued a rule that all faculty and staff must use the bathrooms in the break room, at the other end of the building, and not the student bathrooms across the hall from the library. Surprised by this, I noticed that none of the other faculty were adhering to this policy. When I mentioned this to the director, he told me that he could not control the actions of all faculty and staff, but that I would adhere to the policy or be disciplined.

The petition-circulating student, encouraged by the administration's failure to support me, circulated another petition, this one stating that God wished me dead, and expressing the hope that something to this effect should happen. I spoke to several high-level administrators, who I was sure would see reason at this point. Instead, they told me my concerns were unwarranted, and to stop causing drama. Then, suddenly and surprisingly, my teaching schedule for the summer was changed to the late-night 7:30-10:00 p.m. time slot. This meant I would be the last instructor to leave the building, and I would have to exit into an empty parking lot in a dangerous section of the city.

I decided to apply for a job at another college, even though it would require relocating. In May 2005, I left Langston University and accepted a position as branch head of the Architecture Library at Clemson University in South Carolina. Having to relocate was difficult because my mother was in a nursing home in Oklahoma and she passed away there before I could return to see her.

Had the administrators who were charged with my welfare stood up and supported me in the face of mean-spirited prejudice, I think I would have been able to stay and to prosper. When they failed to take decisive action, I was forced to choose between my safety, both emotional and physical, and my job.

To learn more about the ACLU's work to support ENDA, check out the letter the ACLU sent to the House Education and Labor Committee. And please urge your Representative and Senators to support the bill.

Tags: enda

 

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