Communications to-Continued Bonsignore, Michael R., chairman, and chief executive officer, Honey- Page 48 Religious Action Center of Reform Judaism and other religious leaders. 78 79 Whitman, Hon. Christine Todd, Governor, State of New Jersey, dated 80 Evans, Robert D., director, governmental affairs office, American Bar 80 Religious leaders endorsing the Employment Non-Discrimination Act 82 Hereck, Dr. Greg., American Psychological Association Sabshin, Melvin, M.D., medical director, American Psychiatric Associa- Briggs, J. Rex., project director, Yankelovich Partners, Norwalk, CT Articles, publications, etc.: Employment Discrimination Cases-Appendix I 83 87 87 89 94 Cases brought under State Constitutions-Appendix II 106 112 115 Breakthrough Yankelovich study provides new insights on marketing to gay and lesbian population (with attachments) 119 EMPLOYMENT NON-DISCRIMINATION ACT OF 1994 FRIDAY, JULY 29, 1994 U.S. SENATE, COMMITTEE ON LABOR AND HUMAN RESOURCES, Washington, DC. The committee met, pursuant to notice, at 10:31 a.m., in room SD-430, Dirksen Senate Office Building, Senator Edward M. Kennedy (chairman of the committee) presiding. Present: Senators Kennedy, Metzenbaum, Simon, Wellstone, and Kassebaum. OPENING STATEMENT OF SENATOR KENNEDY The CHAIRMAN. The committee will come to order. From the beginning, civil rights has been the great unfinished business of America, and it still is. In the past 40 years, the Nation has made significant progress in removing the burden of bigotry from our land. We have had an ongoing and peaceful revolution of change, and that accomplishment is a tribute to our democracy and to the remarkable resilience of the Nation's founding principles. Federal law now rightly prohibits job discrimination because of race, gender, religion, national origin, age, and disability. Establishing these essential protections was not easy or quick. But they have stood the test of time, and they have made us a better and a stronger Nation. We now seek to take the next step on this journey of justice by banning discrimination based on sexual orientation. At the press conference introducing this legislation, Coretta Scott King said: "I support the Employment Non-Discrimination Act of 1994 because I believe that freedom and justice cannot be parcelled out in pieces to suit political convenience. As my husband Martin Luther King, Jr., said, injustice anywhere is a threat to justice everywhere." This point was reemphasized today by other civil rights leaders who have contributed so much to our Nation. The legislation directly parallels protection against job discrimination in current law, under Title VII of the Civil Rights Act of 1964. Our bill prohibits the use of individual sexual orientation as the basis of hiring, firing, promotion or compensation. This kind of prohibition on discrimination is well-established in law, and it can be easily applied to sexual orientation. The bill has been realistically designed in an effort to avoid needless controversy and keeping our eye on the goal, which is to elimi (1) nate job discrimination against any Americans because of their sexual orientation. This bill is not about granting special rights. It is about righting senseless wrongs. What it requires is simple justice for gay men and lesbians who deserve to be judged in the workplace like all other Americans by their ability to do the work. The bill is narrowly drafted in five key respects. First, no claims would be permitted based on under-representation of gay people in the work force. Second, the legislation makes clear that preferential treatment, including any quota, is prohibited. Third, the religious exemption is broadly applied. Fourth, benefits for domestic partners are not required. Fifth, the Act does not apply to members of the armed forces; that issue is now settled, at least for the Congress, and we do not seek to reopen it. Today, job discrimination on the basis of sexual orientation is too often a fact of life. Throughout the country, qualified employees live in fear of losing their livelihood for reasons that have nothing to do with their job skills or their job performance. Yet there is no Federal prohibition on such discrimination. This bill is about real Americans whose lives are being shattered and whose potential is being wasted. Today we will hear directly from two such individuals, fellow Americans, who performed well, but for whom merit did not matter. Some States have already outlawed such discrimination, but in 42 other States, qualified lesbians and gay men with excellent records can be fired without warning just for being gay. It happens every day. And the price of this prejudice, in both human and economic terms, is unacceptable. Job discrimination is not only un-American; it is counterproductive. It excludes qualified individuals, lowers work force productivity, and hurts us all. For our Nation to compete effectively in a global economy, we have to use all available talent and create a workplace environment where everyone can excel. This view is shared by many leaders in both labor and management who understand that ending discrimination based on sexual orientation is good for workers, good for business, and good for the country. Our legislation is bipartisan; it is sponsored now by 30 Senators and 125 members of the House of Representatives, and I am confident the number will grow. We have the support of a broad-based coalition that includes Coretta Scott King and former Senator Barry Goldwater, the conscience of civil rights and the conscience of conservatives. Today's hearing brings us closer to the ideals of liberty and equal opportunity. I look forward to the testimony of our witnesses and to working with my colleagues on the committee and in the Congress to enact this needed measure. It is important that we remember as we debate the merits of the Employment Non-Discrimination Act of 1994 that what we are talking about is people's lives and livelihoods, men and women struggling to find the security that so many of us take for granted. Senator Pell could not be here this morning. He is on his way to New York City to participate in proceedings at the United nations in connection with the signing of the Law of the Sea Treaty. He regrets not being able to attend the hearing this morning and asked that his statement be included in the record and that along with Senator Bingaman also. [The prepared statements of Senators Pell and Bingaman follow:] PREPARED STATEMENT OF SENATOR PELL Thank you Mr. Chairman, and thank you for holding this hearing. let me begin by welcoming all our witnesses to the committee this morning. In one way, Mr. Chairman, it is unfortunate that we are here this morning. It is unfortunate that in 1994 this Nation is still debating the issue of discrimination. Didn't we learn anything from the Civil Rights movement of the 1960's? Haven't we learned not to judge others based on who they are or what they are? Unfortunately, there are still too many of our fellow citizens who go to work every day in fear of losing their jobs for reasons having nothing to do with their job performance. Maybe we need to turn to some of this Nation's Fortune 500 corporations for guidance. AT&T, Marriott, and General Motors all have amended their employment policies to prohibit discrimination based on sexual orientation because they realize that getting the job done has nothing to do with the race, religion, gender, or sexual orientation of the individual. Mr. Chairman, I am a cosponsor of this bill and I am therefore anxious to have this bill approved by the committee and by the full Senate. Some of my colleagues, however, have yet to make a decision on the bill. I urge them to support the legislation because it is the right thing to do. Maybe we should take advice offered during a previous Senate committee hearing, advice that has become very famous. In testimony before the Senate Armed Services Committee in 1952, Charles E. Wilson made the following statement, "For years I thought what was good for our country was good for General Motors, and vice versa. If a prohibition on employment discrimination based on sexual orientation is good enough for General Motors, it's good enough for our country. Thank you Mr. Chairman. PREPARED STATEMENT OF SENATOR BINGAMAN Mr. Chairman, I wish to address the importance of the Equal Employment Opportunity Act of 1994. The desired outcome of this proposed legislation is straightforward. Americans shall not face discrimination in the workplace based on their sexual orientation. This equal right extends the protection from discrimination based on race, religion, gender, and national origin as stated under Title VII of the Civil Rights Act of 1964, and disability, stated under the Americans with Disabilities Act. In the past, we have tried with little success to establish laws that protect Americans from job discrimination based on their sexual orientation. In turn, the American people have been sending their message approving protection from discrimination in the workplace for all Americans. According to an editorial column in the Philadelphia Inquirer, dated July 3, 1994, a recent poll indi cated that three out of four Americans supported laws to protect individuals against job discrimination based on sexual orientation. The existing problem is that Americans are being discriminated against based on their actual or perceived sexual identity. Individuals are being discharged of their livelihoods and being denied promotions in their workplace. It is unlawful for an employer to deny an applicant an employment opportunity based on race or disability. I strongly believe that no one should be denied employment for reasons unrelated to their fitness for the job. It is time for Congress to make a clear statement in America that Americans should not be discriminated against based on our identities. The Equal Employment Opportunity Act of 1994 makes that point. This act provides that everyone shall receive equal protection under the law. It does not grant special rights, nor does it deny equal rights. The status of one's employment should be based solely on the ability of an individual to perform to the standards of his or her employer. Therefore, i urge my colleagues to commit themselves to support this legislation that protects all Americans from bias and discrimination in the workplace. The CHAIRMAN. We are grateful to be able to hear this morning from two courageous individuals who have felt the direct impact of anti-gay prejudice. They have been kind enough to come here and share their stories with us and to represent all those who cannot afford to speak out. Unfortunately, their pain is all too common. I believe you both have valuable insights that we cannot get anywhere else. We are very pleased that you could be here, and I want to say at the outset that I know that this is not easy, and we appreciate your perseverance. The first witness is Cheryl Summerville, from Bremen, GA. Cheryl worked as a cook for a national restaurant chain for 4 years and received excellent job performance reviews, awards, and regular raises. She got along well with her managers and coworkers and was quite content, until 1 day, she was fired for being gay, plain and simple. No one tried to hide that fact; it was the new company policy. We are also joined this morning by Ernest Dillon, an employee of the Post Office in Detroit, MI. Ernest, too, was a good worker and a loyal employee, but a coworker decided he was gay and was determined to run him out. Ernest was forced to withstand unyielding harassment until he could take it no longer. Unfortunately, his employer could not help him, and he almost paid the price with his life. Cheryl, would you begin, please? We thank you very much for being here. STATEMENTS OF CHERYL SUMMERVILLE, BREMEN, GA; AND ERNEST DILLON, DETROIT, MI Ms. SUMMERVILLE. Thank you. Good morning, Senator Kennedy and members of the committee, and thank you for giving me the chance to be here. My name is Cheryl Summerville, and I am from a small town in rural west Georgia called Bremen. I sure never thought I would testify before Congress, and certainly not on this issue. |