If Gays Are OK, Job Bias Can’t Be

Here’s the latest Republican spin on homosexuality: Hate gay marriages but love gays.

In his State of the Union address, President Bush noted that “the same moral tradition that defines marriage also teaches that each individual has dignity and value in God’s sight.” At a press conference a few months earlier, in response to a question about gay rights, the president declared it “very important for our society to respect each individual, to welcome those with good hearts, to be a welcoming country.”

This attitude extends to the GOP congressional leadership. Discussing his opposition to same-sex marriage, Senate Majority Leader Bill Frist said recently: “We must treat all our fellow citizens with kindness and with civility.”

Does all this rhetoric mean anything? It’s time to call the GOP’s bluff. If Republican leaders truly cherish gay men and lesbians as individuals warranting fair and decent treatment in all things except the sacrament of marriage, why not prove it? Why not once and for all protect gays from discrimination in the workplace?

Until recently, the Bush administration followed a long-standing policy prohibiting job discrimination against gay federal employees. In February, however, the Office of Special Counsel began quietly removing references to sexual orientation discrimination from its complaint form and website. When called on its actions, the office at first waffled and then, in late March, announced that it did not believe the law protected federal employees from being fired because of their sexual orientation.

After Democratic lawmakers and civil rights groups protested, Special Counsel Scott J. Bloch backed away from that, issuing a press release declaring, “It is the policy of this administration that discrimination in the federal workforce on the basis of sexual orientation is prohibited.”

That’s a good step, but it’s not enough. All employees should be protected from unjust discrimination, not just federal government employees. Yet for 10 years now, the proposed Employment Non-Discrimination Act has failed to pass Congress, primarily because of Republican resistance. This act would fill a gap by creating a national prohibition against employment discrimination based on sexual orientation.

Now, in 36 states, employers can post employment ads saying “no gays need apply.” A recent UCLA study by the Williams Project on Sexual Orientation Law found that gay and lesbian workers experienced discrimination at rates equal to or greater than some groups, such as women and racial minorities, that are protected by federal anti-discrimination statutes. (The Civil Rights Act of 1964, for example, prohibits employment discrimination on the basis of race, religion, gender or national origin.)

Any suggestion that sexual orientation interferes with job performance seems absurd. In most cases, firing or refusing to hire people because they are gay represents prejudice, pure and simple.

Do such actions show the “respect” and “value” and “dignity” that the president claims gays deserve? Does employment discrimination treat people with the “kindness” and “civility” demanded by Frist?

The drafters of the Employment Non-Discrimination Act went out of their way to allay potential concerns. The bill prohibits hiring quotas and exempts from its terms businesses with fewer than 15 employees, religious organizations and the armed forces. The only basis for opposition, it would seem, is a belief that gay men and lesbians are somehow not worthy of the same employment protection given other vulnerable groups.

The GOP should get behind this effort. In one bold stroke, the Republican leadership could prove the party’s sincerity and protect American citizens from unjust discrimination. What is it waiting for?