Employment non-discrimination is getting some much needed coverage this week...albeit for all the wrong reasons. President Obama is coming under fire for refusing to issue an executive order banning anyone contracting with the Federal Government from discriminating against any of their employees on the basis of sexual orientation or gender identity. To be honest, while the reports call it a "blow for advocates", I don't think anyone is surprised. If anyone feels echoes of the DADT repeal or the President's "evolution" on marriage equality that's because the same tactics and verbage are again being put in play. While this executive order would only affect the employees of government contractors, it would at least be a step in the right direction to a larger national law. Instead, the administration is claiming to put their efforts into a national ENDA policy by building a "coalition" of bipartisan support. In a recent White House response to the President's decision, Press Secretary Jay Carney articulated the Administrations viewpoint:
The President is dedicated to securing equal rights for all LGBT Americans. And that is why he has long supported an inclusive employment non-discrimination act which would prohibit employers across the country from discriminating on the basis of sexual orientation and gender identity. The President is committed to lasting and comprehensive non-discrimination protections, and we plan to pursue a number of strategies to attain that goal. Our hope is these efforts will result in the passage of ENDA, the Employment Non-Discrimination Act, which is a legislative solution to LGBT employment discrimination.
And I would make the comparison here that pursuing that strategy, the passage of ENDA, is very similar to the approach the President took for the legislative repeal of “don’t ask, don’t tell.”
Does all this sound familiar to you too? With the repeal of DADT, the President had it within his power to issue and executive order and instead, opted to build a similar bipartisan coalition and came under all the same criticism. But there's a problem with the Administrations version of events surrounding the repeal of DADT that may be key to understanding our role in helping pass ENDA and ensuring workplace protections for all LGBT Americans....and that is the role of outside pressure.
