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| Hedley Lawson |
During a House hearing on the legislation last September, the first business community opposition started to emerge. Employment lawyers raised concerns that it would create a new protected class for gender identity.
An employment lawyer asserted during the hearings that the definition was vague and too broad, allowing employees to declare a change in their gender identity at will--without giving the employer advance notice to prepare for such a change in the workplace. The bill requires that companies provide shower or dressing facilities to accommodate actual or perceived gender.
Even though the majority of larger employers have non-discriminatory policies regarding homosexual applicants and employees, they are doing so through voluntary policies. A statute would codify a particular approach for companies to follow--and would burden small firms that do not have the Human Resources and legal staffs to manage compliance.
The measure has not been scheduled for further action by the House Education and Labor Committee. The bill also falls under the jurisdictions of the three other committees.
As this works its way through Congress, advocates stress that the measure simply extends to homosexuals the same protections that have been put in place for women, minorities and ethnic groups over the past 40-years. Currently, an employee can be fired for sexual orientation in 31 states and for gender identity in 39.
Rep. Robert Andrews, D-New Jersey and a member of the Education and Labor Committee, said the bill will ensure that people are judged solely on their ability on the job. That creates an atmosphere in which the best talent can be utilized to achieve business results.
“This bill is a moral imperative,” Andrews said during the hearing. “But it’s more than a moral imperative. It’s an economic imperative.”
Food conglomerate, General Mills, made the same point before the subcommittee.
“A culture of respect and inclusiveness is important for retaining top talent and recruiting new stars,” said the company’s vice president for diversity. She continued, “We don’t talk about diversity in those terms. We believe fundamentally that diversity drives creativity and innovation and links to our success.”
Several Republicans, while denouncing workplace discrimination, expressed doubts about the bill.
“Would it create unnecessary burdens on employers and employees or open the door to frivolous litigation?” asked Rep. John Kline, R-Minnesota, at the hearing. He continued, “Numerous laws have already been enacted at the state and federal level to prevent discriminatory employment practices.”
As business owners and managers, this measure will be one in which you may wish to follow during this presidential election year as candidates’ social and business platforms begin to unfold. ■
Hedley Lawson brings over 25 years of optical industry experience to Jobson Medical LLC. For over 10 years, he has been a contributing editor to VM, most recently as writer of the monthly column "Business Essentials." He is the Contributing Editor of VM's E-Newsletter Business Essentials.
