Nov 5, 2013 3 min read

Despite the enormous strides gays, lesbians and transgender people have made toward acceptance in the mainstream of American society in recent years, it is still legal, to the surprise of many, to discriminate against them in hiring or firing based solely on who they are and without regard to qualifications, skills or performance.

The Employment Nondiscrimination Act (ENDA), which will move ahead in the United States Senate after 61 senators voted Monday to proceed with debate on the bill, would make such discrimination illegal. Though it will likely undergo some changes, clearing a 60-vote hurdle means it will almost certainly be able to overcome attempts to filibuster it by revanchist Republicans who would like to slam the closet door shut and put a cinder block in front of it. Commendably, Pennsylvania Sen. Pat Toomey was among seven Republican senators who broke away from their party and cast a vote in favor of the act advancing up the legislative ladder.

The need for such a law is clear. There are only 21 states that have adopted laws that prohibit discrimination against gays and lesbians in the workplace and, unfortunately, Pennsylvania is not one of those states (Pittsburgh and other municipalities have put their own ordinances on the books). Workplace prejudice against homosexuals is not covered under federal civil rights statutes that bar discrimination against individuals based on race, gender, religious persuasion, age or disability, a fact that Sen. Susan Collins, a Maine Republican, said sometimes comes as a shock to voters.

Despite the fact that openly gay entertainers like Ellen DeGeneres and Elton John are welcome in almost every living room and public support for gay marriage continues to gather steam, a 2012 study from the University of California-Los Angeles found a continuing need for protection for lesbian, gay and transgender people in the workplace. The study pointed out that 56 percent of homosexuals surveyed said they had experienced some form of workplace discrimination, and 27 percent had been harassed about their orientation within the last five years. One-third of those surveyed said they were not open about being lesbian or gay to their bosses or fellow employees.

Opponents of ENDA, including Speaker of the House John Boehner, who lives in perpetual fear of House tea partiers, say that if the Employment Nondiscrimination Act becomes law, it will lead to an avalanche of frivolous lawsuits. However, there has not been a flurry of baseless litigation in states or municipalities that have instituted their own measures. Also, many of the business leaders who theoretically would be on the receiving end of these lawsuits are supporters of ENDA. Why would they be so eager to inflict such punishment on themselves?

There have also been predictable cries of outrage from social conservatives on the far right who can be counted on to oppose any proposal that would extend fundamental dignity and respect to lesbians, gays and transgender people. The Family Research Council asserts that ENDA would “approvingly bring private behavior considered immoral by many into the public square.” That this is nonsensical gibberish would seem obvious to anyone who knows the rudiments of basic logic.

So, assuming it ultimately makes it through the Senate, House passage is unlikely. It shouldn’t be though. Some brave, forward-thinking Republicans in the House should follow the same path as their Senate colleagues and let it at least come up for a vote.