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Feb. 6, 1998 - Support Needed for Law to Stop Gay Job Discrimination

LETTERS From CAMP Rehoboth

Support Needed for Law to Stop Gay Job Discrimination
by Beth Dewson
What Is HR 466 All About?

According to the latest Newsweek poll, 84% of Americans polled favored equal rights for gay people and oppose job discrimination based upon sexual orientation. Despite differing opinions, Americans believe that anti-gay job discrimination is wrong.

What does the bill do?

  • It adds "sexual orientation" to the existing laws prohibiting discrimination in public and private employment.
  • It defines "sexual orientation" as "lesbian, gay, bisexual, or heterosexual orientation, real or perceived."
  • It retains the existing exemptions for religious, fraternal, charitable, or sectarian corporations or associations, or employers with three or fewer employees.
  • It is not about "favoring" or "accepting" any sexual orientation, any more than the existing ban on discrimination regarding marital status favors the choice or circumstance of being single, married, divorced, or widowed.
  • This bill applies equally to all lawful sexual orientations.
  • This bill does not create preferential treatment.
  • Support of this bill means evaluating workers based upon individual merit. This bill permits all people to earn a living without fear of losing their job because of private, lawful activity.
  • This bill imposes no burden on employers who judge employees on ability and performance.
  • This bill does not limit the ability of employers to set standards of conduct in the workplace.

The Delaware Coalition for Human Rights has been involved in preparing comprehensive legislation for introduction in the Delaware Legislature this session. We had hoped that we would be able to gain the support of the Governors office and the sponsorship of key legislators to introduce legislation that would have outlawed discrimination based on sexual orientation in the areas of employment, housing, and public accommodations. In meetings we have had with Governor Tom Carper and Representative Oberle, it became clear that they will not support our entire package this year. However, Rep. Oberle has introduced House Bill 466 to amend Delaware Code to prohibit employment discrimination based on sexual orientation. Rehoboths Representative John Schroeder is a co-sponsor of the bill.

Eleven states and the District of Columbia currently have legislation banning discrimination, based on sexual orientation, in employment, housing and public accommodations. One-quarter of the population of the United States currently resides in areas providing these "comprehensive" civil rights. All of these states gained these protections through the legislation of all of the areas at the same time. The incremental approach, which is what is thought will be successful in Delaware, has not been utilized on the state level. Supporting the passage of legislation, one area at a time, does not send a strong and clear a message that discrimination, in any area, is wrong, harmful, and wont be tolerated.

Coalition members argued for the introduction of "comprehensive" civil rights, pushed the process as far as they could, and came away with the option of going for employment protections or nothing.

We are seeking endorsements from corporations, businesses, clergy, and other allies in the community. There is plenty to be done and each and every person can contribute to the process. Speak with people about this important legislative effort. We are asking that you seek the support of individuals, family members, possibly your employer, and other Delawareans who can encourage their legislators to vote in favor of this Bill.

If you are in a position to solicit written support/endorsements from corporations or businesses, please do so. We hope that we can count you in on this years major legislative victory of winning employment protections for ALL Delawareans. If you are currently in a position to seek letters of support, they may be sent to Beth A. Dewson, Project Coordinator at the ACLU office, 100 West Tenth Street, Suite 309, Wilmington, DE 19801.

Thank you for your continued interest and support of this work.

LETTERS From CAMP Rehoboth, Vol. 8, No. 1, February 6, 1998.
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