ju st out ▼ fo b ru ary 2 1 . 100 7 T i l
D eterm ined to w in
Chuck Carpenter has told his fellow House Republicans
that heyll do what it takes to pass Oregon END A
Sitting down with
an estate planner
shouldn't scare you.
(Not planning. Now that's scary.)
▼
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by Inga Sorensen
regon Rep. Chuck Carpenter says
he’s ready to play hardball if need be.
O
“That’s what I told the speaker—
I said 1 would withhold my support
on legislation that Republicans want
unless we get some action on this bill,” says
Carpenter, a Portland-area Republican who re
cently introduced legislation barring discrimina
tion in the workplace on the basis of actual or
perceived sexual orientation.
House Bill 2734 has become the measure
being promoted by Right to Pride, a statewide
gay, lesbian and bisexual rights organization which
initially intended to push its own version of an
employment nondiscrimination measure.
That bill, which we first reported on in the Jan.
3 issue, was fashioned after the federal Employ
ment Non-Discrimination Act, which came within
just one vote of passing
the U.S. Senate in 1996.
ENDA would have,
in part, barred discrimi
nation in employment
on the basis of one’s
actual or perceived
sexual orientation. Ad
ditionally, it disallowed
“the use of numerical
goals, quotas or other
forms of ‘affirmative ac
tion’ based on sexual
orientation,” and ex
em pted “bona fide
churches and sectarian
religious institutions
such as church-spon
sored schools, hospitals
or camps on the basis
that an in d ividual’s
sexual orientation vio
lates the religious tenets Chuck Carpenter
or teachings of that
church or institution.”
H B 2734 mirrors that
proposal, but includes two other provisions: em
ployers with six or fewer employees are exempt,
and a claimant of sexual orientation employment
discrimination must obtain a positive finding of
discrimination from the state Bureau of Labor and
Industries before taking his or her case into a court
of law. (BOLI is the agency that investigates
possible violations of state civil rights law.)
That particular mandate does not apply to
other groups currently protected under state civil
rights law. It is also a provision that doesn’t sit
well with everyone.
The Oregon Gay and Lesbian Law Associa
tion, whose membership primarily comprises gay
men and lesbians in the legal profession, issued a
statement in response to Carpenter’s bill.
It says OGALLA “applauds extending equal
employment opportunity to all Oregonians and
barring discrimination in the workplace. We op
pose, however, imposing a procedural require
ment on the basis of sex orientation that is not
imposed on other protected classes.” It further
states such a requirement “undermines the integ
rity of ENDA, as it would effectively discrimi
nate on the basis on sexual orientation.”
“We don’t support that provision either,” says
Right to Pride’s Executive Director Barry Pack,
who nonetheless says his organization is now
fully backing Carpenter’s version of an employ
ment bill.
“Sure, we would have preferred a cleaner bill,
but if we are able to pass HB 2734, that’s a major
achievement,” he adds. “If this is the only way to
do it, then we’ll do it.”
While he, too, is not pleased with the addi
tional provisions, Carpenter says they are de
signed to appease some GOP colleagues’ con
cerns that the passage of a nondiscrimination bill
may unleash a torrent of frivolous lawsuits.
And since Republicans control both the Or
egon House and Senate, their concerns have to be
addressed. (In the House, Republicans dominate
31-29, in the Senate, 20-10.)
Yet because the margin is so slim in Carpenter’s .
chamber, he may have room to maneuver, given
the fact that his vote on other legislation becomes
all the more vital to GOP leadership.
“I will vote against legislation that Republi
cans like if I have to,” says Carpenter, the only
openly gay Republican in the state Legislature. “1
made it clear to the
speaker that this is very
important to me, and I’ll
do what it takes.”
Carpenter wants to
see HB 2734 assigned
to the House Commerce
Committee, which he
believes will provide the
most support for his bill.
“If we can get it to Com
merce, then we will pass
this in the House.”
State Rep. George
Eighmey (D-Portland)
says he has spoken with
Rep. Eldon Johnson
(R-Central Point), who
is chair of that commit
tee.
“He said the speaker
§ indicated to him that the
m bill would indeed be go-
o ing
th ere ,” says
5 Eighmey, who also met
with Labor Commis
sioner Jack Roberts, who oversees BOLI.
“Jack Roberts said if asked he would say that
he felt BOLI should not be forced to make the
final determination and instead should do what it
currently does, which is make recommendations,”
he says.
Eighmey also says he’ll work to have the
BOLI provision removed in committee.
Eighmey, along with Republicans Jeff Kruse
of Roseburg and Lane Shetterly of Dallas, are
among several legislators who have signed on as
supporters of HB 2734.
“We have Democrats and Republicans, which
is important,” says Carpenter, adding that while
he’s comfortable speculating on the proposal’s
passing in the House, the Senate remains a ques
tion mark.
“If we can convince two or three more sena
tors to vote for this, then things look good. But
that’s not going to be so easy,” he says, adding he
may solicit assistance from former state senator
and current U.S. Sen. Gordon Smith, who has said
he supports the federal ENDA.
"If he spoke to a couple of senators it could
make a difference,” says Carpenter. “I don’t know
if he would do that.... We’ll just have to see.”
People who believe they have experienced
employment discrimination based on sexual
orientation—particularly those residing
outside o f Portland—are asked to
contact RTP at 228-5825.
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