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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Nov. 7, 1997)
ju st o u t ▼ n o v em b er 7, 1 9 9 7 T 9 national news he Oct. 23 Senate hearing on the fed eral Employment Non-Discrimination Act was a bit anti-climactic. T There was none of the tension that filled the room three years earlier. In fact, opponents of the measure, which would prohibit employment discrimination based on sexual orientation, canceled their scheduled slots to testify and simply melted away. “This bill is about one simple thing—that all Americans should be able to earn a livelihood,” said Labor and Human Resources chairman Jim Jeffords (R-Vt.) in his extended opening remarks. He outlined three significant changes to ENDA that were prompted by debate last year. First, the new version protects privacy by prohibiting the Equal Employment Opportunity Commission from collect ing or seeking data from companies pertaining to the sexual orientation of their employees. Second, the revamped ENDA precludes the EEOC from entering into a consent decree that in i cludes quotas or gives preferential treatm ent based on sexual orienta tion. Third, the bill clarifies the religious exemption, limiting coverage to for- profit operations. “1 expected that we would have witnesses ^ en 3im Jeffords yearning for the chance to testify in opposition to the bill. In fact, I have been told that my staff scoured the country for witnesses with differing opinions, to no avail,” said Jeffords. “Even those who had expressed a desire to testify changed their mind.” Among the late scratches was Andrea Sheldon of the Traditional Values Coalition. In response, Jeffords semi-jokingly said, “I know that we have made a number of improve ments to address the criticisms of the 104th Con gress, I guess I just didn’t realize how thoroughly successful we were.” During the hearing Jeffords also released a report, prepared at his request by the General Accounting Office, which examined the experi ence of states that have passed gay and lesbian rights protections. According to the report, there have been “rela tively few formal complaints of employment dis crimination based on sexual orientation, either in absolute numbers or as a percentage of all em ployment discrimination complaints in the state...[and] no indication that these laws have generated a significant amount of litigation.” Longtime ENDA sponsor Sen. Ted Kennedy (D-Mass.) called ENDA “part of America’s fun ...And no one cam e that important. I believe ENDA will help us in this regard.” Tom Grote, the chief operating officer of Donatos Pizza, spoke for small business. Big and small business testified in support of ENDA at a The company, based in Columbus, Ohio, has from 10 to 125 restaurants since 1986, recent Senate hearing but the opposition was strangely silent expanded when Grote and his sister finished college and went ▼ to work full time at the family-owned business. “Our mission at Donato’s Pizza is to promote by Bob Roehr goodwill through product, principle and people. damental commitment to equal opportunity in the A form letter followed two weeks later announc We have always tried to be fair and honest and workplace.” ing that someone else had been hired for the post. treat everyone the way we would like to be treated,” He said, “To those who say ENDA does not Horowitz, meanwhile, said before he came said Grote. reflect traditional American values, I say you are out he was not capable of doing his “finest work” “Even though we are a small business, we do wrong. Bigotry is not an American value. This because of the stress associated with being in the not believe that ENDA will hurt our business. We legislation is based on fairness, justice and equal closet. already operate under opportunity for all who are qualified. Those are “My mother begged me the Civil Rights Act of our country’s basic val not to come out at work 1964, the Americans ues—bigotry is not.” because she was afraid that with Disabilities Act The first two wit I would lose my job and we and other laws and nesses told personal sto would lose our house.... regulations that govern ries of discrimination. The impact of discrimina fair and equal treatment Kendall Hamilton had tion is completely demor in the workplace,” he worked for the Red Lob alizing,” he testified. added. “We do not fear ster restaurant chain for Big business was repre an explosion in litiga five years and was about sented by Raymond Smith, tion with ENDA. We to step into manage chief executive officer of have had zero lawsuits ment. Then his supervi Bell Atlantic. The com based upon race, reli sor told him his sexual pany, which has 140,000 gion or gender and orientation “was not employees, added sexual would expect the same compatible with Red orientation to its equal em for sexual orientation.” Lobster’s belief in fam- ployment policy in 1993. He added, “I am gay. I'm fortunate be Tom Grote cause my father would never fire me because I’m gay. I have wonderful job security. Unfortunately there are thousands of people who cannot say the same thing.” One hour into the hearing the proceedings came to an abrupt close before the remaining witnesses could be heard. Senate Democrats, in an effort to move cam paign finance reform, had invoked a rule limiting the time of all committee meetings while the Senate is in session. Jeffords said he may resched ule hearings if he feels it’s necessary. “What is critical is what Senator Jeffords said at the opening of the hearing, that the opposition didn’t show up because there isn’t much they can say about the bill,” says Winnie Stachelberg, political director of the Human Rights Campaign. Kevin Ivers, political director of Log Cabin Republicans, adds, “The purpose of the hearing Left to right: Kendall Hamilton, David Horowitz and Raymond Smith was to focus our attention on the swing Republi ily values.” Hamilton told lawmakers he was “We don’t put employees in categories other cans that we need to pass this bill.” hounded from his job. than good performers and bad performers,” said The GOP controls the Senate 55-45. Last year David Horowitz, meanwhile, had a strong Smith, who also noted that 320 of the Fortune ENDA lost 49-50, with almost all of the opposi track record working for the attorney general of 500’s largest corporations offer similar protec tion coming from Republicans. Log Cabin has Arizona when he was recruited for the job of tions. Many are adding domestic-partners ben targeted 16 Republicans as possible swing votes. Mesa city prosecutor. efits as well. Ivers says, “For the Republicans in particular, However, during negotiations with his pro “The policies of the corporation are so clear it is coming down to this. What side of history are spective boss, Horowitz mentioned he was gay. that we haven’t had any [sexual orientation-re they going to be on, the wrong side or the right The person responded, said Horowitz, with the lated] court cases,” said Smith. “Eternal vigilance side?” remark: “Well, we may have a problem with that.” and a constant statement of zero tolerance makes Senate action is not expected until next year. , I think art...makes justice in the world. That’s why it almost always has to be on the side of the underdog. —Grace Paley PO R T L A N D ARTS & LECTURES p r e s e n t s a n e v e n i n g w it h 1130 N.W, 22nd Avenue Suite 3£0 Portland, 97210 ► 22^'75 ü * G r a c e P a le y & A n n e L am o tt Tuesday, N ovem ber 18 • Tickets: $18 7:30 PM • Arlene Schnitzer Concert Hall Information or phone orders: 227-2583 & the LCP Homecoming Swing Dance! 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