House Says Yes to Gay Rights in Workplace, No to Transexuals...

Admit it, you've been wondering as a HR professional when the ranks of the protected classes will be expanded to include gay rights, correct?   Look around the landscape of society, and it almost seems to be a matter of when, not if.   In addition, many of our companies have already adopted policies that mention sexual orientation - an example would be a Prohibition Against Harassment policy that lists sexual orientation on the same plane as race, gender, etc.

No matter how progressive you think you are, you can still be blown away by what you don't know.  In a former HR life, I fielded an inquiry regarding the inclusion of sexual orientation in a policy statement similar to the one listed above.  An employee who openly identified himself as gay came to me regarding the inclusion of sexual orientation in a harassment policy.  When I replied to the employee that I thought inclusion of orientation was probable, I was asked if that would include protection for transsexuals.  I had no idea what to say, but learned the topic was an important component of the gay rights movement.  Just another example of learning everyday on the job as a HR Manager...

That conversation prepared me well to understand the issues related to the House passing the Employment Non-Discrimination Act last week, where businesses with 15 or more employees would be prohibited from discriminating in hiring, firing or promoting individuals on the basis of their sexual orientation.  From the coverage of the Dallas Morning News:

"The House voted Wednesday to extend the nation's employment discrimination protections to gay workers, the first time the long-proposed measure has passed either chamber of Congress.

In the debate, which lasted more than five hours, some members of Congress referred to the historic civil-rights fight against racial prejudice while others appealed to the Democratic majority not to infringe on the rights of Christians who consider homosexuality an affront to God.

Sen. Edward Kennedy, D-Mass., a longtime supporter of gay-rights legislation, said he would move swiftly to introduce a similar measure in the Senate, and some Senate Republicans said that, if worded carefully, it would have a good chance of passing, perhaps early next year.

President Bush had threatened to veto an earlier version of the bill, but a White House spokesman, Tony Fratto, said the administration would need to review recent changes before making a final decision. Few Democrats expect Mr. Bush to change his mind.

Under the Employment Non-Discrimination Act, businesses with 15 or more employees would be prohibited from discriminating in hiring, firing or promoting individuals on the basis of their sexual orientation. The armed forces, private clubs and religious organizations would be exempted.

The 235-184 vote came after Democratic leaders, following weeks of behind-the-scenes negotiations, opted not to include transgender individuals in the bill for fear that the inclusion of gender identity would cripple the coalition supporting the measure. That decision led to a bitter split among the bill's backers, leaving advocates for transsexuals and transvestites angry."

So it's Gay Rights yes, Transsexuals/Tranvestites no for the group backing the bill.   Based on my experience, I think I'll just say I'm an advocate for no discrimination/harassment in the workplace and leave it at that.  With that said, it will be a difficult day for any HR Pro, if a workplace version of Dennis Rodman shows up in a dress with a boa, sits down in your cube, and you have to tell the business owners to tread lightly due to employment law. 

Keep your eye on the bill in the Senate and the potential veto/backlash to the veto...