LGBT Seeks Presidential Help

Posted by Victor Dela Casa

LGBT activists want Presidential backing on employment reforms

President Barack Obama's recent inaugural speech emphatically addressed gay-right advocacy, earning him the applause of lesbian, gay, bi-sexual and transgender groups nationwide. With another four-year term, LGBT groups are wondering if the President's speech will soon translate into affirmative action laws to support the gay-rights in the workplace.

The activist's key demands require the President to issue an executive order that bars federal contractors from committing workplace discrimination against gay employees. In most states, employers are not prohibited by law from firing or refusing to hire an employee based on perceptions of the employee's sexual orientation.

Originally, the President would not issue an order that protects gay employees in companies with government contracts citing that there is already an effort by lawmakers to better address it. This frustrated many gay advocacy groups last year. The decision didn't sit well with the gay community although it was believed that Congress was drafting much broader legislation on the matter.

Although a federal law bans discrimination on the basis of gender and ethnic origin, there is no law to discourage employers from firing or refusing to hire workers based on sexual orientation. Twenty-one states have laws that prohibit workplace discrimination in government offices based on sexual orientation. Twelve states have extended these laws to private sector employment, including government contractors.

The current order in use is now almost half a century old. President Lyndon Johnson issued Executive Order 11246 back in 1965. It was the first time that the term affirmative action was used in a government decree and it prohibits federal contractors from discriminating against employees based on gender and race.

A new executive order will mean that there is a huge possibility that Congress will be forced to enact federal laws that protect LGBT members in the workplace. This may take some persuading given that Congress is dominated by the opposition. Even if the President issues an order, the Republicans may not be easily swayed.

(Written by Vee Dela Casa for Miller Cohen PLC posted on February 6, 2013.)

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.