Fact Check
Print

Family Research Council Spreads Homophobic Falsehoods In Misleading Email

January 07, 2010 3:22 pm ET

On January 6, 2010, Tony Perkins of the Family Research Council sent an email to supporters that falsely claimed the Employee Non-Discrimination Act "would require every employer in America to open every position to homosexuals... and 'transgenders'" including "Christian owned businesses and potentially Christian ministries." In reality, the bill simply prevents unlawful discrimination, and even exempts small businesses and religious organizations.

Family Research Council Spreads Lies About The Employment Non-Discrimination Act

Family Research Council Email:

From: Tony Perkins
Subject: Stop Obama's Crossdresser Protection Bill

[...]

The New York Times reported that the main website advertising jobs with the federal government now says there will be no "discrimination" based on "gender identity"-even though Congress has never passed a law saying that.

This new policy applies only to the federal government. But there is a bill being considered in Congress, the so-called "Employment Non-Discrimination Act" (ENDA), which would require every employer in America to open every position to homosexuals (by making "sexual orientation" a protected category) and "transgenders" (by protecting "gender identity").

All American employers including Christian owned businesses and potentially Christian ministries would be affected.  [Family Research Council Email, 1/6/10; emphasis original]

For a rundown of the Family Research Council's anti-gay history, click HERE

All It Does: Prevent Unlawful Discrimination... That's It

The Employment Non-Discrimination Act Simply Prevents Unlawful Discrimination & Segregation Based On Sexual Orientation. According to Section 4 of the Employment Non-Discrimination Act, "(a) Employer Practices- It shall be an unlawful employment practice for an employer-

(1) to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual's actual or perceived sexual orientation or gender identity; or

(2) to limit, segregate, or classify the employees or applicants for employment of the employer in any way that would deprive or tend to deprive any individual of employment or otherwise adversely affect the status of the individual as an employee, because of such individual's actual or perceived sexual orientation or gender identity. [H.R. 3017, The Employment Non-Discrimination Act, accessed 11/19/09]

Religious Organizations And Small Businesses Are Exempt From Bill

All Religious Organizations, Corporations, Associations, Educational Institutions, And Societies Are Exempt.  According to Section 6 of the Employment Non-Discrimination Act, "This Act shall not apply to a corporation, association, educational institution, or society that is exempt from the religious discrimination provisions of title VII of the Civil Rights Acts of 1964." [H.R. 3017, The Employment Non-Discrimination Act, accessed 11/19/09]

The Employment Non-Discrimination Act Exempts Businesses With Fewer than 15 Employees. According to the Employment Non-Discrimination Act, the bill does not apply to employers "who has 15 or more employees (as defined in subparagraphs (A)(i) and (B) of paragraph (3)) for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but does not include a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986." [H.R. 3017, The Employment Non-Discrimination Act, accessed 11/19/09]

The Bill Bans Preferential Treatment And Quotas Based On Sexual Orientation

The Bill Bans Preferential Treatment And Quotas Based On Sexual Orientation. According to Section 4 of the Employment Non-Discrimination Act, "(f) No Preferential Treatment or Quotas- Nothing in this Act shall be construed or interpreted to require or permit-

(1) any covered entity to grant preferential treatment to any individual or to any group because of the actual or perceived sexual orientation or gender identity of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any actual or perceived sexual orientation or gender identity employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such actual or perceived sexual orientation or gender identity in any community, State, section, or other area, or in the available work force in any community, State, section, or other area; or

(2) the adoption or implementation by a covered entity of a quota on the basis of actual or perceived sexual orientation or gender identity. [H.R. 3017, The Employment Non-Discrimination Act, accessed 11/19/09]

About That "Cross-Dressing" Charge

Employers Can Still Determine "Dress And Grooming" Standards. According to Section 8 of the Employment Non-Discrimination Act, "Nothing in this Act shall prohibit an employer from requiring an employee, during the employee's hours at work, to adhere to reasonable dress or grooming standards not prohibited by other provisions of Federal, State, or local law, provided that the employer permits any employee who has undergone gender transition prior to the time of employment, and any employee who has notified the employer that the employee has undergone or is undergoing gender transition after the time of employment, to adhere to the same dress or grooming standards for the gender to which the employee has transitioned or is transitioning." [H.R. 3017, The Employment Non-Discrimination Act, accessed 11/19/09]