Toward Ending Workplace Discrimination - By The NYT Editorial Board

EDITORIAL

Toward Ending Workplace Discrimination

By THE EDITORIAL BOARD

Published: November 4, 2013

An overdue measure to outlaw employment discrimination based on sexual orientation and gender identity cleared a procedural hurdle on Monday night in the Senate. The move is one step toward putting into federal law a basic principle most Americans support: Job applicants and employees should be judged on their professional credentials and the caliber of their work, and not be held back because of who they are.

The Employment Nondiscrimination Act, however, has a significant flaw — a terribly broad religious exemption. The exemption would extend beyond churches and other houses of worship to any religiously affiliated institution, like hospitals and universities, and would allow those institutions to discriminate against people in jobs with no religious function, like billing clerks, cafeteria workers and medical personnel.

The exemption — which was inserted to appease some opponents who say the act threatens religious freedom — is a departure from the approach of earlier civil rights laws. And though the law would protect millions of workers from bias, the exemption would give a stamp of legitimacy to the very sort of discrimination the act is meant to end. Any attempt to further enlarge the exemption should be rejected.

In all, 61 senators voted to overcome a Republican filibuster, including seven Republicans, who put to shame colleagues in their party who are still mired in intolerant thinking and too scared of Tea Party reactionaries to do the right thing. The victory on the motion to proceed appears to ensure Senate approval by the end of the week.

Full Editorial
http://www.nytimes.com/2013/11/05/opinion/toward-ending-workplace-discrimination.html