FAQ on Senate Bill 238 | Fairness West Virginia

What is Senate Bill 238 or the ENDA?

Senate Bill 238 is West Virginia’s version of the Employment Non-Discrimination Act (ENDA). It bans discrimination against lesbian, gay and bisexual people in West Virginia by adding sexual orientation to the Human Rights Act and the Fair Housing Act.

Where can I find the current version of the bill?

You can go directly to the Legislature's website to see and track the bill. As of 3/27/2008 the version is here.

What is the Human Rights Act?

The West Virginia Human Rights Act sets forth the state’s nondiscrimination law. It prohibits discrimination in employment, housing, and public accommodations based on race, religion, color, national origin, ancestry, sex, age, blindness, disability or familial status. It does not currently cover sexual
orientation.

Are there other places that have nondiscrimination
protections for sexual orientation?

20 states and the District of Columbia have nondiscrimination laws that are similar to the ENDA/SB 238. Additionally, both Charleston and Morgantown have ordinances that ban discrimination based on sexual orientation.

Is sexual orientation a choice?

No. We've known for many years that science indicates that sexual orientation is not a choice. Without getting into a long answer about the technical aspects of the science: just ask yourself--why would anyone choose to be gay? Or for straight people: when did you decide you were straight. The question answers itself. There is little reason or motivation for someone to choose
to be gay. The choice is made for them.

Can gay people change their sexual orientation?

No – and efforts to do so aren’t just unnecessary – they’re damaging. No studies show proven long-term changes in gay people. The American Psychological Association has stated that scientific evidence shows that so-called “reparative” therapy (therapy which claims to change gay people) does not work and that it can do more harm than good.

Does the bill protect transgendered people?

The bill that passed out of the Senate removed “gender identity” from the bill. Fairness seeks to have the House reinsert "gender identity" so that all West
Virginians may be protected.

Would this force churches to hire a gay person if they
disapprove?

No. There is a very broad religious exemption in the bill. This exemption was actually reviewed and approved by several prominent church organizations. There are many people of faith and churches who are fully supportive of the ENDA/SB238.

Why is the ENDA/SB 238 necessary?

ENDA is necessary because lesbian, gay, and bisexual people face serious discrimination in employment, including being fired, being denied promotions and experiencing harassment on the job.

Will the ENDA lead to an onslaught of frivolous lawsuits?

No. In the states that have already enacted statutes prohibiting employment discrimination based on sexual orientation, there has been no onslaught of litigation. In fact, very few cases have been filed. Three General Accounting Office (GAO) studies have shown that discrimination claims by lesbian, gay, and bisexual people in the states with nondiscrimination laws make up a very small percentage of overall discrimination claims. The GAO reported that the
percentage of overall claims that alleged discrimination based on sexual orientation or gender identity varied from state to state, ranging from 1.3% to
3.9% of all claims. State discrimination laws have not led to a flood of litigation, but rather have provided appropriate remedies for the modest number of cases of discrimination.

Does the ENDA/SB 238 create special rights or quotas for lesbian, gay, or bisexual employees?

No. The ENDA does not give preferential treatment to any individual based on sexual orientation. Thus, employers may not provide special treatment to lesbian, gay, bisexual, or heterosexual people. The bill provides that an employer may not use an individual’s sexual orientation as the basis for positive or negative action against that individual in any employment opportunity.

Will employers still be able to enforce dress standards on the job?

Yes. An employer may require employees to follow reasonable dress codes and reasonable grooming standards.

Will the ENDA be a burden on businesses?

Corporate America opposes discrimination and has enacted policies protecting its gay, lesbian, and bisexual employees. In fact, as of January 2007, 430 (more than 85%) of the FORTUNE 500 companies had implemented nondiscrimination policies that included sexual orientation.

Judging employees by the quality of their work is considered a best business practice as it is efficient to retain experienced employees and to hire the best qualified applicants. Corporate America has voluntarily put in place policies prohibiting discrimination against lesbian, gay and bisexual and transgender people for exactly this reason –– it’s good for business. In fact, businesses like Wal-Mart, Verizon, Wells Fargo and Toyota all promote fair treat for gays and lesbians in their employment policy and ban discrimination. A recent article in the State Journal examined the ramifications to the business community.

Does the ENDA/SB 238 require businesses to offer benefits to same-sex couples?

No. The bill does not require any business to offer any additional benefits to their gay and lesbian employees.

Does the ENDA/SB 238 change the definition of marriage?

No. West Virginia law already defines marriage as between a man and a woman. Moreover, West Virginia law specifically bans recognition of out of state marriages between people of the same sex. This bill has nothing to do with marriage.