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OCR Page 1 of 10QUESTIONS AND ANSWERS:
ENDA and How It Relates to
Gay and Lesbian Professionals Working with Children
Background: During consideration of the Employment Non-Discrimination Act (ENDA),
a few conservative Republican Senators (Lott, Nickles, Ashcroft) suggested that the
legislation be amended to deny protection against job discrimination based on sexual
orientation to employees who work with children. The exemption was raised in the
context of school teachers but could also deny job protection to the countless gay and
lesbian Americans currently working as guidance counselors, coaches, child care
workers, pediatricians, nurses, social workers, camp counselors, etc. This concern is
based on a false stereotype that gay people are a threat to children, and it flies in the face
of the essential principle of the proposed legislation -- that all workers deserve to be
judged by their ability and their performance, not by their sexual orientation.
1). Should this law exempt teachers or those who work with children?
No, it should not. All Americans who work hard and do their job, deserve to be
free from discrimination -- regardless of their sexual orientation.
ENDA simply states that all workers deserve to be judged by their ability and their
performance, not by their sexual orientation. The issue is basic equality and that's why
numerous polls have shown that more than 7 in 10 Americans support this action
extending basic job fairness to gay men and lesbians -- including those who teach our
children.
ENDA seeks to ensure that employment decisions are based on job related facts not
irrational fears or myths about sexual orientation.
NOTE: The National Education Association (NEA) and American Federation of
Teachers (AFT) have had a policy since 1976 stating: "All persons, regardless of their
sexual orientation, should be afforded equal opportunity within the public education
system. Personnel policies and practices must guarantee that no person be dismissed,
suspended, demoted, transferred, or retired on the basis of sexual orientation." The
National Association for the Education of Young Children (NAEYC), the premier child
care organization has had a similar policy in place.
2). Is it true true that gay teachers are likely to molest children?
No, that is not true. Studies have clearly demonstrated there is no relationship
between sexual orientation and child abuse. This negative stereotype is based on
fear and prejudice, not fact.
The Clinton Administration is committed to taking effective action to protect children
from abuse, including strongly advocating for criminal record checks for all those
working with children. Children need real solutions to keep them safe, not smoke
screens.