Emphasize Common Ground

The idea that everyone should be judged solely on their capabilities and job performance is a very strong American value. Very few people believe that it's okay to fire hardworking and high-performing employees just because they're gay.

• Hardworking, high-performing employees shouldn't be fired just because they're gay or transgender. Americans almost universally believe that workers should be judged by their job performance-and that this principle also applies to gay people in the workplace. This makes it very easy to talk about this issue in a way that resonates with common values. Gay and transgender people can and do lose their jobs just for being gay or transgender-and Americans believe that's wrong.


• Emphasize values like hard work, earning a living, and providing for our families. Americans tend to have a patriotic view of hard work. Gay and transgender people share this value, and are simply seeking the same chance to contribute and provide for their families. Research shows that it's effective to use messages such as, "If you work hard and do your job, you shouldn't be fired just because you're gay." When talking about employment protections, talk about the importance of hard work, productivity, and contributing to the economic health of the nation. Remember, it's about having the ability to earn a living (not about being "entitled" to work). And, it's about work as a way to provide for and be responsible for our families.


• Make it clear that America (and corporate America) supports employment protections. Employment protections are a mainstream issue. Since Gallup started measuring public opinion on workplace protections for gay people, support has risen from 56% in the 1970s to 89% today. However, research suggests that some who support workplace protections mistakenly believe that their friends and neighbors wouldn't be supportive. It's helpful to remind them of the near-universal support for employment protections. In fact, very few issues command this level of public support.
  
  Also, more private corporations are extending employment protections to gay and transgender employees. Of the 519 Fortune 1000 companies surveyed by the Human Rights Campaign, 98% prohibit unfair employment practices for gay employees, and 58% for transgender employees. However, many other businesses that employ millions of Americans don't do the same. Employment protection legislation would bring these remaining businesses, and the government, in line with the successful employment practices of corporate America.

Illustrate Concrete Harms

Americans simply don't know that it's still legal to unfairly fire gay and transgender workers. Overcoming this requires a two-pronged approach. First, establish that gay and transgender people aren't protected under the law. Second, use personal stories and real-life examples to clearly illustrate the harms that gay and transgender people experience in the workplace.

• Talk about how, contrary to popular belief, it's legal in 30 states to fire someone simply because they're gay, and in 37 states because of a person's gender identity. Explain that across the U.S., companies can and do legally fire gay and transgender people for reasons that have nothing to do with job performance.


• Tell vivid stories about how gay and transgender people have been hurt. Personal stories about the unfair treatment of gay and transgender employees can dispel commonly held misperceptions about employment protections. The ACLU report Working in the Shadows, available on the ACLU website, contains many short, vivid case studies of workplace harassment and unjust firings of gay and transgender employees. Help people understand what gay and transgender people face in the workplace. Even simple watercooler conversations about weekend plans or bringing someone to the company picnic can force gay and transgender people to choose between lying to their colleagues or potentially losing their ability to earn a living, pay the rent, buy groceries, and provide for their families.


• Explain the prevalence of unfair employment practices against gay and transgender people. The Williams Institute at UCLA School of Law recently reported that between 15% to 43% percent of lesbian, gay and bisexual people (or between 2.25 million and 6.5 million Americans) surveyed since the mid-1990s reported experiencing unfair employment practices based on their orientation. For transgender people, 20% to 57% of respondents reported having experienced unfair employment practices based on their gender identity.

Talking About Employment Protection Legislation

• Remind people that this legislation doesn't create brand new laws. It simply makes an adjustment to existing state or federal employment statutes that already protect people from being fired for reasons other than job performance. Talk about the legislation as a common-sense, incremental solution for protecting hardworking Americans: "This law simply adjusts existing employment law to protect gay and transgender people, just as it currently protects people based on race, sex, religion, national origin, and disability."


• Keep messaging about any "religious exemption" simple and brief. The federal ENDA (and some state legislation) has a clause that safeguards religious liberty even as it protects gay and transgender people in the workplace. One sentence explaining that the legislation exempts churches and other religious organizations will help assuage people's concerns. However, keep the overall discussion focused on protecting hardworking Americans from being unfairly fired.


• Emphasize the limited scope of the legislation. Most legislation in this area expressly prohibits quotas or other employment practices that could result in preferential treatment based on orientation or gender identity. Remind people of this when necessary.

Things to Avoid

• Avoid talking about "discrimination." While it's tempting to use this language, research indicates that using the term "discrimination" when talking about employment protections leads to major drops in public support. The term "discrimination" has been used across such a broad range of issues that it now leads to polarized, partisan reactions.


• Avoid talking about "equal rights," "equal employment opportunity" or "employment non-discrimination." Instead, talk about legislation that prevents companies from firing hardworking, high-performing employees just because they're gay or transgender.


• Don't talk about "what people do in their private lives." This legislation is about ensuring hardworking Americans aren't unfairly fired for reasons that have nothing to do with their job performance.


• Avoid anti-gay activists' red herrings. They may want to stir up unfounded fears, such as those about gay people as teachers. Remind your audience that 20 states have already successfully implemented legislation that is inclusive of gay educators, then bridge back to the key talking points.