By Erin Kelly | Republic Washington Bureau
Sens. Jeff Flake and John McCain voted Thursday to approve legislation to bar employment discrimination against gays, lesbians, bisexuals and transgendered workers.
The Arizona Republicans joined with a majority of senators to pass the Employment Non-Discrimination Act by a vote of 64-32. It now goes to the House, where it faces a much tougher battle.
The support of the Arizona senators was somewhat surprising because Flake voted Monday against allowing the bill to come to the Senate floor for a vote. McCain was absent from Monday’s vote but aides said he was leaning toward opposing the bill.
The senators said Thursday they decided to support the bill after it was amended to strengthen protections for religious freedom.
Statement by Rose Law Group Employment Law attorney David Weissman:
As a management side employment lawyer, I generally do not favor new laws that create additional risks and potential liabilities for my employer clients. That said, in light of the many other categories of workers that are currently protected under federal employment law, protecting gay, lesbian, bisexual and transgendered workers from workplace discrimination is certainly a reasonable, fair, and appropriate measure. Moreover, many states already have similar workplace protections in place (not yet including Arizona), so for many employers this is nothing new. The bottom line for Arizona employers, though, is that if the Employment Non-Discrimination Act passes in the House, they should be prepared to amend their employment practices and written policies to be consistent with these new legal requirements and train their staff accordingly.
If you’d like to discuss employment or health care law, contact David Weissman, dweissman@roselawgroup.com