Bill would prohibit job discrimination for sexual orientation

Employees would be protected from discrimination based on sexual orientation and gender identity under a bill heard by the Judiciary Committee Feb. 4.

Introduced by Lincoln Sen. Adam Morfeld, LB586 would prohibit employers, employment agencies and labor unions from discriminating against individuals based on their sexual orientation or gender identity. The bill would apply to employers with 15 or more employees, employers with state contracts, the state of Nebraska, governmental agencies and political subdivisions.

Discrimination based on race, color, religion, sex, disability, marital status and national origin currently is prohibited.

Morfeld said the bill is necessary because lesbian, gay, bisexual and transgender (LGBT) Nebraskans are being terminated from jobs and discriminated against based on their lifestyles, not workplace performance.

“We need to bring meaning to the words ‘equality before the law,’” he said. “No one should be fired for who they are or who they love.”

Morfeld added that a similar ordinance enacted by Omaha in 2012 did not yield an increase in discrimination litigation.

Clark Lauritzen, chairman of the Greater Omaha Chamber of Commerce, testified in support of the bill. Discrimination policies have an economic impact, he said, because inclusivity is increasingly becoming a deciding issue when talented employees consider working in Nebraska. Unwelcoming policies turn away prospective workers and create barriers for businesses looking for qualified employees, he said.

“We can’t afford to give good people a reason to leave our state,” Lauritzen said.

Tom Beckius, chairman of the Lincoln Young Professionals Group, agreed, saying LB586 is critical to creating a more inclusive and diverse workforce in the state. Speaking in favor of the bill, he said it is an important step in keeping Nebraska attractive to potential workers.

Lucas Peterson, a Lincoln resident, also supported the bill, saying that as a gay man, his job searches require an inordinate amount of time spent studying prospective employers’ discrimination policies.

“I have been fired three times in my life for being who I am,” he said.

Greg Schleppenbach of the Nebraska Catholic Conference testified in opposition to LB586. He said the government should not force employers to affirm lifestyles and behavior they don’t agree with. Those who stand up for their own beliefs, he said, would be subject to litigation.

Joe Neuhaus of the Nebraska Family Alliance also opposed the bill, saying discrimination against the LGBT community has not been proven to be a problem in Nebraska. Employers likely are not aware of their workers’ lifestyles, he said, and would have difficulty identifying the people the bill seeks to protect.

“Many if not most employers here in Nebraska do not care what an employee’s sexual orientation is,” he said.

The committee took no immediate action on the bill.