Daniel Hemel on Corporations Contracting Into Antidiscrimination Law

Contracting Into Antidiscrimination Law

Today’s installment of the excellent public radio show “1A” features an interesting conversation between host Joshua Johnson and Human Rights Campaign President Chad Griffin on a wide range of issues related to LGBTQ organizing, including the proposed Equality Act. That legislation — which now has 198 sponsors and cosponsors in the House and 48 in the Senate — would amend Titles II, III, IV, VI, VII, and IX of the Civil Rights Act of 1964, the Fair Housing Act, the Equal Credit Opportunity Act, and federal jury selection standards to add sexual orientation and gender identity as classes protected against discrimination. During the interview, Griffin also mentions that the bill now has more than 100 “corporate cosponsors,” including Amazon, Apple, Google, Facebook, and Microsoft.

I think that the Equality Act ought to be enacted immediately and that the lawmakers and corporations that have come out in support of the legislation deserve praise. But while nondiscrimination ought not be a partisan issue, I think it’s quite unlikely that a Republican-controlled Congress will pass the Equality Act this session. Fortunately, we don’t need to wait for Congress to implement the Equality Act on a national scale. The corporate cosponsors of the Equality Act can do it themselves.

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