Minuteman Alert - LB670 Gender Identification and Sexual Orientation as Protected Class

NFFV Action Request

Upcoming Business and Labor

Committee Hearing

Monday, February 13, 2023

1:30 PM, Room 1525

Oppose

LB670 Add Gender Identification and Sexual Orientation

as Protected Class

What is LB670 all about?

LB670 basically would require small businesses (15 employees or less) to prohibit discrimination on the basis of gender identity or sexual orientation. Versions of this bill have been introduced unsuccessfully over the last eight years 2015, 2017, 2019, 2021, and now in 2023. See the trend!

Who bears the brunt?

A person's race, color, and sex are apparent and can be confirmed with objective criteria, but 'sexual orientation' and 'gender identity' are subjective traits that can be changed from one day to the next without the employer's knowledge. How would an employer know an employee's sexual orientation or gender identity at any given time?

Unlike large corporations that have Human Resource and Legal staff, small business do not have the resources to cover themselves for every scenario that comes up. They would be more susceptible to lawsuits from employees without the resources to fight off frivolous claims. Many would have to close their doors due to the unnecessary burden this bill would place on them.

Attack on small business?

LB670 prohibits both actual and perceived discrimination based on sexual orientation and gender identity. What does perceived mean and who gets to decide? We don't know. Does the employee have a better perception than an employer? How would any employer implement policies, training, and business etiquette base on futuristic perceptions that someone may or may not have? It appears small business are being setup to fail.

Are a business owner's beliefs negligible?

Who are we without our deeply held beliefs? Ironically the same law, Title VII, people use to justify adding protective rights for gender identity and sexual orientation could in fact strip employers of their religious freedoms, which Title VII also protects.

In a landmark ruling issued on June 15, 2020, the U.S. Supreme Court held that an employer who fires or otherwise discriminates against an individual simply for being gay or transgender does so “because of . . . sex,” in violation of Title VII of the Civil Rights Act of 1964. Title VII makes it unlawful for an employer to discriminate against any individual “because of such individual’s race, color, religion, sex, or national origin". In dissent, Justice Alito made the following statement: “There is only one word for what the Court has done today: legislation.” You can read more about Justice Alito and Justice Kavanaugh dissenting opinions here.

That's not the end of the story though. There are cases that have prevailed in the courts: a Colorado Baker, a Washington State Florist, and a Wisconsin Photographer to name some. You can learn more about each of their stories by clicking on their occupation.

It's stories like these the highlight the importance of opposing LB670.

How to be heard?

Take action, your voice is powerful make it heard. LB670 committee hearing is scheduled for Monday, February 13, 2023.

How to be heard? Here are three ways:

Most Effective: Testify in person. Going to the Committee hearing and sharing YOUR story with committee member Senators is very impactful. For first time in person testifier here are some help hints.
Very Effective: Submit written testimony. If you can't be there in person then submit written testimony. Not sure how to do that, click here. Note; written testimony needs to be submitted by noon the business day before the committee hearing.
Effective: Email your position letter to edupl@leg.ne.gov and CC each committee member Senator. For a listing of the Business and Labor Committee Senators click here. Note; emails need to be sent by noon the day before the committee hearing. It's not guaranteed these emails will be included in the official meeting documents.

Not sure what to say?

Listed below are thought starters. Build your story around one or two of them. Quantity is not as important as a short heart felt personal story.

Here are three strong arguments to oppose this poor legislation:

This bill takes away an employer's right to avoid situations that go against their deeply held believes, thus violating their religious freedoms.

This bill is overly vague by stating discrimination can be based on both real and perceived adverse treatment.

Small business do not have the resources to implement the changes this bill would require. They also become vulnerable to frivolous lawsuits.

NEBRASKANS FOR FOUNDERS' VALUES

Board of Directors Team