THE JOURNEY TO PASSING ENDA IN THE SENATE WE BUILT A STRONG, BIPARTISAN CAMPAIGN

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1 THE JOURNEY TO PASSING ENDA IN THE SENATE The Human Rights Campaign invested nearly $2 million to pass the Employment Non- Discrimination Act (ENDA) through the U.S. Senate a historic step toward achieving workplace protections for all LGBT Americans. Our effort centered on building a nationwide, bipartisan campaign that generated hundreds of thousands of constituent contacts to Senators. Ultimately, ENDA passed the Senate with impressive bipartisan support. HERE S HOW WE SUCCEEDED: ENDA on the verge of Senate passage. Here s why. Gay rights groups, led by the Human Rights Campaign, have spent about $2 million on lobbying efforts, including the deployment of 30 field organizers to seven states represented by wavering senators. The outreach has included more than 108,000 s sent to supporters, tens of thousands of phone calls, postcards and in-person visits with potential supporters who have been urged to call their senators. 1 WE BUILT A STRONG, BIPARTISAN CAMPAIGN HRC was a lead partner in Americans for Workplace Opportunity (AWO) a bipartisan national campaign of 11 organizations that represent millions of Americans who support ENDA. AMERICANS WORKPLACE OPPORTUNITY HRC provided nearly $2 million toward the $2.5 million AWO effort, including key staffing for the campaign across legislative affairs, field and communications.

2 2 WE LED A NATIONWIDE FIELD EFFORT SO SENATORS KNEW THE BREADTH OF SUPPORT FOR ENDA HRC led the campaign s robust field organizing effort, which included 30 field organizers in Arizona, Arkansas, Nevada, New Hampshire, Ohio, Pennsylvania and West Virginia. These organizers generated nearly 260,000 constituent contacts to key Senators demonstrating that constituents on both sides of the aisle support ENDA. As of 11/5/13 ARIZONA 3,936 HRC S 7,453 AWO POSTCARDS 1,384 AWO CALLS & LETTERS ARKANSAS 1,016 HRC S 3,164 AWO POSTCARDS 1,803 AWO CALLS & LETTERS NEVADA 1,932 HRC S 3,582 AWO POSTCARDS 1,267 AWO CALLS & LETTERS NEW HAMPSHIRE 1,316 HRC S 2,068 AWO POSTCARDS 2,717 AWO CALLS & LETTERS OHIO 7,258 HRC S 6,727 AWO POSTCARDS 2,341 AWO CALLS & LETTERS PENNSYLVANIA 8,876 HRC S 4,320 AWO POSTCARDS 3,755 AWO CALLS & LETTERS WEST VIRGINIA 568 HRC S 2,051 AWO POSTCARDS 1,275 AWO CALLS & LETTERS OTHER STATES 137,470 HRC S 50,618 HRC POSTCARDS 1,435 AWO CALLS TOTAL: NEARLY 260,000 CONSTITUENT CONTACTS TO SENATORS WHEN I WAS HOME OVER THE BREAK, I THINK IT WAS 1,174 POSTCARDS WERE DELIVERED TO MY OFFICE FROM ALASKANS FROM AROUND THE STATE IN SUPPORT OF ENDA. IF YOU LISTEN TO YOUR FOLKS BACK HOME THIS IS IMPORTANT TO THEM. - SENATOR LISA MURKOWSKI, JULY 10, 2013 Organizers have held 150 events in these states, generating more than 162,000 s, 80,000 postcards, 15,000 calls and 1,000 letters. Organizers had nearly 400 faith leaders and 500 small business owners from across these key states sign letters supporting ENDA.

3 HRC and our allies activated our social media network to spread the word far and wide about the importance of ENDA. We partnered with Organizing for America to engage their nationwide grassroots network into action. 3 WE LAUNCHED AN AGGRESSIVE EARNED MEDIA CAMPAIGN HRC undertook a national media campaign to raise awareness about ENDA. We secured editorials and op-eds, elevated the voice of everyday Americans through letters to the editor in states across the country, and worked to inform reporters on what ENDA is and why it s needed. Workplace discrimination against gays at turning point in the Senate November 3, 2013 Workplace fairness for all By Chad Griffin October 30, 2013

4 Gay Rights Bill Moves Forward as Opposition Silent LGBT Groups Outspend Opponents on ENDA Anti-discrimination bill for gays, transgender clears U.S. Senate hurdle An obvious next step on the road to justice October 1, 2013 Businesses band together for LGBT rights September 21, 2013 Gay-Rights Job Bill Clears Key Senate Hurdle Cindy McCain petitions husband to back gay rights bill October 25, 2013 Gay-rights advocates woo Flake, McCain November 3, 2013 Moody s, UBS Lend Support to Gay-Rights Employment Bill September 5, 2013 Poll: Big support for anti-discrimination law Activists urge Heller to back anti-discrimination bill November 1, 2013 Workplace Protections: A Rare Opportunity for Compromise September 10, 2013 September 30, 2013 ENDA honors our founding values October 16, 2013 Voters in both parties back workplace equality for gays October 22, 2013 Gay Rights Gains Piling Up, Battles Still Ahead On-the-job performance all that should count October 27, 2013 Bill Advances to Outlaw Discrimination Against Gays U.S. Senate Advances Bill to Protect Gay and Transgender Workers Gay rights bill clears key hurdle in Senate Senate Advances Employment Non-Discrimination Act Apple s Cook argues for workplace protections for gays ENDA and the rights of Americans advance Gay rights activists turn to Fortune 500 Nondiscrimination law deserves support September 26, 2013 End discrimination for LGBT workers September 18, 2013 U.S. Senate should pass nondiscrimination act September 28, 2013 Senate should approve Employment Non-Discrimination Act September 28, 2013 ENDA on the verge of Senate passage. Here s why. October 30, 2013 Everyone s a winner with act to end workplace bias October 20, 2013 Fairness needed for all our children September 8, 2013

5 4 WE PROVIDED COMPELLING PROOF THAT AMERICANS STRONGLY SUPPORT LGBT WORKPLACE PROTECTIONS M 69% of AMERICANS support the Employment Non- Discrimination Act INCLUDING M 56% of REPUBLICANS The AWO campaign, along with Project Right Side, commissioned prominent Republican pollster Alex Lundry to conduct a nationwide survey on support for ENDA. The poll found nearly 70 percent of Americans including 56 percent of Republicans support ENDA. In fact, eight out of 10 voters already thought discrimination against workers based on their sexual orientation or gender identity was already illegal. 8 OUT OF 10 voters already thought discrimination against workers based on their sexual orientation or gender identity was already illegal Lundry also estimates that a majority of Americans living in all 50 states support ENDA. SUPPORT FOR ENDA ESTIMATED TO BE OVER 50% IN EVERY SINGLE STATE 5 WE PROVIDED REPUBLICAN LAWMAKERS WITH PROOF THAT THERE WAS NO DOWNSIDE TO SUPPORTING ENDA HRC produced a report which found that none of the 451 state-level Republican legislators who voted for LGBT workplace protections lost their re-election bid because of that vote. 91% of Republicans legislators who voted for state-level workplace protections were re-elected to office

6 6 WE ELEVATED THE IMPRESSIVE SUPPORT OF AMERICAN BUSINESS FOR ENDA HRC s Business Coalition for Workplace Fairness includes more than 100 major businesses and Fortune 500s who support ENDA. In fact, a number of these respected business leaders spoke out during the run-up to a Senate vote: MEMBERS OF HRC S BUSINESS COALITION FOR WORKPLACE FAIRNESS MORE THAN 100 OF AMERICA S BIGGEST COMPANIES AND RESPECTED BRANDS HAVE A SIMPLE MESSAGE FOR CONGRESS: > PASS ENDA Workplace Equality is Good for Business By: Tim Cook November 3, 2013 Everyone s a winner with act to end workplace bias By: Jan Jones October 20, In fact, 88 percent of Fortune 500 companies have implemented sexual orientation non-discrimination policies, while 57 percent have policies that include gender identity. 88 PERCENT OF 57 PERCENT OF COMPANINES HAVE IMPLEMENTED SEXUAL ORIENTATION NON-DISCRIMINATION POLICIES COMPANINES HAVE IMPLEMENTED GENDER IDENTITY NON-DISCRIMINATION POLICIES 7 WE PROVIDED EVIDENCE TO REBUFF FALSE ATTACKS AGAINST ENDA We pushed back hard with undeniable evidence against opponents who claimed ENDA was unnecessary or would lead to frivolous lawsuits. From GAO reports finding virtually no uptick in litigation in states with existing workplace protections to CEOs on the record rejecting similar claims, we provided a substantive and factual basis for ENDA. GAO: Update on State Statutes and Administrative Complaint Data on Employment Discrimination Based on Sexual Orientation and Gender Identity July 31, 2013 These data showed that there were relatively few employment discrimination complaints based on sexual orientation and gender identity filed in these states during this time period.

7 8 WE EDUCATED LAWMAKERS ABOUT THE NEED FOR ENDA HRC spent years engaging with lawmakers about the need for ENDA providing them with the data, resources and compelling human stories about why we need this legislation. HRC also facilitated hundreds of face-toface meetings between lawmakers, their staff and their constituents through our many lobby days, providing an opportunity for Americans from across the country to tell their lawmakers why they support ENDA. 9 THERE WAS NO ORGANIZED OPPOSITION Opposition from anti-lgbt groups to ENDA was steeped in animus not credible fact. Our opponents struggled to generate any momentum against the bill. LGBT Groups Outspend Opponents on ENDA A Sunlight Foundation analysis of lobbying disclosure reports found that of the 23 groups who are lobbying on the Employment Non-Discrimination Act, only three lobbied against the bill. The National Religious Broadcasters, the Traditional Values Coalition and the Family Research Council reportedly spent a little more than $43,000 to stop ENDA in the third quarter. Meanwhile, one LGBT rights group on its own, the Human Rights Campaign, spent more than 10 times as much during the same third-quarter period - $450,000 - to ensure its passage. 10 WE HAD TIRELESS SENATE ADVOCATES IN BOTH PARTIES Tireless champions of this bill included Majority Leader Harry Reid, Republican Senators Mark Kirk and Susan Collins, and Democratic Senators Tom Harkin, Jeff Merkley and Tammy Baldwin. Reid confident of ENDA Senate passage, blasts House intransigence As I ve grown on this issue I think I m with a lot of the American people. One time it was a big deal to people to try to understand transgender. That held up this legislation for a while, I m confident of that, Reid said. And to the credit of the HRC and other groups, when we wanted to move forward without that they said no.

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