Background

On October 18th 2007, the House Committee on Education and Labor, by a vote of 27-21 passed the Employment Non Discrimination Act (H.R.3685). This historic legislation providing workplace protections on the basis of sexual orientation has left committee and will likely face a floor vote this week. HR.3685 is identical to the long supported H.R.2015, with the notable exception of protections based on gender identity. Representative Tammy Baldwin (D-WI) has proposed an Amendment, with the full support of the House Democratic leadership that would restore ENDA to its original language and intent. Without this Amendment, H.R.3685 would deny protections to transgender people, as well as fail to protect lesbian, gay and bisexual people who do not conform to society’s gender expectations. Baldwin’s effort would be our best opportunity to override the prior bias and ensure that these protections are a critical element within the comprehensive ENDA legislation. Unlike the Senate, where any Senator can offer an amendment at almost any time to any bill, the House is tightly controlled. Leadership has to approve what amendments will be offered-and they have to be cleared by the House Rules Committee. In particular, including language which protects victims of discrimination based on gender identity is arduous and for some Members of Congress, politically divisive. Language of this magnitude will affirm the relevance of abating employment discrimination for all. Therefore, the reinstatement of gender identity protections back into ENDA will insulate a vulnerable population from further discriminatory practices, in addition to entrenched inequities.

The Baldwin Amendment would ensure that ENDA is wholly inclusive of the entire LGBT community. Further, it would help to erode discrimination against LGBT citizens and promote a national identity that is dedicated to fundamental fairness and equity for all. For years, social workers, activists and advocates for civil rights and gay equality have fought to eradicate discrimination on behalf of marginalized communities. NASW will not waver from its conviction that intolerance and personal prejudice predicated upon one’s sexual orientation is unconscionable. We will steadfastly proceed with our efforts to protect the rights of all Americans and seek passage of an ENDA bill that is inclusive and reflective of America’s diversity. The Association believes that this represents Democracy at its best-advocating for full equality and nondiscriminatory practices.

Action Needed

Representative Baldwin’s Amendment will likely be considered on the House floor the week of October 22, 2007. Please call your Representatives at 202-224-3121 and urge them to support the BaldwinAmendment, and vote yes on gender identity protections in ENDA. Let your Representatives know that you are a constituent and a social worker requesting their support for the alleviation of intolerance and the protection of civil liberties.

Contact: Lawrence Moore, III at (202) 336-8289

BackgroundThe House of Representatives is currently considering legislation that would prohibit discrimination on the basis of sexual orientation or gender identity.

The Employment Non-Discrimination Act (HR.2015), introduced by Representative Barney Frank (D-MA), forbids employers from discriminating against individuals on the basis of their perceived or actual gender identity or sexual orientation, and prohibits preferential treatment or quotas. These provisions are not applicable to religious institutions or the armed forces.

In addition, this legislation prohibits the Equal Employment Opportunity Commission (EEOC) from collecting statistics from covered entities on sexual orientation or gender identity or compelling the collection by covered entities of such statistics. Also, it gives various bodies (including the EEOC, librarian of Congress, Attorney General, and U.S. courts) the same enforcement powers as they have under previous legislation such as the Civil Rights Act of 1964 and the Government Employee Rights Act of 1991. � This bill also specifies that state governments are liable to prosecution under these provisions for violating the non-discrimination act, as is the federal government, with limitations.

Presently, ENDA has 171 cosponsors with four Congressional Committees in the House of Representatives that have oversight.� Additionally, 52 American corporations have committed their institutional support to H.R.2015.� The original ENDA legislation was introduced in 1994 in both the House and the Senate, with NASW steadfastly seeking enactment of a measure which sought inherent protections for the LGBT community.� However, in 1996, ENDA came before the Senate and lost by a single vote.� H.R.2015 provides protections, insulations, and basic security that are aligned with other civil rights and business regulatory legislation.

Professional social workers have a rich tradition of activist concern regarding societal inequities such as racism and discrimination. To this end, a core mission of social work is to serve underrepresented and marginalized communities. For this reason, social workers are profoundly committed to advocating for a humane society that will resolve to fight intolerance, bigotry, and injustice against all people. The Employment Non-Discrimination Act represents Congress’ desire to move towards this goal. We believe HR.2015 requires bipartisan support and immense grassroots activism. NASW remains committed to the principles of The Employment Non-Discrimination Act and to redressing societal inequality. Public support for ENDA is strong. It is clear that Americans know that ENDA represents a measured and pragmatic response to unjust prejudice and discrimination.� Social Workers are unified in their belief that discrimination against people based on sexual orientation or gender identity, is real and serious.

Action Needed

A vote on this legislation could occur before Congress takes its fall recess.� Please call your Representatives at 202-224-3121 and urge them to support HR.2015, The Employment Non-Discrimination Act. Let your Representatives know that you are a constituent and a social worker requesting their support for the alleviation of intolerance and the protection of civil liberties.

Contact: Lawrence Moore, III at (202) 336-8289

When will this legislation become effective?

Most of the changes will take effect October 1, 2007.

Who is eligible for the loan forgiveness portion of the legislation?

You must be working full-time in a public service job to include:

• Emergency management
• Government
• Military service
• Public safety
• Law enforcement
• Public health
• Public education (including early childhood education)
• Social work in a public child or family service agency
• Public interest law services (including prosecution or public defense or legal advocacy in low-income communities at a nonprofit organization)
• Public child care
• Public service for individuals with disabilities
• Public service for the elderly
• Public library sciences
• School-based library sciences and “other school-based services”
• An Internal Revenue Service designated 501(c)(3) organization
• Teaching as a full-time faculty member at a tribal college or university
• Teaching in “high-needs areas” as determined by the Secretary of Education.

How do I find out if I am eligible for the loan forgiveness program?

To determine whether or not you are eligible, contact the U. S. Department of Education at 1-800-USA-LEARN. They will be issuing regulations within the coming months to provide the public with more guidance on the legislation’s implementation.

How much of my loan does this affect?

After ten years of service in an eligible profession, 100% of federal loans and interest are forgiven.

Where can I get information about other loan forgiveness programs?

NASW has a loan forgiveness toolkit on our website at http://www.socialworkers.org/advocacy/updates/2007/072707.asp
Currently, under the U.S. Department of Education’s Income Contingent Repayment (ICR) Program, a borrower may pay federally guaranteed and federally extended loans over 25 years. The repayment amount is tied to the borrower’s income. After 25 years of ICR payments, the balance of the debt is forgiven. Access the U.S. Department of Education’s website at www.ed.gov for information about college financial aid.

Who can I contact if I need further assistance?
If you need assistance in solving a loan dispute, contact the U.S. Department of Education’s Federal Student Aid Ombudsman at http://www.ombudsman.ed.gov/

NASW has been working to secure student loan forgiveness legislation for social workers for many years. Thanks to grassroots member advocacy and the work of NASW lobbyists, a major victory has been scored in support for students and social workers nationwide: On September 7,� � 2007, Congress passed H.R. 2669, “The College Cost Reduction Act of 2007” which amounts to the most sweeping changes to federal student aid programs in more than a decade. The President is expected to sign it shortly. Most of the changes will take effect on October 1, 2007.� Here are some the specifics of the bill:

• Loan forgiveness would be offered to those who hold public service jobs (including social workers in a public child or family service agency) after 10 years of service.
• The interest rate on subsidized student loans would be cut in half, from 6.8 percent to 3.4 percent, over four years beginning in 2008.
• The maximum Pell grant award would increase by $490 in 2008 to $1,090 by 2012-2013.
• A cap on repayments of federally backed loans at 15 percent of� a borrower’s discretionary income.

The portion of this legislation that is most pertinent to social workers is the section on loan forgiveness.� Currently, under the U.S. Department of Education’s Income Contingent Repayment (ICR) Program, a borrower may pay federally guaranteed and federally extended loans over 25 years. The repayment amount is tied to the borrower’s income and after 25 years of ICR payments, the balance of the debt is forgiven. You can access the U.S. Department of Education’s website at www.ed.gov for more information.

With respect to H.R. 2669, ICR is retained but there is also the option to shorten the period for loan forgiveness to occur. A new program will allow public service workers to cancel their loans after ten years of service for loans taken out after October 1, 2007. A public service job is defined as: emergency management, government, military service, public safety, law enforcement, public health, public education (including early childhood education), social work in a public child or family service agency, public interest law services (including prosecution of public defense or legal advocacy in low-income communities at a nonprofit organization), public child care, public service for individuals with disabilities, public service for the elderly, public library sciences, school based library sciences, and “other school-based services” or at an organization with 501 (c)(3) Internal Revenue Service status, which would be the nonprofit sector. This legislation could impact many social workers when one considers the broad categories of government and the nonprofit sector.

However, the law is ambiguous in places. For example, it is not clear whether a public service job could be done by someone who works in a private nonprofit organization that provides child welfare services under contract to the government or what is meant by “other school-based services”. Loan forgiveness is also mentioned for those who teach full-time as a faculty member at a tribal college or university and “other faculty teaching in high-need areas” to be determined by the Secretary of Education. Therefore, social workers that provide full-time public service in the aforementioned areas could benefit from this legislation as it is written. The U.S. Department of Education will be issuing regulations in the coming months that give more details about eligibility determination and other programmatic concerns.

While we were disappointed that a provision for loan forgiveness after five years was removed from an earlier House version, we recognize that loan forgiveness is an important workforce recruitment and retention tool. Those who take advantage of loan forgiveness programs are likely to remain in their social work careers longer resulting in better outcomes for consumers. Social workers are burdened with high student loans and often receive lower pay than other professions. A recent survey by the Council on Social Work Education found that the average loan debt of social work students graduating in 2004 with a master’s degree in social work was $26,777; those with bachelor’s degrees in social work faced repayment of $18,609 in loans and those with doctoral degrees in social work were $32,841 in debt.

For more information

Please contact the U.S. Department of Education at 1-800-USA-LEARN for more information or to find out if you are eligible for loan forgiveness. This legislation presents a significant opportunity for social workers to improve their economic situations as we work to enhance the lives of children and families nationwide. NASW will continue to advocate for legislation to support the social work profession and the children and families you serve. Our loan forgiveness toolkit can be accessed at http://www.socialworkers.org/advocacy/updates/2007/072707.asp or view our “Frequently Asked Questions” on our website at www.socialworkers.org

Read President Bush’s speech before signing the College Cost Reduction Act of 2007.