What is wrong with John Boehner?

House Speaker John Boehner says he opposes Senate-passed legislation that would prohibit job discrimination against gays, lesbians, or bisexual or transgender persons — but not because he’s antigay or pro-discrimination.



The reason, insists Boehner’s spokesman, Michael Steel, is that the speaker believes the bill “will increase frivolous litigation and cost American jobs, especially small business jobs.”



This explanation deserves a closer look, since Boehner’s opposition could keep the proposed Employment Nondiscrimination Act, or ENDA, from reaching the House floor for a vote.



“Frivolous” litigation refers to a suit that has no legal merit and is designed to harass the other side. In some cases judges can require the filer of a frivolous suit to pay the opponent’s legal costs. Lawyers in such cases also face potential sanctions

Eighteen states, including California, have similar laws, and another four states ban job discrimination based on sexual orientation but not gender identity. A study by the nonpartisan U.S. Government Accountability Office, released in July, found only a small number of suits filed under those state laws from 2007 through 2012. It didn’t break the suits down into frivolous and non-frivolous.