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The next champion of LGBT workplace rights?

Shiu would enforce ENDA-like executive order for federal contractors

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Patricia Shiu (Photo courtesy the Labor Department)

The Obama administration official who would be responsible for enforcing a proposed federal ban on discrimination against LGBT workers by federal contractors boasts a long record of advocating for LGBT rights.

Patricia Shiu heads the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), which enforces contractual promises of equal employment opportunity for companies doing business with the federal government.

If, as advocates have been pushing him to do, President Obama issues an executive order requiring federal contractors to adopt non-discrimination policies inclusive of sexual orientation and gender identity, Shiu would be responsible for ensuring companies live up to that obligation.

Federal contractors that discriminate against LGBT employees would have to answer to Shiu — and potentially have to pay back wages and reinstate workers fired for discriminatory reasons.

Tico Almeida, president of Freedom to Work and one of the chief advocates calling for the order, called Shiu a “smart and talented attorney” and said she’s “demonstrated throughout her career a real passion and commitment to enforcing civil rights laws.”

“As the executive order has advanced through the slow bureaucratic process over the course of the last year, I have felt reassured knowing that we have strong straight allies like Director Shiu on the inside advocating for workplace fairness for LGBT Americans,” Almeida said. “She knows the legal issues backwards and forwards, in part because she has real world experience at the Employment Law Center representing LGBT Americans who have faced workplace discrimination just because of who they are or whom they love.”

Because the measure is similar in its goal to the Employment Non-Discrimination Act, the directive has sometimes been referred to as the “ENDA” executive order, although the order would be more limited in scope because it only affects federal contractors. Multiple sources have said the Labor and Justice Departments have cleared such a measure, but the White House hasn’t said whether Obama will issue the directive.

Almeida said he met with staffers from OFCCP to advocate for the executive order, and had two meetings with Shiu herself. Almeida wouldn’t comment on the substance of the meetings, and Shiu declined an interview for this article.

If Obama issues the order, Shiu would be responsible for drafting and implementing regulations, putting them through a 90-day public comment period, revising the regulations and then publishing final rules.

“That could take six, eight, 10 or even 12 months, which is why it is so critical that President Obama get the process started by signing the executive order as soon as possible,” Almeida said.

No federal law protects LGBT people from discrimination in the workplace, but observers say Shiu has distinguished herself by protecting civil rights for other groups using as tools protections already in place since she took over at OFCCP in 2009.

Executive Order 11246, signed in 1965 by President Johnson, prohibits federal contractors from discriminating on the basis of race, color, religion, sex or national origin.

Several statutes also prevent companies doing business with the federal government from discriminating against employees. Section 503 of the Rehabilitation Act of 1973 prohibits job bias based on disability and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 prohibits job bias based on veteran status.

OFCCP’s work is focused on compliance evaluations of contractors who are scheduled for reviews, when compliance officers check to make sure contractors are meeting these obligations. According to the Labor Department, Shiu’s office investigated 356 complaints filed under Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

Under the Obama administration, OFCCP has recovered more than $30 million in financial remedies on behalf of nearly 50,000 victims of discrimination. In the past three years, the agency has evaluated more than 12,000 businesses that employ almost 5 million workers. In addition to back wages, interest and benefits, OFCCP has negotiated more than 4,800 potential job offers for workers who have been illegally subjected to discrimination.

Nancy Zirkin, executive vice president for policy at the Leadership Conference on Civil and Human Rights, had high praise for Shiu’s work in enforcing non-discrimination rules with federal contractors.

“Overall, her commitment to reinvigorate and ramp up the enforcement of the agency has been amazing, which is not surprising because she has dedicated her whole career to protecting workers and promoting diversity and enforcing the law,” Zirkin said. “In her previous role, she was always very well respected in the legal and policy advocacy community.”

Zirkin said the Employment Task Force of the Leadership Conference on Civil and Human Rights has worked with her on the National Equal Pay Enforcement Task Force, which was charged with cracking down on violations of equal pay laws affecting women.

“We think she has been throughout her career and continues to be a stellar point for the civil rights community,” Zirkin said.

If Obama were to issue the ENDA executive order, Zirkin predicted that Shiu would be an effective enforcer of that directive.

“Based on her entire life’s work, she would implement and enforce it, and as I said in the beginning, she has made a demonstrated commitment to reinvigorate and ramp up enforcement at the agency,” Zirkin said.

In June, Shiu secured one such major financial reward from a pharmaceutical giant and federal contractor as the result of allegations of gender discrimination in violation of Executive Order 11246.

AstraZeneca, among the largest pharmaceutical companies in the world, agreed to pay $250,000 to 124 women subjected to discrimination while working at the corporation’s Philadelphia Business Center in Wayne, Pa. The action resolved a lawsuit filed by the Labor Department in May 2010 alleging the company discriminated against female sales specialists by paying them salaries that were, on average, $1,700 less than their male co-workers.

OFCCP conducted a scheduled compliance review of the business center in 2002 and found AstraZeneca had violated Executive Order 11246 by failing to meet its obligations as a federal contractor to ensure employees were paid fairly. According to the Labor Department, the company holds a contract valued at more than $2 billion with the Department of Veterans Affairs to provide pharmaceutical products to hospitals and medical centers throughout the country.

Shiu is credited with being a stalwart supporter of civil rights and LGBT rights even before she came to the Labor Department. Prior to joining the Obama administration, Shiu was an attorney for 26 years at the San Francisco-based Legal Aid Society Employment Law Center and worked on employment discrimination cases, including LGBT-related cases.

Elizabeth Kristen, current director of the Employment Law Center’s Gender Equity and LGBT Rights Program, said Shiu was her mentor at the organization before she left and “an incredible champion for civil rights.”

“She is a tough litigator and she’s a passionate advocate and she’s incredibly smart and she really when she was here just went to bat for her clients,” Kristen said.

Kristen said Shiu worked on cases at the Legal Aid Society Employment Law Center affecting LGBT employees and said she “fully gets the issues and is a staunch, staunch ally to the LGBT community.” The Law Center wouldn’t reveal information about these cases, citing confidentiality agreements.

A lesbian who married her spouse in San Francisco in 2008, Kristen said Shiu in addition to her legal work was outspoken against Proposition 8, the ballot measure that ultimately eliminated marriage rights for gay couples in California.

“Many of our straight allies were working to get President Obama elected, which is great and wonderful but some of us also were fighting Prop 8 on Election Day, and Pat was also with us fighting Prop 8,” Kristen said.

Kristen added Shiu was involved in a Legal Aid Society Employment Law Center decision to gross up the pay for employees in same-sex marriages to offset the tax inequities faced by these individuals. Because of the Defense of Marriage Act, individuals in same-sex marriages have to pay a federal tax on health care benefits, unlike those in opposite-sex unions.

Should Obama issue the ENDA executive order, Kristen said Shiu “would do everything in her power to enforce it.”

“She would do everything she could to make sure that this order was fully effective because I know the rights of the LGBT community are near and dear to her heart,” Kristen said.

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Florida

Key West Pride’s state funding pulled

Republican Fla. Gov. Ron DeSantis signed anti-DEI bill

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(Photo by Miami2you via Bigstock)

Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.

In a letter provided to the Key West Business Guild, the LGBTQ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.

The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ events in the Keys will be held after this year.

He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”

The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.

“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”

This will not impact anything this year, Dougherty assured the Washington Blade; however, the future is not as certain.

“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”

He said that this will amount to a large chunk of the expected funding for the LGBTQ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”

“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”

He went on to explain that marketing to many major metropolitan areas with large LGBTQ populations may not see the same Key West advertisements and push as in years past — and that is the point.

“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”

The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.

“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”

“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”

He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.

“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”

The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.

He also went on to say that this should be eye-opening for anywhere considered an LGBTQ destination, regardless of whether it is in a blue state or a red one.

“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”

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Federal Government

DOE investigates Smith College’s trans-inclusive policy

Mass. college accused of violating Title IX

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The Department of Education building in Washington, D.C.

The U.S. Department of Education announced on Monday that it opened an investigation into Smith College for admitting transgender women.

Smith College, a private and famously all-women’s college in Northampton, Mass., established in 1871 and opened in 1875, has a long list of women who make up its historic alumni — including first ladies, influential political figures, and cultural leaders.

The DOE released a statement about the investigation into the institution through the Department’s Office for Civil Rights, saying it was looking into the possibility that Title IX of the Education Amendments of 1972 was violated by allowing trans women, referred to in the statement as “biological males,” into women’s intimate spaces protected by IX.

The statement explicitly highlighted that this stems from trans women being granted “access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams” while also allowing their audience into the school itself.

This is the first time the Trump-Vance administration has taken a step into admissions processes, a stark jump past investigating policies that allowed trans women to participate in women’s sports and use women’s bathrooms, and allows for the administration to go more after trans acceptance policy as a whole.

Smith’s admission policy allows for “any applicants who self-identify as women,” including “cis, trans, and nonbinary women,” according to the college’s website, and has since 2015, when it updated its policy.

“The college is fully committed to its institutional values, including compliance with civil rights laws,” Smith’s statement in response to the DOE’s investigation said. “The college does not comment on pending government investigations.”

“An all-women’s college loses all meaning if it is admitting biological males,” said Assistant Secretary for Civil Rights Kimberly Richey. “Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump administration will continue to uphold the law and fight to restore common sense.”

This move continues to align with actions the Trump-Vance administration has taken to curtail LGBTQ — and specifically trans — rights in America, as members of the administration attempt to break down safeguards and protections that have long been used to protect marginalized communities.

Since Trump took office in his second term, there have been significant legal challenges. According to the National LGBTQ+ Bar Association, there are over 35 court cases that have emerged since his second swearing-in that directly relate to the administration’s attempts to minimize the rights and protections of trans Americans — from medical care and educational protections to military policy.

Much of this anti-trans policy direction was outlined beginning in 2022 with the Project 2025 playbook, which Trump officials have used as a guide to scale back protections for LGBTQ people, Black Americans, poor and Indigenous communities, while also increasing costs for lower-income Americans and providing tax cuts to the wealthy and ultra-wealthy. The plans also “erode” Americans’ freedoms and remove crucial checks and balances that have allowed the executive branch to remain in line with the Constitution without becoming too powerful over either the courts or the legislative branch.

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New York

Gay ICE detainee freed after 150 days in detention

Cayman Islands native taken into custody before green card interview

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Allan Marrero, left, and Matthew Marrero (Photo courtesy of Middle Church)

Following nearly half a year in U.S. Immigration and Customs Enforcement detention, Allan Marrero has been released and is back home with his husband in New York.

Marrero spent 150 days in ICE custody, held in multiple detention centers across the U.S. after missing an immigration court hearing while in a rehabilitation program for alcohol addiction — a circumstance widely considered “good cause” for failing to appear.

The Washington Blade first reported on Marrero’s case in March after the Cayman Islands native was detained by ICE officers during what was supposed to be a routine marriage-based green card interview at 26 Federal Plaza in New York City.

Marrero had been married to his husband, Matthew Marrero, for two years at the time of the interview. But almost immediately, the experience turned hostile.

The Rev. Amanda Hambrick Ashcraft, a minister at Middle Church in Manhattan who accompanied the couple to provide spiritual support, later described the process as “dehumanizing” and “barbaric.”

During the interview, it became clear the couple was facing an uphill battle. At one point, when asked how they met, Matthew Marrero instinctively looked over at his husband and was “snapped at” and told not to look at him. As the interview continued, the outlook only grew more grim.

Unaware that he had a prior removal order tied to the missed court date while he was in rehab, Allan Marrero was detained on the spot.

Over the following months, Allan Marrero was transferred through multiple detention facilities, including centers in Arizona and Texas, the Everglades Detention Facility — also known as “Alligator Alcatraz,” which has been described as having “unsanitary inadequate conditions” — and ultimately a detention center in Mississippi.

While in custody, Allan Marrero was denied access to prescription medication and, according to advocates, was psychologically pressured by ICE agents to self-deport rather than remain detained while his legal case proceeded.

Although a judge later reopened his case and granted bond after Allan Marrero provided proof that he had been in rehab — a valid medical reason for missing his court date — ICE used procedural mechanisms to keep him detained. A separate judge later issued a ruling denying relief, leaving Allan Marrero in custody.

On the outside, Matthew Marrero said his life felt as though it had been put on pause so ICE could meet enforcement quotas.

“[It feels like] somebody came in and kidnapped someone close to you and took away all of your control and power,” Matthew Marrero told the Blade on March 7. “You shouldn’t be able to have this much control over somebody’s life, especially if they are trying to do the right thing … You’re not going after criminals, you’re not going after the worst of the worst. You’re trying to fill a quota.”

Alexandra Rizio, Allan Marrero’s attorney with Make the Road New York, a progressive grassroots immigrant-led organization, told the Blade that “there seems to be an underlying element of cruelty baked into not only this administration, but everything.”

“It didn’t have to go down that way,” Rizio continued. “If someone goes in for a green card interview and their marriage interview, and they learn that they have a removal order, what the USCIS officer could have done is say, ‘Look, you have a removal order in your name. You need to go hire an attorney right away to get this taken care of. I can’t adjudicate your green card…’ And if you hire a lawyer, you know, you might be able to get it straightened out. Of course, that’s not what happened. And so ICE, which was in the building, were called and they did arrest Allan.”

The Marreros are scheduled to hold a press conference on Tuesday at Middle Church, where Allan Marrero will speak publicly for the first time about his detention.

For additional information on the press conference please visit middlechurch.org

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