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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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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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Iran

LGBTQ groups condemn Trump’s threat to destroy Iranian civilization

Ceasefire announced less than two hours before Tuesday deadline

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President Donald Trump (Washington Blade photo by Michael Key)

The Council for Global Equality is among the groups that condemned President Donald Trump on Tuesday over his latest threats against Iran.

Trump in a Truth Social post said “a whole civilization will die tonight” if Tehran did not reach an agreement with the U.S. by 8 p.m. ET on Tuesday.

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.

Israel and the U.S. on Feb. 28 launched airstrikes against Iran.

One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.

Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the Strait of Hormuz, a strategic waterway that connects the Persian Gulf and the Gulf of Oman through which roughly 20 percent of the world’s crude oil passes.

Trump less than 90 minutes before his deadline announced a two-week ceasefire with Iran that Pakistan helped broker.

“We the undersigned human rights, humanitarian, civil liberties, faith-based and environmental organizations, think tanks and experts are deeply alarmed by President Trump’s threat regarding Iran that ‘a whole civilization will die tonight’ if his demands are not met. Such language describes a grave atrocity if carried out,” reads the statement that the Council for Global Equality more than 200 other organizations and human rights experts signed. “A threat to wipe out ‘a whole civilization’ may amount to a threat of genocide. Genocide is a crime defined by the Genocide Convention and by the Rome Statute of the International Criminal Court as committing one or more of several acts ‘with intent to destroy in whole or in part a national, racial or religious groups as such.'”

The statement states “the law is clear that civilians must not be targeted, and they must also be protected from indiscriminate or disproportionate attacks.”

“Strikes on civilian infrastructure — such as the recent attack on a bridge and the attacks President Trump is repeatedly threatening to carry out to destroy power plants — have devastating consequences for the civilian population and environment,” it reads.

“We urge all parties to respect international law,” adds the statement. “Those responsible for atrocities, including crimes against humanity and war crimes, can and must be held accountable.”

The Alliance for Diplomacy and Justice, Amnesty International USA, Human Rights Watch, the American Civil Liberties Union, the NAACP, MADRE, and the Robert and Ethel Kennedy Human Rights Center are among the other groups that signed the letter.

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National

Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

Glisten’s 30th annual Day of Silence will take place on April 10.

The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth. 

It takes place annually and has multiple ways for supporters to get involved in the movement. 

Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence. 

There are three main ways for the community to get involved in the Day of Silence. 

Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…” 

Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link. 

Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence. 

Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence. 

“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”

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