National
The next champion of LGBT workplace rights?
Shiu would enforce ENDA-like executive order for federal contractors
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.
Vermont
Vt. lawmaker equates transgender identity with bestiality
Vermont Democrats condemned comments, demanded apology
State Sen. Steven Heffernan (R-Addison) equated transgender people to bestiality on the Vermont Senate floor on May 15 while debating an animal cruelty bill.
Heffernan, who was elected in 2024 to the state Senate, constructed a scenario in which a trans person is indistinguishable from someone committing bestiality.
“In these crazy times, what happens if the individual identifies as an animal having intercourse with an animal? How is the courts going to handle that?” the former member of the Vermont Air National Guard said while debating House Bill 578. “Being that we voted through Prop Four, and if it does make it through this state, and I have a gender identity that I identify as a dog and had sex with my dog, is this law going to affect me?”
State Sen. Tanya Vyhovsky (D-Chittenden Central), who presented H. 578 responded professionally.
“The bill that we are putting forward in the current law is quite clear that any act between a person and an animal that involves contact with the mouth, sex organ, or anus of the person, and the mouth, sex organ, or anus of the animal, without a bona fide veterinary purpose, will be a crime.”
In the video, Heffernan continued to ask inappropriate questions — questions that Vyhovsky answered.
“If I identify as that animal, will this be able to … It says a person. I’m not a person. I’m identifying as this animal I’m having intercourse with,” he said. “We are identifying genders, of whatever gender we decide we want to be, and I think I like this bill. I’m going to vote for this bill, but I want to make this chamber aware of what’s coming.”
Vyhovsky made a statement saying this was a planned move in an attempt to “other” trans Vermonters instead of protecting them.
“Senator Heffernan knew exactly what he was doing,” said Vyhovsky. “Sen. Heffernan is using the same dehumanizing playbook that has been used against LGBTQ+ people for generations — the false, ugly suggestion that queer and trans identity is synonymous with deviance and harm. It was wrong then and it is wrong now.”
This derogatory action at the expense of trans people appears to be part of a pattern of behavior from Heffernan in his official capacity.
In March, Heffernan left the floor right before lawmakers voted on Proposal 4, conveniently missing the bill vote. PR 4, if passed by the state’s voters in the fall, would amend the state constitution to enshrine protections against unjust treatment, including discrimination based on a “person’s race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin.”
Heffernan told VTDigger at the time that he left because his stomach was feeling “agitated” and he needed to use the restroom. He said he had not made up his mind on how to vote on the amendment, largely because he’d heard from constituents urging him both to vote for and against it.
“My pizza hit at the right time, I guess,” he said, calling the timing “convenient.”
Despite his leaving — and being the only lawmaker to do so — the state Senate voted to pass it 29-0, with Heffernan marked “absent.” This came after the state House of Representatives voted to pass it 128-14 last week.
Vermont Senate Democrats condemned the statement and used the opportunity to emphasize the need for the state to pass PR 4 on Nov. 4.
“In the wake of Sen. Heffernan’s comments, the stakes of this election couldn’t be more clear,” the statement provided to the Washington Blade read. “Transgender and nonbinary Vermonters are our neighbors, our friends, and our family members. On Friday, Sen. Heffernan used his platform as an elected official representing the people of Vermont to dehumanize them. Senate Democrats will never stop fighting for dignity for all Vermonters. We demand Senator Heffernan apologize to those he has harmed with his words and actions.”
State Sen. Kesha Ram Hinsdale (D-Chittenden Southeast), speaking in her capacity as chair of the Senate Ethics Panel, responded to similar transphobic comments made by President Donald Trump in a White House counterterrorism strategy document last week, in which he said those with “extreme transgender ideologies” should know “we will find you and we will kill you,” stating:
“A lot of people are living in fear in this country because of what somebody with the power of the pen and the power of the military is saying every day,” Hinsdale said. “Just because [speech] is protected does not mean it is worthy of this institution, and does not mean it is worthy of the office we hold and the power that we wield in the lives of Vermonters.”
The Blade reached out to Heffernan for comment but has not heard back.
Former U.S. Rep. Barney Frank (D-Mass.) died on Tuesday. He was 86.
The Massachusetts Democrat served in the U.S. House of Representatives from 1981-2013. Frank in 1987 became the first member of Congress to voluntarily come out as gay.
The Washington Blade earlier this month interviewed Frank after he entered hospice care at his Ogunquit, Maine, home where he lived with his husband, Jim Ready, since 2013. The former congressman, among other things, talked about his new book, “The Hard Path to Unity: Why We Must Reform the Left to Rescue Democracy.”
The book is scheduled for release on Sept. 15.
NBC Boston reported Frank’s sister, Ann Lewis, and a close family friend confirmed his death.
The Blade will update this article.
Federal Government
Texas Children’s Hospital reaches $10 million settlement with DOJ over gender-affirming care
Clinic specializing in detransition care will be established
The Justice Department announced May 15 that it has reached a settlement with Texas Children’s Hospital, one of the nation’s top pediatric hospitals.
Under the agreement, the hospital will pay more than $10 million in damages and civil penalties related to its provision of gender-affirming care and will establish a clinic specializing in detransition care.
The DOJ partnered with Texas Attorney General Ken Paxton’s office to resolve allegations that the hospital submitted false billings to public and private insurers to secure coverage for pediatric gender-affirming procedures. The department alleges the conduct violated the Federal Food, Drug, and Cosmetic Act, the False Claims Act, and federal fraud and conspiracy laws.
The settlement was reached out of court, meaning neither party formally admitted wrongdoing. Both the DOJ and Texas Children’s Hospital denied liability.
“The Justice Department will use every weapon at its disposal to end the destructive and discredited practice of so-called ‘gender-affirming care’ for children,” Acting Attorney General Todd Blanche said in a DOJ press release. “Today’s resolution protects vulnerable children, holds providers accountable, and ensures those harmed receive the care they need.”
The DOJ’s hardline stance on gender-affirming care sharply contrasts with the positions of major medical organizations, transgender healthcare advocates, and human rights groups, which broadly support gender-affirming care as an evidence-based treatment for gender dysphoria.
Adrian Shanker, former Deputy Assistant Secretary for Health Policy and Senior Advisor on LGBTQI+ Health Equity at the U.S. Department of Health and Human Services under during the Biden-Harris administration, told the Washington Blade the settlement could have sweeping consequences for trans youth and healthcare providers nationwide.
“The Trump administration’s framing of gender-affirming care is wildly inaccurate, scientifically implausible, and frankly, just mean-spirited,” Shanker told the Blade. “What’s really clear is that the science hasn’t changed, the evidence hasn’t changed — it’s only the politics that have changed. Unfortunately, the people that lose out the most with a settlement like this one are the patients that are denied access to care where they live.”
According to Shanker, the agreement also requires Texas Children’s Hospital to revoke privileges for physicians involved in providing gender-affirming care, potentially limiting their ability to practice elsewhere.
“This is a weaponized Department of Justice doing absurd investigations against providers that are providing care within the established standard of care,” he said. “They’ve come up with an absurd remedy in their settlement to require a so-called ‘detransition clinic’ to open at Texas Children’s. It’s harmful to science, it’s harmful to trans people, and it’s harmful to the medical profession.”
Shanker argued the case reflects a broader politicization of trans healthcare.
“Every American should be concerned about the weaponized Department of Justice and their obsession with trans people and their access to care,” he said. “These hospitals that provide gender-affirming care, the providers of gender-affirming care, have done nothing wrong. They followed the standards of care that are well established and followed the mountain of evidence.”
Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal, echoed those concerns.
“For Texas Children’s to capitulate to this pressure campaign of both Paxton and the Trump administration and end this care, and go after physicians who had been lawfully and faithfully taking care of their patients, it’s hard to see that as anything other than bending the knee in the face of political pressure,” Loewy told the Blade. “That’s not putting your mission above politics. Your mission is to provide health care for kids that need it.”
Loewy said the settlement reflects years of efforts by Paxton and the Trump-Vance administration to target gender-affirming care providers. Paxton has pursued investigations into providers across Texas since 2022 and supported a 2023 law banning gender-transition-related medical care for minors. Meanwhile, the Trump-Vance administration moved quickly in its second term to restrict trans healthcare access, including through Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.”
“This is a perfect storm of Ken Paxton’s own mission to stigmatize and target trans young people and their healthcare in Texas with the Trump administration’s targeting of trans people and gender-affirming medical care,” Loewy said. “It is the two of them together. Without that, you wouldn’t have had this settlement.”
Loewy also emphasized that the settlement is part of a broader legal strategy targeting providers nationwide.
“You can’t view this one in isolation from all of the other administrative subpoenas that have been sent to hospitals or other kinds of medical providers that have provided gender-affirming medical care to trans adolescents,” she said. “It is all part and parcel of the same direct line from the executive orders that were issued in the first days of this Trump administration.”
“Every court that has considered those subpoenas has found them illegitimate and issued for an improper purpose, or at least narrowed them really dramatically,” she added. “Courts agree these hospitals didn’t do anything wrong. It’s the DOJ that has the problem here.”
Shanker also criticized the settlement’s requirement that the hospital establish a detransition clinic, arguing the move contradicts existing medical evidence.
“The irony shouldn’t be lost on anyone that the Trump administration is claiming that gender-affirming care lacks a scientific basis, and then is requiring the opening of a so-called detransition clinic, which certainly lacks a scientific basis,” Shanker said. “There’s less than a 1% regret rate when it comes to gender-affirming care. That’s lower than knee surgery, lower than bariatric surgery, lower than childbirth, lower than breast reconstruction, and lower than tattoos.”
Loewy was similarly blunt in her criticism.
“This is the most craven, political, ridiculous elevation of ideology over evidence,” she said. “They are creating a program built on an outcome that almost never happens. It is unprecedented and politically mandated rather than healthcare mandated.”
She said the settlement’s broader effect will be to intimidate providers and further marginalize trans people.
“The real effect here is to further stigmatize trans people and intimidate healthcare providers,” she said. “This is about sending a message nationwide that the DOJ is coming after the doctors. These are committed, faithful, law-abiding physicians and healthcare providers who just want to provide the healthcare their patients actually need.”
Both Loewy and Shanker warned that restricting access to gender-affirming care could deepen health disparities for trans people.
“We know that when transgender Americans lack the care that they need, we end up with higher rates of depression, higher rates of anxiety, higher rates of self-harm and suicidal ideation,” Shanker said. “We know that gender-affirming care is a medically appropriate, scientifically grounded form of care that resolves these challenges and leads us toward health equity. It’s unfortunate that the Trump administration has politicized not only transgender medicine, but the very basis of public health.”
Shanker said the restrictions are already prompting some trans people to relocate in search of care.
“We’re already seeing medical refugees leave states that have restricted access to care to move to states where it’s still available,” he said. “Frankly, we’ve already seen some trans people go to other countries to receive care or maintain access to care.”
Loewy said the DOJ’s recent subpoenas targeting hospitals, including those issued to NYU Langone Health in New York, suggest the administration is escalating its legal strategy.
“We’ve seen the DOJ escalate this by convening a grand jury and issuing grand jury subpoenas to hospitals,” she said. “That is going to be the next front in this fight.”
In addition to , there has been as large increase in anti-trans legislation in the past few years — with 126 federal pieces of legislation introduced this year and 26 state level policies passed across the country.
Still, Loewy pointed to recent court victories as evidence that challenges to these policies can succeed.
“Just yesterday, a state court in Kansas struck down that state’s ban on gender-affirming medical care in one of the most meticulous recognitions of the medical consensus and the harm of denying care to trans young people,” she said. “When courts actually look at the science and the impacts on trans people, they still can rule the right way.”
Asked whether there is any optimism to be found amid the ongoing legal battles, Loewy said she continues to draw hope from advocates, families, and community organizers fighting back.
“The solidarity of the community is really what brings hope,” she said. “There are incredible lawyers, advocates, families, and organizations fighting every day to protect these kids and their privacy and safety. It is that community strength and collaborative effort that continues to give me hope.”
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