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Trans victims of workplace bias find relief in historic decisions

First time EEOC has investigated and ruled for a trans employee

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Mia Macy, gay news, Washington Blade
Mia Macy, gay news, Washington Blade

The Justice Department has awarded Mia Macy relief on the basis that she was discriminated against by ATF because she’s transgender. (Screen capture from a Center for American Progress video).

Transgender victims of workplace discrimination are for the first time finding restitution in a pair of decisions handed down from the federal government finding anti-trans job bias at two institutions — one a federal contractor, the other an arm of the U.S. government.

The two decisions — first reported by Buzzfeed — are the result of the U.S. Equal Employment Opportunity Commission, which is charged with enforcing laws against workplace discrimination, finding last year in a historic, unanimous decision transgender workplace discrimination amounts to gender discrimination under Title VII of the Civil Rights Act.

One of the decisions is the culmination of litigation in that very case, known as Macy v. Holder, was initiated by the Transgender Law Center after the plaintiff was told she wouldn’t receive a job at the Bureau of Alcohol, Tobacco, Firearms & Explosives’s crime laboratory in Walnut Creek, Calif., after she announced she would transition from male to female.

On July 8, the Department of Justice — to which the case was remanded after the EEOC made its decision last year — issued a final decision finding Macy indeed faced discrimination when she applied for the position and awarding her relief.

“[T]his office finds that the ATF discriminated against complainant based on her transgender status, and thus her sex, when it stopped complainant’s further participation in the hiring process for the NIBIN Ballistics Forensics Technician Laboratory position,” the decision states.

After applying for the job, Macy was told in January 2011 that she would receive a position at the laboratory. But after she disclosed in March 2011 she would transition from male to female, the contractor informed Macy the position was cut. Later, she was told someone else was awarded the job.

The 51-page decision — which was signed by Complaint Adjudication Officer Mark Gross and Complaint Adjudication Office Attorney Carl Taylor — lays out several terms for relief in the Macy case.

First, the Justice Department says ATF within 60 days of the decision must offer Macy that job she was seeking at the Walnut Creek factory and award her back pay and benefits — with interest — for the period between April 2011 to January 2012.

Additionally, the Justice Department says ATF must take corrective action to ensure future discrimination never occurs again; award Macy compensatory damages for any injuries she may have received; refund Macy her attorney’s fees; and post a notice within 30 days consistent with employment law.

In the other case, another transgender victim of workplace discrimination this week reached a settlement in a case filed against a Maryland federal contractor, according to the LGBT groups Freedom to Work and Lambda Legal, which represented the plaintiff in the case.

Little information is public about this case because the groups agreed as part of the settlement to withhold the amount won in damages, the name of the plaintiff and the name of the federal contractor.

However, the groups did disclose the nature of the discrimination the victim suffered, which included physical and verbal harassment over a two-year period and name-calling such as being called “tranny,” “drag queen” and “faggot.”  According to the groups, the case moved forward after the EEOC reviewed the case and, in September 2012, issued a letter finding there was reasonable cause to believe the contractor engaged in transgender discrimination.

Tico Almeida, president of Freedom to Work, applauded EEOC for conducting a thorough examination that led to the victory for the alleged victim of transgender workplace discrimination.

“Coming just a few months after the EEOC issued its historic decision that transgender people are protected by Title VII of the Civil Rights Act, the EEOC’s reasonable cause determination in this case is, to our knowledge, the first time in history that the EEOC has investigated allegations of anti-transgender harassment and ruled for the transgender employee,” Almeida said. “This case shows that the EEOC takes very seriously its role in protecting LGBT Americans’ freedom to work.”

Since the Employment Non-Discrimination Act isn’t law and Maryland has no statewide protections against anti-transgender discrimination, Title VII was the only way for the plaintiff in the case to seek legal restitution in response to the discrimination she faced. If President Obama signed an executive order prohibiting anti-LGBT workplace among federal contractors, that could have provided another source of relief, but the White House continues to withhold that directive.

Greg Nevins, supervising senior staff attorney in Lambda Legal’s Southern Regional Office in Atlanta, said the case demonstrates more action is needed at the federal level to protect workers from anti-LGBT discrimination.

“We need action by the 113th Congress to pass the Employment Nondiscrimination Act, and even more immediately, President Obama should sign the executive order banning LGBT discrimination by companies that profit from federal contracts,” Nevins said. “That executive order should have broad support across the political spectrum, since federal dollars should neither fund discrimination nor go to employers whose personnel and productivity suffer because discrimination and harassment are tolerated.”

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Politics

HRC slams White House over position opposing gender affirming surgeries for minors

‘Biden administration is flat wrong on this’

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Human Rights Campaign President Kelley Robinson (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson issued a strong rebuke on Tuesday of the Biden-Harris administration’s position opposing gender affirming surgeries for minors.

The New York Times reported on June 28 that the White House, which broadly supports making medical interventions available for transgender youth, had expressed opposition to surgeries for patients under 18, having previously declined to take a specific position on the question.

“Health care decisions for young people belong between a patient, their family, and their health care provider. Trans youth are no exception,” Robinson responded. 

“The Biden administration is flat wrong on this. It’s wrong on the science and wrong on the substance. It’s also inconsistent with other steps the administration has taken to support transgender youth. The Biden administration, and every elected official, need to leave these decisions to families, doctors and patients—where they belong,” she added. “Although transgender young people make up an extremely small percentage of youth in this country, the care they receive is based on decades of clinical research and is backed by every major medical association in the U.S. representing over 1.3 million doctors.”

Robinson said the “administration has committed to fight any ban on healthcare for transgender youth and must continue this without hesitation—the entire community is watching.” 

“No parent should ever be put in the position where they and their doctor agree on one course of action, supported by the overwhelming majority of medical experts, but the government forbids it,” she added.

HRC is a prominent backer of Biden’s 2024 reelection campaign, having pledged $15 million to support efforts in six battleground states. The organization has a strong relationship with the White House, with the president and first lady headlining last year’s National Dinner.

A White House spokesperson declined to respond to Robinson’s statement.

Campaign for Southern Equality President Allison Scott also issued a statement.

“This is a cowardly statement from an administration that promised to support transgender people. It is a troubling concession to the right-wing assault on transgender Americans, falling for their false narratives about surgical care and betraying a commitment to equality and trust in the medical community,” said Scott.

“Let’s be very, very clear: Government has no business inserting itself into private medical decisions that should be exclusively between patients, their providers, and the patients’ parent or guardian,” Scott added.

“It is dangerous to begin endorsing categorical bans or limits on healthcare, and there is no justification for restricting transgender youth’s access to the very same care that many cisgender youth receive every year — that’s literally the definition of discrimination,” Scott concluded. “We demand the Biden administration retract this thoughtless statement and work to undo its damage.” 

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Members of Congress introduce resolution to condemn Uganda’s Anti-Homosexuality Act

U.S. Reps. Mark Takano (D-Calif.) and Joyce Beatty spearheaded condemnation

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U.S. Rep. Mark Takano (D-Calif.) (Washington Blade photo by Michael Key)

More than 20 members of Congress on Thursday introduced a resolution that condemns Uganda’s Anti-Homosexuality Act.

Gay California Congressman Mark Takano and U.S. Rep. Joyce Beatty (D-Ohio) spearheaded the resolution that U.S. Reps. Becca Balint (D-Vt.), Lloyd Doggett (D-Texas), Adriano Espaillat (D-N.Y.), Robert Garcia (D-Calif.), Sylvia Garcia (D-Texas), Josh Gottheimer (D-N.J.), Raúl Grijalva (D-Ariz.), Pramila Jayapal (D-Wash.), Hank Johnson (D-Ga.), Gwen Moore (D-Wis.), Seth Moulton (D-Mass.), Jerry Nadler (D-N.Y.), Eleanor Holmes Norton (D-D.C.), Mark Pocan (D-Wash.), Delia Ramirez (D-Ill), Linda Sánchez (D-Calif.), Jan Schakowsky (D-Ill.), Brad Sherman (D-Calif.), Rashida Tlaib (D-Mich.), Ritchie Torres (D-N.Y.), and Debbie Wasserman Schultz (D-Fla.) co-sponsored.

“The House of Representatives condemns the government of Uganda’s criminalization and draconian punishments regarding consensual same-sex sexual conduct and so-called ‘’promotion of homosexuality,’” reads the resolution.

The resolution, among other things, also calls upon the Ugandan government to repeal the law.

“It is difficult to overstate the gross inhumanity of Uganda’s Anti-Homosexuality Act,” said Takano in a press release.

President Yoweri Museveni in May 2023 signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

The Ugandan Constitutional Court in April refused to “nullify the Anti-Homosexuality Act in its totality.” A group of Ugandan LGBTQ activists appealed the ruling.

“Instead of focusing on rooting out corruption or ending extrajudicial killings, the Ugandan Parliament, president, and Constitutional Court have chosen to mark LGBTQ+ Ugandans as less than human,” said Takano. “Congress must not be silent in the face of such systematic, state-sponsored discrimination.”

“To all those LGBTQ+ people and your allies in Uganda — we see you,” added the California Democrat. “We and the Biden administration will not allow this terrible violation of basic dignity to go unchallenged.” 

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Politics

LGBTQ issues absent from Trump-Biden debate

Advocacy groups hoped candidates would address queer topics

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Former President Donald Trump and President Joe Biden debate on CNN on Jun 27, 2024. (Screen captures via CNN)

At their televised debate in Atlanta on June 27, President Joe Biden and former President Donald Trump traded barbs on issues from abortion and election integrity to immigration and foreign policy. The 81 and 78-year-old candidates even argued over who is a better golfer.

Absent from the discussion, however, were matters of LGBTQ rights that have animated national politics in this election cycle with the presumptive Republican nominee promising to weaponize the federal government against queer and trans Americans as the president pledges to build on his record of expanding their freedoms and protections.

CNN hosted Thursday’s debate, with the network’s anchors Dana Bash and Jake Tapper moderating. ABC News will run the second debate scheduled for September 10.

The president’s performance was widely criticized as halting and shaky, with White House reporter Peter Baker of The New York Times writing that Democratic Party leaders are calling for him to be replaced at the top of the ticket.

Also setting the tone early into the program was Trump’s repetition of the lie that Democrats are so “radical” on matters of abortion that they “will take the life of a child in the eighth month, the ninth month, and even after birth.”

Biden, meanwhile, laid the blame at his opponent’s feet for appointing three U.S. Supreme Court justices during his term in office who overturned Roe v. Wade’s 51-year-old constitutional protections for abortion.

He also referenced the fallout from that ruling and the extreme restrictions passed by conservative legislators in its wake, arguing that Trump would not veto a federal abortion ban if Republican majorities in Congress were to pass one.

Trump also repeated falsehoods about the 2020 presidential election.

“Will you pledge tonight that once all legal challenges have been exhausted, that you will accept the results of this election,” Bash asked him, “regardless of who wins, and you will say right now that political violence in any form is unacceptable?”

The Republican frontrunner first responded by denying he was responsible for his supporters’ violent ransacking of the U.S. Capitol Building on Jan. 6 2021.

After the CNN anchor pressed him twice to answer the first part of her question, Trump said, “if it’s a fair and legal and good election, absolutely” but “the fraud and everything else was ridiculous.”

“You appealed and appealed to courts all across the country,” Biden responded. “Not one single court in America said any of your claims had any merit, state or local, none. But you continue to provoke this lie about somehow, there’s all this misrepresentation, all this stealing — there is no evidence of that at all.”

The president continued, “And I tell you what, I doubt whether you’ll accept it, because you’re such a whiner.”

Advocacy groups hoped the debate would address LGBTQ issues

Leading up to the debate, advocacy groups urged the candidates to defend their records on and policy proposals concerning LGBTQ rights, with some arguing the discussion would advantage President Joe Biden’s campaign, as reported by The Hill’s Brooke Migdon.

As the community celebrated Pride this month, the Biden-Harris 2024 team made significant investments in paid media and the Out for Biden national organizing effort to court LGBTQ voters, who are expected to comprise a larger share of the electorate than ever before.

“This will be an enormous slight to our community if LGBTQ questions are not asked during this debate,” GLAAD President Sarah Kate Ellis said. “Our community is deeply affected by where these candidates stand.” 

“The safety and freedom of LGBTQ people depends on your engagement with the candidates and ability to inform voters about their records and proposals,” she said.

Annise Parker, the outgoing president and CEO of the LGBTQ+ Victory Fund, said “I certainly hope that the moderators bring up the LGBTQ community and LGBTQ issues, because there is a stark contrast between the two candidates.”

“I hope we see a substantive conversation on the records of these two men for the fight for a more equal society,” said Brandon Wolf, national press secretary at the Human Rights Campaign.

“A vast majority of people in this country support an America that treats people with dignity and respect; they support an America that prevents people from experiencing discrimination and harm simply because of who they are,” he said.

“That is where the American people largely are, and I hope we get an opportunity on that stage to see the contrast between these two candidates.” 

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