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U.S. agency to Congress: Pass law against LGBT workplace discrimination

U.S. Commission on Civil Rights details history of anti-LGBT discrimination

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ENDA, Employment Non-Discimination Act, GetEQUAL, U.S. Capitol, gay news, Washington Blade
GetEQUAL, Employment Non-Discrimination Act, ENDA, gay news, Washington Blade, LGBT workers

Employment Non-Discrimination protest in May, 2010. (Washington Blade file photo by Michael Key)

An independent, bipartisan U.S. agency is set to deliver to President Trump on Wednesday a report calling on Congress to “immediately enact a federal law” against anti-LGBT workplace discrimination, although lawmakers are unlikely to act any time soon given the current makeup of Congress and the long history of stalling on the issue.

The U.S. Commission on Civil Rights details in the 154-page report the history of discrimination against LGBT people and the lack of non-discrimination protections for LGBT people in federal law, citing a 2015 hearing the agency held on the issue.

“LGBT individuals often face lower wages, increased difficulty in finding jobs, promotion denials, and/or job terminations due to their sexual orientation or gender identity,” the report says. “Studies have found that anywhere from 21 to 47 percent of LGBT adults faced employment discrimination because they were gay or transgender.”

Twenty states and D.C., the report notes, have laws barring anti-LGBT employment discrimination and growing number of courts are interpreting the prohibition on sex discrimination under Title VII of the Civil Rights Act of 1964 to apply to LGBT people. The U.S. Seventh Circuit Court of Appeals, the report notes, this year became the first federal appeals court to determine sexual-discrimination in the workplace amounts to sex discrimination under current federal law.

But the report concludes these measures are insufficient in comparison to an explicit federal non-discrimination law barring anti-LGBT discrimination in the workforce.

“Some federal courts have concluded that the existing federal statutory protection against discrimination based on sex, under Title VII of the Civil Rights Act of 1964, includes within its protection discrimination based on sexual orientation and gender identity,” the report says. “Other federal courts have disagreed. These inconsistent interpretations result in different protections available to individuals based on their jurisdiction, and it is not clear when the Supreme Court will resolve the dispute.”

Efforts to enact LGBT non-discrimination protections in the federal law have stalled for decades. In years past, LGBT advocates have sought to pursue federal non-discrimination protections through passage of the Employment Non-Discrimination Act. But since 2014, the Equality Act, which would amend the Civil Rights Act of 1964 to ensure more comprehensive protections for LGBT people, has been the chosen vehicle.

The report has five recommendations: Congress should “immediately enact a federal law” barring anti-LGBT discrimination in the workforce; U.S. agencies should issue guidance and policies outlining protections for LGBT workers, specifically transgender people; Congress should appropriate funds necessary to enforce civil rights laws; the religious exemption in any LGBT non-discrimination law should be the same as exemptions in existing civil rights law; and federal agencies, such as the U.S. census, should collect data on anti-LGBT workplace discrimination.

The United States Commission on Civil Rights is comprised of eight individuals who serve six-year terms: Four appointed are by the President, and four by Congress. The current chair is Catherine Lhamon, who was appointed by Obama and served during his administration as assistant secretary for civil rights at the Education Department. No Trump appointees serve on the commission.

The conclusions in the report aren’t unanimous. One of the congressionally appointed commissioners, Gail Heriot, a law professor atĀ University of San Diego, disagrees with its conclusions. Another commissioners also appointed by Congress, Peter Kirsanow, a partner at Benesch, Friedlander, Coplan & Arnoff, argues LGBT issues aren’t within the commission’s jurisdiction.

The letter of transmittal indicates the report will be sent to Trump, Vice President Mike Pence, House Speaker Paul Ryan (R-Wis.) and Senate Majority Leader Mitch McConnell (R-Ky.).Ā The Washington Blade sent a request to comment on report to the White House as well as Ryan and McConnell’s office.

In 2000, Trump said in an interview with The Advocate he supports amending the Civil Rights Act of 1964 to include sexual orientation. But Trump has never addressed whether he still supports that idea during his presidential campaign or his presidency, nor whether he’d also support amending the law to include transgender people.

Meanwhile, Trump’s administration has been hostile to LGBT workplace rights. The U.S. Justice Department has argued Title VII of the Civil Rights Act doesn’t apply to gay workers and rescinded an Obama-era memo asserting the law prohibits anti-trans discrimination.

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National

TransTech Social removing barriers to trans success

ā€˜Technology was the key to my freedomā€™

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From left, TransTech members B Hawk Snipes, E.C. Pizarro III, Ang R Bennett, and Adrian Elim. (Photo by Lexi Webster Photography)

It is common knowledge that women earn 84% of the average worker. Less common knowledge? Trans women earn 60% of the average worker. Trans men and non-binary people come in at around 70%, while 16% of all trans people make less than $10,000 annually.Ā 

E.C. Pizarro was lucky, and he knew it. He had a BFA in graphic design and had taught himself how to code. As a stealth trans man in a corporate job, he had access to a stable wage and good benefits. ā€œPeople that do not have experiences in corporate America or with equitable employment don’t realize [these things] are privileges that a lot of people don’t have access to.ā€ 

He wanted to give back and was gearing up to bring more volunteer work into his life by participating in a fraternity for trans men. When he went to a TransTech event and learned about the educational and career resources for trans people who face barriers to entering the workforce, he knew he had found his place. 

At the event he met, Angelica Ross. Yes, that Angelica Ross, of ā€œPoseā€ and ā€œAmerican Horror Story.ā€

Before she was Candy, Ross was a self-taught coder. She went from posing for an adult website to doing its back-end coding to teaching her trans siblings how to succeed in tech.Ā 

ā€œTechnology was the key to my freedom,ā€ Ross said in an interview with The Plug. ā€œTechnology took me from being exploited on someoneā€™s website to building my own websites and to building websites for other people and getting paid to do so.ā€

Pizarro was impressed and wanted to help. ā€œI went up to Angelica and I was like ā€˜Hey, I’m a trans man. These are my skills. I’m down to volunteer and do any type of workā€”the one caveat is that I’m stealth. You can’t tell anybody that I’m trans.ā€™ā€

For four years, Pizarro helped from mostly behind the scenes, sometimes getting side-eyed since people thought he was a cis man in trans spaces. ā€œI was still stealth as the Director of Social Media and Communications for the National Trans Visibility March in 2019,ā€ Pizarro says, chuckling a little.

But by that point, Ross ā€” who headlined the 2019 march ā€” was overextended trying to balance being a world-famous actress, advocate, and businesswoman. 

She needed someone to step in as executive director of TransTech and looked to the group of dedicated volunteers. Pizarro was elected by his peers to take the reins of the organization. 

This was a turning point for Pizarro. ā€œI’m very passionate about tech and for me a small sacrifice of being open with my trans experience to liberate other trans people,ā€ he said. ā€œI felt like if that’s something I got to do, then I’m gonna do it.ā€

And he did it. The infrastructure Ross put together worked: with mentorship, education, community, and networking with trans-accepting employers, trans people were gaining financial security and independence. 

So, Pizarro focused on expanding TransTech as widely as possible. ā€œWe have grown exponentially over the last three years,ā€ he says. ā€œWhen I took over in 2021, we had about 800 members based in the United States. Now we support over 6,700 members across 50 countries.ā€

TransTech is filling a demonstrated need within specifically the trans community. New research from LGBT Tech found that 68% of transgender adults use the internet to find LGBTQ-friendly employment (compared to 38% of cisgender LGBTQ+ adults). More than 70% of all LGBTQ adults use the Internet to access educational content.

Accessibility is central to the TransTech programming. Despite the growth, everything remains free. ā€œThereā€™s no membership fee. All of our programming is free. All of the certifications and educational resources are free,ā€ Pizarro says. 

They know the financial burden the trans community faces ā€” 29% of trans adults live in poverty. ā€œIf weā€™re asking anyone to up-skill [for a cost] and these are the things they are going through, we are asking them to invest in their future versus their meal today.ā€Ā 

Pizarro believes that accessibility is more than just making the training free. He wants the community to understand that tech work is something they are innately capable of doing. 

ā€œTransTech was built on the foundation of nontraditional tech. It’s not always coding. It’s graphic design. It’s social media. It’s video editing. It’s anything that uses a piece of technology and nowadays almost everything uses a piece of technology,ā€ says Pizarro.

He emphasizes to participants: ā€œYou’re in tech and you don’t even know it,ā€ pointing out how many already utilize tech skills like marketing and monetization with their social media accounts.

Some people involved in the programming are nervous about entering the ā€œtech worldā€ because of headlines about tech layoffs. He makes sure to emphasize that unlike in some other jobs, tech companies often pay generous severance packages, which gives employees ā€œbreathing room.ā€ Pizzaro explains that ā€œonce you have experience with one tech company, you can go someplace else and make a substantial amount of money as well.ā€ 

While TransTech is designed for the gender-diverse community, the programming is open to everyone Pizarro explains. ā€œWe just ask that you don’t be transphobic.ā€ (Or any of the other -phobics too, he says, listing them off.) He also emphasizes that this allows trans members who are not out to comfortably participate. 

Pizarro wants everyone to understand that they donā€™t just belong in tech, but they make tech better. ā€œTech is most profitable when you have diverse people building the tech and using the tech,ā€ Pizarro says. ā€œThere is an intentional funding as well as support to diversity tech because they understand how that impacts the product.ā€

He also reminds participants that they have developed transferrable skills in every part of their lives. ā€œI like to tell people if you can manage your life as a trans person in the United States or anywhere you can manage a project.ā€

Angelica Ross was a self-taught coder before she hit it big with ā€˜Pose.ā€™ (Washington Blade file photo by Linus Berggren)
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District of Columbia

Fire by arson forced temporary shutdown of Glorious Health Club

Spa and art gallery catering to gay
men expects to reopen in August

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(Photo from Glorious Health Club's Facebook page)

In a little noticed development, D.C.ā€™s Glorious Health Club, which bills itself as a spa, art gallery, and community center catering to gay men, was forced to close on May 19 after one or more unidentified suspects ignited a fire inside the club that D.C. fire department officials have ruled an act of arson. 

Robert Siegel, the clubā€™s owner, told the Washington Blade that he and investigators with the D.C. Fire and Emergency Medical Services Department believe one or more yet unidentified suspects broke into the kitchen of the former warehouse building where the club is located at 2120 West Virginia Ave., N.E.  

According to Siegel, investigators with the fire departmentā€™s arson squad believe a flammable liquid was used to start the fire in the kitchen and in two other locations within the building.

ā€œThree separate fires were started,ā€ Siegel said. ā€œThey started one on a staircase and one on the upstairs storage area,ā€ he said in addition to the one in the kitchen. He said about 40 patrons were in the club at the time the fire started, and all were able to leave without injury. 

Siegel said the fire caused $500,000 worth of damage to his building, with some of the damage caused ā€” understandably he said ā€” by fire fighters who had to rip open doors and break through the roof to gain access to the flames that engulfed parts of the interior of the building. He said he arranged for repair work to begin after the fire was extinguished.

ā€œI expect weā€™ll be reopening in about a month from now,ā€ he said. ā€œAnd weā€™ll be a bigger and better place.ā€

Fortunately, Siegel said, most of the artwork and art exhibits located in the club were not damaged.

ā€œIt was basically the kitchen, patio, and the roof,ā€ he said, adding that much of the solar panels he had on the roof were destroyed by the fire or by firefighters seeking to gain access to the building. 

ā€œAnd the fire was so hot it did structural damage to the roof,ā€ he said. ā€œIt actually melted steel. Weā€™re talking about 50-foot steel beams that have to be replaced,ā€ he told the Blade. ā€œThatā€™s $100,000 right there.ā€Ā 

Vito Maggiolo, a spokesperson for the D.C. Fire and Emergency Medical Services Department, said the fire was ā€œruled incendiary/arsonā€ and isĀ ā€œunder active investigation.ā€Ā 

It could not immediately be determined if one or more people responsible for the fire targeted the Glorious Health Club because itā€™s a gay community establishment. 

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South America

Chilean capital Pride parade participants, activists attacked

Men wearing hoodies disrupted June 29 event in Santiago

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A group of hooded men attacked participants in the Chilean capital's annual Pride parade on June 29, 2024. (Photo courtesy of the Movement for Homosexual Integration and Liberation)

A group of hooded men on June 29 attacked LGBTQ activists and others who participated in the Chilean capital’s annual Pride parade.

Witnesses said the men punched and kicked activists and parade participants, threatened them with a skateboard, threw stones and paint at floats and damaged parade infrastructure. The men also broke a truck’s headlight.

The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ rights group known by the acronym Movilh, strongly condemned the acts of violence, calling them deliberate attempts to disrupt a peaceful and safe demonstration.

ā€œVandalism that seeks to transgress the peaceful trajectory of our demonstrations and that is only useful to the interests of the homo/transphobic sectors,” denounced Movilh.

The attack occurred when the hooded men tried to break through the security fence protecting the participants and the truck that was at the beginning of the parade.

“As we do every year, we fence the truck with our volunteers to prevent anyone from being run over or hurt by the wheels,” said Movilh. “The hooded men approached the fence to break it, hitting our volunteers and people outside of our organization with their feet and fists who, in an act of solidarity, tried to dissuade them.”

The motives behind this attack seem to be related to previous calls on social networks to boycott the event, although the organizers stressed that violent acts are alien to the parade’s inclusive and celebratory purpose.

Movilh spokesperson Javiera ZĆŗƱiga told the Washington Blade that “after the attack that we faced during the Pride March, we published in our social networks the few images that were available from that moment.” 

“What we are basically asking is that anyone who has seen something and can recognize any of the aggressors write to our email or (contact us) through our social networks so that we can file complaints and do whatever is necessary to find those responsible.”

ZĆŗƱiga stated that “not only was there aggression against people, but there was also damage to private property because they broke one of the truck’s headlights.”

“So for these two reasons we are looking for anyone who may have information to contact us,” she said.

The incident has generated widespread condemnation within the LGBTQ community and outside of it. They say it highlights the need to protect human rights and diversity and promote respect for them.

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