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HISTORIC: EEOC ruling protects trans workers from discrimination

Agency interprets Title VII to protect workers against gender identity discrimination

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In a historic ruling, the U.S. Equal Employment Opportunity Commission has determined that job bias against employees on the basis of gender identity amounts to sex discrimination under existing law.

The determination came about as part of the resolution of a case filed by the Transgender Law Center on behalf ofĀ Mia Macy, a transgender woman who allegedly was denied a job as a ballistics technician at the federal Bureau of Alcohol, Tobacco, Firearms and Explosives’s laboratory inĀ Walnut Creek, Calif., after she announced she was transitioning from male to female.Ā The decision, made unanimously by the commission on a 5-0 vote,Ā was made public Monday evening.

“[W]e conclude that intentional discrimination against a transgender individual because the person is transgender is, by definition, discrimination ‘based on … sex,’ and such discrimination therefore violates Title VII,” the decision states.

EEOC is the federal agency that interprets and enforces federal non-discrimination laws. Its decision on transgender workers applies to both public and private employers throughout the United States, including in the 34 states where non-discrimination laws based on gender identity don’t exist.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. Various courts have determined that transgender workers are protected against discrimination on the basis of this statute, but the decision on Monday marks the first time the EEOC has decided the law protects transgender workers.

Masen Davis, executive director of theĀ Transgender Law Center, said the significance of the decision is “hard to overstate.”

“TransgenderĀ people already face tremendous rates of discrimination andĀ unemployment,” Davis said. “The decisionĀ today ensures that every transgender person in the United States willĀ have legal recourse to employment discrimination, and with it a way toĀ safeguard their access to vital employment benefits such as healthĀ insurance and retirement savings plans.”

EEOC made the decision after the Obama administration was criticized by many in the LGBT communityĀ for deciding at this time against issuing an executive order requiring federal contractors to have non-discrimination policies based on sexual orientation and gender identity. The EEOC decision could provide a path to provide transgender workers seeking a remedy against discrimination in lieu of the executive order.

While still presenting as male, Macy, a veteran and former police detective, was told in January 2011 she would receive a position she wanted at the Walnut Creek crime laboratory. As evidence of her impeding hire, Aspen of DC, the contractor responsible for filling the position, contacted her to begin the necessary paperwork and said an investigator was performing a background check.

But after informing the contractor in March 2011 that she would transition from male to female, Macy received an email from the contractor stating that the position, due to federal budget constraints, had been cut. Later, she was told someone else was awarded the position.

Believing she had faced job discrimination, Macy on June 13 filed a formal complaint with the EO for the agency, noting “gender identity” and “sex stereotyping” as the basis of her complaint. After some back-and-forth between Macy and the agency over whether she could seek relief under Title VII, Macy appealed the case in December to EEOC, which determined the law offers her protection as well as protection to other transgender workers.

In a statement, Macy thanked the Transgender Law Center for its support and said she was “proud” to be part of the groundbreaking decision.

“Although the discrimination I experiencedĀ was painful both personally and financially, and led to the loss of myĀ familyā€™s home to foreclosure, Iā€™m proud to be a part of thisĀ groundbreaking decision confirming that our nationā€™s employmentĀ discrimination laws protect all Americans, including transgenderĀ people,” Macy said. “Iā€™m grateful for the help of Transgender Law Center, whichĀ believed in me from the start and helped guide me through thisĀ process. No one should be denied a job just for being who they are.ā€

Still, the case isn’t yet over for Macy. The case has been remanded to ATF for further processing in light of the decision. If Macy requests a final decision without a hearing, the agency must render a decision within 60 days of receipt of her request.

EEOC draws on previous decisions that courts have made on whether Title VII provides protections to workers who face discrimination on the basis of gender identity.

Among them is the 11th Circuit Court of Appeals’ ruling in Glenn v. Brumby, in which plaintiff Vandy Beth Glenn, a transgender woman who was fired from her position as proofreader from the Georgia General Assembly in 2007 filed a lawsuit after she announced she would transition from male to female. The court ruled that an individual “cannot be punished because of his or her perceived gender-nonconformity” and these protections must be afforded to transgender people.

Mara Keisling, executive director of the National Center for Transgender Equality, called the decision a “major victory” and said it would further the case of the Employment Non-Discrimination Act, legislation that would bar companies from discrimination against LGBT employees, and the sought-after executive order for federal contractors.

“As many as 90 percent of trans people still face tremendous discrimination in employment according to our National Discrimination Survey, and it will help so much that the EEOC agrees with what more and more courts have been saying ā€” discriminating against trans people because of their sex, or their perceived sex, or what an employer thinks about their sex is clearly sex discrimination, illegal and wrong,” Keisling said.

Tico Almeida, president of Freedom to Work, said the decision expands upon Executive Order 11246, the existing directive prohibiting federal contractors from discriminating on the basis of gender.

ā€œWe call on Labor Secretary Hilda Solis and her staff to issue new guidance for federal contractors to inform them that they cannot discriminate against transgender Americans while profiting from taxpayer-funded contracts,” Almeida said.

However, Almeida said Solis won’t have the authority to expand these protections to gay and lesbian Americans working for federal contractors until Obama “corrects the mistake announced by White House staff a few weeks ago” andĀ issues an executive order for all LGBT workers at these companies.

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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State Department

State Department hosts meeting on LGBTQ rights and foreign policy

Event took place before Pride Month reception

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Secretary of State Antony Blinken speaks at the State Department Pride Month event on June 27, 2024. (Screen capture via Forbes Breaking News YouTube)

Secretary of State Antony Blinken on Thursday hosted a group of LGBTQ activists and politicians from around the world at the State Department.

The event ā€” described as a “Convening on U.S. Foreign Policy: National Security, Inclusive Development, and the Human Rights of LGBTQI+ Persons” ā€” took place before the State Department’s annual Pride Month reception. Participants included:

ā€¢ Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights

ā€¢ U.S. Ambassador to the U.N. Linda Thomas-Greenfield

ā€¢ U.S. Trade Representative Katherine Tai

ā€¢ U.S. Ambassador to India Eric Garcetti

ā€¢ Suzanne Goldberg, senior advisor to the Under Secretary of State for Civil Security, Democracy, and Human Rights

ā€¢ Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

ā€¢ U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

ā€¢ USAID Counselor Clinton D. White

ā€¢ National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

ā€¢ Assistant U.S. Secretary of Health Adm. Rachel Levine

ā€¢ National Security Council Human Rights Director Jess Huber

ā€¢ U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

ā€¢ Icelandic Ambassador to the U.S. BergdĆ­s EllertsdĆ³ttir

ā€¢ Council for Global Equality Co-Executive Director Mark Bromley

ā€¢ Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

ā€¢ Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

ā€¢ Pau GonzĆ”lez, co-chair of Hombres Trans PanamĆ” and PFLAG-PanamĆ”

“Forty-five years ago, thousands gathered in D.C. in what became the first national march for LGBTQI+, demanding their voices be heard,” said Thomas-Greenfield in a post to her X account that showed her speaking at the event. “We must continue to carry forward the spirit of these pioneers and fight for equal rights and dignity for all.”

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them ā€” here and everywhere.”

Blinken noted consensual same-sex sexual relations remain criminalized in 64 countries, with the death penalty in 11 of them.

He specifically highlighted Uganda’s Anti-Homosexuality Act and Hungarian Prime Minister Viktor OrbĆ”n’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons ā€” vilifying them with degrading labels, denying them equal rights, normalizing violence against them.” (Gay U.S. Ambassador to Hungary David Pressman this month marched in the annual Budapest Pride parade.)

Blinken noted Iraqi MPs earlier this year “passed legislation that punishes same-sex relations with up to 15 years in prison.” He also pointed out that Indonesian lawmakers approved a new criminal code banning extramarital sex.

“In a nation where same-sex couples cannot marry, these laws effectively make all same-sex conduct illegal and they undermine privacy for all Indonesians,” said Blinken.

“Weā€™re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries ā€” Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands ā€” have decriminalized consensual same-sex sexual relations over the last two years. He also highlighted Greece, Liechtenstein, and Thailand this year extended marriage rights to same-sex couples, and other countries are banning so-called “conversion therapy.”

“These achievements are possible because of incredibly courageous human rights defenders and government partners on the ground, but I believe Americaā€™s support is indispensable,” said Blinken. “When we engage ā€” sometimes publicly, sometimes privately, sometimes both ā€” when we share our own knowledge and experience, we can and we do achieve change.”

Blinken also announced the U.S. now considers sexual orientation and gender identity are part of the International Covenant on Civil and Political Rights that took effect in 1976.

“This is one of the key treaties committing nations to upholding universal rights,” he said. 

“In our regular reporting to the council on human rights, we will continue to include incidents of discrimination or abuse committed against LGBTQI+ persons, now with the clear framework of this well-supported interpretation,” added Blinken.Ā “That will further empower our efforts.”

Blinken reiterated this point and the Biden-Harris administration’s commitment to the promotion of LGBTQ and intersex rights abroad when he spoke at the State Department’s Pride Month event.

“Defending, promoting LGBTQI+ rights globally is the right thing to do, but beyond that, itā€™s the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know ā€” but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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