I often see online posts stating that in so many states no protection against LGBT employment discrimination exists. You can be fired because you are gay, the argument insists. While this latter statement is true, in a rare circumstance amidst the LGBT struggle for equality, the "T" part of the equation has gained some measure of protection ahead of the others.
In an excellent article published last spring in Metro Weekly, an online magazine, author Chris Geidner explains that the Equal Employment Opportunity Commission (EEOC), a federal administrative law body designed to hear employment discrimination complaints, has determined that an employer who discriminates on the basis of gender identity is violating the sex discrimination provisions of Title VII of the Civil Rights Act of 1964. "The EEOC decision (Macy v. ATF), issued without objection by the five-member, bipartisan commission, will apply to all EEOC enforcement and litigation activities at the commission and in its 53 field offices throughout the country. It also will be binding on all federal agencies and departments." (Chris Geidner, Published on April 23, 2012 http://www.metroweekly.com/news/?ak=7288).
Geidner goes on to quote lawyers at the Transgender Law Center who filed the case "that after today's ruling transgender people who feel they have faced employment discrimination can go into any of those 53 offices and the EEOC will consider their claims." According to Geidner, the director of the Transgender Law Center, Masen Davis, said: ''Given that transgender people do not have employment protections in the vast majority of states, this creates a whole new fabric of legal support for our community.''
Geidner also quotes National Center for Lesbian Rights legal director Shannon Minter. ''To have just a clear, definitive EEOC ruling that Title VII protects transgender people gives us so much more certainty and security and solid, reliable legal protection. For decades now, advocates and scholars both have been saying Title VII should be applied to protect transgender people. . . .
''And now, to have the EEOC confirm that, 'Yes ... Title VII should and does protect transgender people when they're discriminated against because they've changed their sex or intend to change their sex or because they're gender nonconforming. That is sex discrimination.' That is really an important capstone.''
So, for now the "T" people do have some measure of protection from employment discrimination. While everyone agrees that it is still important to obtain broad federal protection for the entire LGBT community through legislation such as the Employment Non-discrimination Act presently stalled in the Republican led congress, it is critical that we make accurate statements in the political and public opinion arenas so as not to obscure the path to getting there.
http://transmontanathebook.com/setting-the-t-employment-discriminat...
That would be (more) true if states didn't have 'right to work' legislation that defends them against charges of discrimination. If an employer wants to get rid of you, there are myriad ways of doing so without ever having to invoke the 'because of the way you are' thing. I think it offers false hope to tell people that just because the EEOC says it is so that employers everywhere will tremble in awe and stop discriminating. It just makes them more creative.
Comment by Keri Ellen Abrams on September 14, 2012 at 7:33pm I live in a "right to work" state. And I did loose my job because I transitioned. But they concocted other reasons to release me. Without the preverbial smoking gun evidence, I had no case for discrimination.
Comment by Melanie Cee on September 14, 2012 at 7:36pm Daralyn point is dead on target. Another issue, at least as it relates to my past, is the number of employees of employed at the time the discrimination took place. Although I filed 10 yrs ago my lawyer, along with the help of the NCLR,National Center for Lesbian Rights and Lambda Legal, used sex discrimination as a basis for my law suit. They made a substantial settlement offer after the second round of depositions. Between the the date of filing and the foot dragging of the opposing attorney I had slipped away, had my surgeries and all appropriate documents corrected. I am of course not at liberty to disclose the amount of my settlement but it was sufficient to pay for many GRS, BA surgeries even at today's prices. But the best was sitting across from the wife/husband and former business partner there was no smirk on their faces now. The wife, who 3wks prior to coming out had made the remark that I was one of the nicest people in the world because I was her go between with the guys in the shop who didn't really respect her.This was a business that had operated for 40 plus yrs when I was 1st employed by the father and founder. I was offered a partnership when we expanded the business and listed as a board member of the corporation. I was with them for 23yrs and manage a six bay shop that was always scheduled weeks in advance along with 3 tow trucks and a ramp truck. The business closed their door almost 3yrs to the date of my leaving. I departed Oct 27th, my birthday, the doors closed on the 25th of Oct. 3yrs later.
The best advice I was given by a client I came out to,also a trans woman, document,document,document even if there is an appearance of acceptance and never confuse tolerance with acceptance.
Comment by Brenda Kaitlin on September 16, 2012 at 11:03am
Comment by HELEN BRADY on September 16, 2012 at 12:35pm Yes, the EEOC was going to take my suit for being fired for transitioning in 2007 until the 3rd level supervisor quashed it, bet it was on his religious grounds, too.
Actually, S S - One of the reasons (not necessarily the main one) that 'T' is often left out of the equation is the amount of homophobia in the trans community. If only I had a dollar for every trans person (usually the women) who loudly and often proclaimed that 'they aren't gay'. It's all perception, and if cis-centric society sees us as part of the 'alt.lifestyle' community then we are pretty much relegated to it. And we don't make it easier on ourselves by drawing deep lines in the sand separating us FROM the gay community and then wondering why they keep ditching us.
The other thing that you didn't say is whether or not anywhere in Canada are 'right to work' laws which pretty much supercede any non-discrimination laws by allowing employers to fire 'at will'. And if there are such laws then the whole protections thing goes out the window anyway.
Simply put.........sometimes we are our own worst enemies, and sometimes all the laws in the world won't protect someone from their own best intentions.
Comment by Erin Detty on September 16, 2012 at 10:47pm I guess I'm lucky or something. So far I have been treated great by my employer, I just got a new boss and I was a little worried about what he was going to be like.
He went out of his way to come see me while I was working at one of the middle schools. He talked to me for all most an hour, just about things that are going on and made sure that I know I'm appreciated and well thought of, that made me feel so good.
I retired from GM in 08, I thought I was going to lose everything I had worked for. I've been working for the schools four years now, the same amount of time I have been transitioning. They don't make me do heavy work nor have I been put in that position, they have been wonderful to me.
So far, I feel very, very lucky, I just do what I'm asked to do and I get along with everyone, I fly low, I've had no complains made on me.
I work out of all Nine buildings I have met everyone in the district, I sub for the Maintenance department, I never know which building I'll be working in or what shift, I can't plan anything through the week but it is a good job.
I love working for and with these people. I just wanted to let everyone know how good these people are and I feel like crying while I tell you all this. I'm Lucky!
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