[Blog/Commentary] [USA] Big Ruling for Transgender Rights
Stephanie Stevens
Wednesday, April 25, 2012
Big Ruling for Transgender Rights
This will be a big deal, a breakthrough for transgender Americans.
HuffPo (among others) has it:
In what has been hailed as a "landmark" move, the U.S. Equal
Employment Opportunity Commission ruled Monday that employers which
discriminates against an employee or potential employee based on their
gender identity is in violation of Title VII of the Civil Rights Act
of 1964, which prohibits discrimination based on sex. Transgender
Employees Now Protected By Anti-Discrimination Law After 'Landmark'
EEOC Ruling <http://www.huffingtonpost.com/2012/04/24/transgender-employees-anti-discrimination-law-eeoc-_n_1449282.html>
You can read the EEOC ruling HERE
<http://www.scribd.com/doc/90910497/EEOC-Ruling> .
The Transgender Law Center had filed the complaint on behalf of a
California woman who was denied employment by the US Bureau of
Alcohol, Tobacco, and Firearms (ATF). The TLC issued a statement that
said in part:
Ms. Macy, a veteran and former police detective, initially applied
for the position as male and was told that she virtually was
guaranteed the job. Ms. Macy was exceptionally qualified for the
position, having a military and law enforcement background and being
one of the few people in the country who had already been trained on
ATF’s ballistics computer system. After disclosing her gender
transition mid-way through the hiring process, Ms. Macy was told that
funding for that position had been suddenly cut. She later learned
that someone else had been hired for the job.
In response to the EEOC’s decision, Ms. Macy stated, “As a veteran
and a police officer, I’ve worked my whole career to uphold the values
of fairness and equality. Although the discrimination I experienced
was painful both personally and financially, and led to the loss of my
family’s home to foreclosure, I’m proud to be a part of this
groundbreaking decision confirming that our nation’s employment
discrimination laws protect all Americans, including transgender
people. I’m grateful for the help of Transgender Law Center, which
believed in me from the start and helped guide me through this
process. No one should be denied a job just for being who they are.”
The decision today follows a clear trend by federal courts in
recent years holding that transgender people are protected by Title
VII’s prohibition against sex discrimination. But it has even broader
implications than a court decision, because the EEOC is the agency
charged with interpreting and enforcing federal discrimination laws
throughout the nation. The EEOC’s decision will impact every employer,
public and private, throughout the nation. The decision is entitled to
significant deference by the courts, and will be binding on all
federal agencies.
Transgender Law Center’s Legal Director Ilona Turner explained,
“It’s incredibly significant that the Commission has finally put its
stamp of approval on the common-sense understanding that
discrimination against transgender people is a form of sex
discrimination. That’s true whether it’s understood as discrimination
because of the person’s gender identity, or because they have changed
their sex, or because they don’t conform to other people’s stereotypes
of how men and women ought to be.” Groundbreaking! Federal Agency
Rules Transgender Employees Protected by Sex Discrimination Law
<http://transgenderlawcenter.org/cms/blogs/552-24>
2.6 million Maryland residents are currently covered by some kind of
gender-identity nondiscrimination law, but our brave leaders in
Annapolis failed to bring a statewide bill up to a vote in this year's
legislative session, even though it had widespread support. I'm no
lawyer, but to me it appears that while this ruling applies to
employment specifically, the principle generalizes to other
situations.
posted by JimK at 8:20 AM
http://vigilance.teachthefacts.org/2012/04/big-ruling-for-transgender-rights.html