Wednesday, September 18, 2013

We Are Winning?

Even though the Employment Non-Discrimination Act cannot gain traction in Congress we are making headway through the courts and agencies rulings. In Connecticut long before the gender inclusive anti-discrimination law was passed we had an administrated ruling from the Commission on Human Rights and Opportunities (CHRO) that protected us from discrimination. Now on the federal level we are see that again in the recent U.S. Department of Justice and the U.S. Department of Education agreement with the California's Arcadia School District based on Title IX of the Education Amendments of 1972 and Title IV of the Civil Rights Act of 1964. And with the Equal Employment Opportunity Commission (EEOC) ruling on April 20, 2012, that an employer who discriminates against an employee or applicant on the basis of the person’s gender identity is violating the prohibition on sex discrimination contained in Title VII of the Civil Rights Act of 1964.

Now we are seeing the results of the EEOC ruling,
Transgender Community Steps Closer to Employment Equality

A South Dakota woman’s settlement is the latest in a string of cases that say transgender discrimination is applicable under Title VII of the Civil Rights Act
Time
By Maya Rhodan
Sept. 16, 2013

A transgender woman has reached a $50,000 settlement with her former employer in a discrimination case in South Dakota, the Equal Employment Opportunity Commission (EEOC) announced Monday,  accelerating a trend toward equal opportunity for transgender workers.

Cori McCreery, 29, was fired in 2010 after telling her employer at Don’s Valley Market in Rapid City, S.D. that she would be transitioning on the job. Lambda Legal, a legal organization for lesbian, gay, and transgender people as well as those living with HIV, filed a complaint on McCreery’s behalf in 2012 in partnership with the EEOC, saying her employer violated Title VII of the Civil Rights Act of 1964.
[…]
“This comprehensive settlement makes a strong statement about the EEOC’s commitment that discrimination against transgender workers will not be tolerated,” said Dru Levasseur, Transgender Rights Project Director for Lambda Legal said in a statement. “The days of firing people on the basis of their gender identity or gender expression have passed. “
Now we need to make sure that we are covered by employer’s insurance coverage we should be covered for all medically necessary expenses, including Gender Confirming Surgery.

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