Strange Bed Fellows

Sometimes we find allies in strange places or not so strange, this time it is the American Bar Association.

I read an employment blog regularly and many times I find some interesting articles relating to us, this time it is about resolutions coming up before the Vancouver Midyear Meeting of the ABA.

These resolutions will be a slap in the current federal administration…

AMERICAN BAR ASSOCIATION

SECTION OF CIVIL RIGHTS AND SOCIAL JUSTICE

COMMISSION ON SEXUAL ORIENTATION AND GENDER IDENTITY

REPORT TO THE HOUSE OF DELEGATES

RESOLUTION

RESOLVED, That the American Bar Association supports an interpretation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), that its prohibition on sex discrimination in employment by covered employers includes discrimination on the bases of sexual orientation and gender identity; and

FURTHER RESOLVED, That the American Bar Association urges the Attorney General of the United States to withdraw the interpretation proposed by the U.S. Department of Justice in October 2017 that Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e16(a), does not protect transgender citizens against workplace discrimination.

Wow! You got that? The resolution says that we are covered under Title VII and not only us but also lesbians and gays!

REPORT

The American Bar Association (“ABA”) adopts this Resolution to support an interpretation of federal employment law prohibiting employment discrimination on the basis of sex to include discrimination on the basis of sexual orientation and gender identity. This report addresses the legal authority supporting this interpretation and the importance of interpreting “sex” discrimination broadly to include all aspects of such discrimination, including discrimination based on sexual orientation and gender identity.

The report goes on for several more paragraphs to list their reasoning in the resolution.

But this is not alone; there is also this resolution,

AMERICAN BAR ASSOCIATION

COMMISSION ON SEXUAL ORIENTATION AND GENDER IDENTITY

TORT TRIAL AND INSURANCE PRACTICE SECTION

REPORT TO THE HOUSE OF DELEGATES

RESOLUTION

RESOLVED, That the American Bar Association urges federal, state, local, territorial, and tribal courts to recognize that service in the United States Armed Forces should not be restricted and individuals should not be discriminated against on the basis of sexual orientation or gender identity; and

FURTHER RESOLVED, That the American Bar Association urges federal courts to hold that the policies and directives encompassed in President Donald J. Trump’s Memorandum for the Secretary of Defense and the Secretary of Homeland Security, dated August 25, 2017, and entitled “Armed Forces Service by Transgender Individuals,” violate the Equal Protection and Due Process clauses of the Fifth Amendment of the United States Constitution.

REPORT

Introduction
The American Bar Association (“ABA”) adopts this Resolution urging federal, state, local, territorial and tribal courts to recognize that service in the United States Armed Forces should not be restricted and that members should not be discriminated against on the basis of sexual orientation or gender identity. This report addresses the legal authority and extensive research supporting this Resolution.
[…]
This accompanying report will address three key arguments as follows:

I. Transgender individuals openly serving in the Armed Forces will have an insignificant impact on military readiness.

a. Transgender individuals openly serving in the Armed Forces will have only a marginal impact on an ability to deploy.
b. Unit cohesion will not be affected by allowing transgender individuals to serve openly in the Armed Forces.

II. Costs associated with extending health coverage for transgender individuals is negligible.
III. The transgender service ban violates the constitutional guarantees of Equal Protection Clause and Due Process Clause.

a. The transgender service member ban violates the Equal Protection Clause of the Fifth Amendment to the United States Constitution.
b. The transgender service member ban violates the Due Process Clause of the Fifth Amendment to the United States Constitution.

But the good news isn’t finished there is another resolution (according to a note, this resolution was received after the deadline and will be taken up if time allows),

AMERICAN BAR ASSOCIATION

AIDS COORDINATING COMMITTEE

SECTION OF CIVIL RIGHTS AND SOCIAL JUSTICE

CRIMINAL JUSTICE SECTION

CENTER FOR HUMAN RIGHTS

COMMISSION ON DISABILITY RIGHTS

RESOLUTION

RESOLVED, That the American Bar Association urges governments and relevant private stakeholders to both recognize and work to reduce, through appropriate legal and policy means, the social determinants of health that drive the HIV/AIDS epidemic, such as poverty, stigma, discrimination, and racism; housing, food, and transportation insecurity; over-criminalization of HIV non-disclosure; and misinformation about HIV transmission risk;

FURTHER RESOLVED, That the American Bar Association urges governments and relevant private stakeholders to ensure health care equity to marginalized populations disproportionately impacted by HIV, including those who are economically disadvantaged; underserved racial and ethnic minorities; LGBT persons; people with disabilities; and residents of underserved geographic regions;

FURTHER RESOLVED, That the American Bar Association urges governments and relevant private stakeholders to provide and maintain updated, evidence-based information pertaining to HIV transmission risks, prevention options, and health care resources available to individuals living with, affected by, or at risk of HIV;

FURTHER RESOLVED, That the American Bar Association urges governments and relevant private stakeholders to ensure comprehensive health care and HIV education and prevention services;

FURTHER RESOLVED, That the American Bar Association urges governments not to criminalize HIV status or HIV non-disclosure, except in the narrow circumstances where there exist (1) a clear specific intent to harm, (2) a substantial risk of transmission, and where (3) transmission occurs;

FURTHER RESOLVED, That the American Bar Association urges governments and relevant private stakeholders to ensure affordable, reliable, and safe housing to people with HIV or AIDS, and to combat housing discrimination based on HIV or source of income;

FURTHER RESOLVED, That the American Bar Association urges governments and relevant private stakeholders to ensure affordable legal services to people with HIV or AIDS; and

FURTHER RESOLVED, That the American Bar Association urges governments and relevant private stakeholders to ensure that no stigma based on sexual orientation, gender identity and expression is created by administrative guidance provided in the promulgation or implementation of laws and regulations regarding HIV and AIDS.

These are all excellent resolutions!

There are two other resolutions about adopting the UN Convention on the Rights of the Child  and an other about sexual harassment.

I doubt very much that it will change the current administration because they are bent for hell or high water to forge ahead with their agenda and be damn what anyone else thinks.