Monday, May 13, 2019

File Under…

No **** Sherlock. We know this but it is good for cisgender people to know it also.
Transgender People’s Rights Are in Peril
The majority-conservative Supreme Court is poised to review the application of Title VII to trans people in the workplace.
The Progressive
By Karen Dolan
May 8, 2019

The Sixth Circuit Court of Appeals affirmed that interpretation in a ruling last year. But Harris Funeral Homes is appealing to the Supreme Court — and its newly enlarged right-wing majority.

The Trump administration already endorsed discrimination against people including Stephens last fall, when the Justice Department told the Sixth Circuit Court that it doesn’t believe Title VII should protect transgender people.

Indeed, the Trump administration has been aggressively upending the rights of transgender people since its second month in office, when Education Secretary Betsy DeVos rescinded Obama-era guidance that protected transgender children in public schools.

This was a painful blow — at just 14, my own teenage daughter and other impacted students had helped craft that guidance just two years before. They told Secretary of Education Arne Duncan about being bullied, punched and denied use of the bathroom at school, which led the Obama administration to argue that gender expression was protected under Title IX.

Since then, the blows have kept coming.
There is some hope… if we win the Senate and the Presidency back.
While these legal battles percolate, some in Congress are working to make LGBTQ protections much more explicit in America’s civil rights laws. The Equality Act, now being considered by the House, would make clear that LGBTQ people, people of color, and people with disabilities have a range of legal protections equal to that of other Americans.

It would update the Civil Rights Act of 1964 to add public spaces, services, and federally funded programs to the list of areas covered by the law’s protections. And it would add gender identity and sexual orientation as protected characteristics in the Fair Housing Act, Jury Selection and Services Act, and the Equal Credit Opportunity Act.



Legal Protections for Transgender, Nonbinary and Gender-Nonconforming Employees: What You Need to Know
Business.com
By Skye Schooley
May 13, 2019

As society demands a more inclusive work culture, knowing how to properly treat your diverse employees is becoming a critical element to running a successful business. It is important for employers to be aware of the current human rights and equality regulations in place, as the social and political climate is ever-progressing.

Kryss Shane, a leading LGBT+ expert at ThisIsKryss.com, said failure to comply with equality regulations can be detrimental to a business's health.

"Employers whose behaviors lead them to be accused of discrimination against LGBT+ people often end up with a public relations nightmare," Shane told business.com. "Boycotts and lawsuits can result in a significant drop in business or even lead to the closing of a business."
[…]
Federal anti-discrimination laws
Under Title VII of the 1964 Civil Rights Act, employers are prohibited from discriminating based on race, color, religion, sex or national origin. However, the ambiguity of this law allows room for speculation and disagreement as to whether the same protections apply to people based on gender identity and sexual orientation.

Although there are no official federal anti-discrimination laws to protect transgender, nonbinary and gender-nonconforming employees, the Supreme Court is taking on three cases that could determine whether federal anti-discrimination laws (i.e., Title VII) should also apply to factors such as gender identity and sexual orientation in the workplace. These cases are said to be part of the court workload starting in October 2019.
The Supreme Court is hearing the case next fall, it where we will either stand or die.

I am optimistic; I think Chief Justice Roberts will vote in our favor, I think he is now realizing that the courts could really get this wrong and I think that is weighing on him.

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