Feds v. State

Federal non-discriminations for us is non-existing and the Constitution does require everyone to be treated equally and is a stretch. Our only federal protection are Title VII and Title IX the courts have said that “sex” protects protects us because on the Supreme Court ruling of Price Waterhouse v. Hopkins but now the Republicans have said they will pass a new law that strips the protection from Price Waterhouse v. Hopkins ruling.

While many states have protection for us, the total is 19 states but many of the states have anti-trans laws.

Federal vs. State Courts: Gender Protections, Discrimination in the Workplace

The National Law Review

by: Cody D. Woods

January 6, 2025

Despite the protection that Bostock v. Clayton County provides transgender employees, many may not feel protected. Why, you might ask? Since Bostock was decided by the U.S. Supreme Court in 2020, many states have enacted laws that limit, or ban outright, gender-affirming care. Similarly, some states have enacted bathroom access laws that regulate bathroom usage. Further, UCLA School of Law's Williams Institute issued a report in November 2024 that indicates almost 82 percent of transgender employees have experienced discrimination in the workplace.

[…]

Despite state laws on gender-affirming care and bathroom access, federal law likely mandates that employers implement policies protecting Titles VII and ADA rights of transgender employees and employees suffering from gender dysphoria. Based on the mandate, employers should ensure their policies are up to date, that they conduct thorough workplace investigations when discrimination claims are made, and that they implement their policies uniformly for all employees.

And now the Republicans want to strip Titles VII and IX of the definition of “sex” that protects us but it can also strip protection from millions of other people, Truthout reported…

First reported by independent transgender journalist Mady Castigan, the provision specifies that Title IX compliance in athletics would be determined by “biological sex.” Notably, the bill does not define “biological sex.” Previous Republican proposals have defined the term in ways that exclude not only transgender individuals but also intersex people. It remains unclear whether this bill would extend its redefinition of sex beyond athletics to encompass all aspects of Title IX. If so, the implications could be sweeping, potentially affecting transgender people’s access to bathrooms, locker rooms, and protections in discrimination cases nationwide.

But the thing is by narrowing the definition of “sex” it could also affect others beside us.

You see the Price Waterhouse v. Hopkins ruling said that a woman who was applying for a job was told if she dressed a little more feminine like wearing a dress, heels, and wearing makeup she could get the job. Well the court found that was covered under “sex” discrimination but now if the Republicans ge their way that protection will be stripped from the law.

The Republicans are blinded by their hatred of us in that they don’t see the big picture of the side effects of the law.