Alabama: Employer Asks Transgender Employee "What Are You?" Then Fires Her

Imagine after a challenging period of time trying to find employment, you think you've found a dream job.

Not only a good job, but the company that's hired you offers to pay to train you.

This was the case of Jessi Dye, a transgender woman living in Vinetown, Alabama.

On her first day at work at Summerford Nursing Home she arrived on time, filled out paperwork, received vaccinations (she would be training to become a certified nurse's assistant). But come lunch time, Dye was summoned to the office of Robert Summerford, the manager for the facility.

"What are you?" he asked.

At that moment, Dye says she felt "exactly like being punched in the stomach."

Dye explained that she was born male and transitioning to female.

From there, the situation got even worse with Summerford asking, “What am I supposed to do with you?”

And with that, Dye was fired on the spot.

Via the Huffington Post:

In March, Dye, with the support of lawyers from the Montgomery-based Southern Poverty Law Center, filed a charge of discrimination with the Equal Employment Opportunity Commission.

On Thursday, the Southern Poverty Law Center announced that Summerford had reached a settlement with Dye. Rather than face a possible fight over Dye’s accusation in federal court, the company agreed to implement a policy that prohibits discrimination against job applicants and employees on the basis of sexual orientation and gender identity, and to conduct sensitivity training concerning LGBT people. (The amount of money paid to Dye in the settlement has not been disclosed.)

Sam Wolfe, a lawyer with SPLC, sees Summerford’s quick capitulation and favorable settlement offer as a positive sign that the climate toward LGBT people in the workplace is shifting around the country, even in states like Alabama, which have no statewide laws prohibiting LGBT discrimination.

"I think the takeaway here is that we have a small company that is represented by competent lawyers and they saw the writing on the wall," Wolfe told The Huffington Post. “It’s an admission that employers do need to pay attention to their obligations under federal law to not discriminate because of someone’s gender identity or sexual orientation.”

This episode is not unique, and underscores why transgender folks (and gays and lesbians) need the Employment Non-Discrimination Act passed in Congress to protect against these kinds of cases.

For her part, Dye is glad the lawsuit at least brought attention to the very real issue of transgender protections. “I don’t want anybody else to have to go through what I went through that day,” she said.

Last Week Tonight with John Oliver: LGBT Discrimination

Seventy-one percent of Americans believe employment discrimination is illegal everywhere. Truth of the matter, though, is you can be fired in 31 states for being LGBT.

John Oliver breaks down The Equality Act.

New Poll: Huge Majority Of Americans Support Federal LGBT Protections

According to a new Greenberg Quinlan Rosner poll, a big majority of Americans - 69% - support a federal law that would make it illegal to discriminate against LGBT folks.

Predictably Democrats showed strong support for such legislation at 80%. But independent voters weren't far behind at 72%. Even Republicans eked out a majority of support at 51%.

LGBT advocacy groups have tried for years to get the Employment Non-Discrimination Act passed which would cover many of these protections. Unfortunately, it hasn't passed in both Congressional chambers in one session.

Perhaps with this kind of support out there, politicians may find more courage to do the right thing on the issue.

Read more from the survey here.

Last Ditch Effort To Pass ENDA Dies in GOP-Controlled House Committee

A last ditch effort to pass the US Senate approved version of the Employment Non-Discrimination Act died in a GOP-controlled House committee last night.

Supporters attempted to attach the bill via amendment to the defense spending bill as it heads to the full House floor, but the measure was voted down 7-3 in the House Rules Committee along party lines.

The Senate passed a version of ENDA last year with a bipartisan vote of 64-32 vote.

The House, set to adjourn by Dec. 11, never brought the legislation up for a vote even though there was bipartisan support.

When the new Congress is seated for the 114th Congress, it's highly unlikely the bill will see passage given Republicans will then control both chambers of Congress.

(source)

Poll: Strong Majority of Americans Support LGBT Workplace Protections

A new poll commissioned by Out & Equal Workplace Advocates shows a strong majority of Americans support the Employment Non-Discrimination Act currently passed by the US Senate but languishing in the House.

The results of the poll via press release:

• 65% of American adults agree that federal law should be expanded to include protection from job discrimination based on sexual orientation and gender identity

• 55% of all adults don't believe that any employers should be exempt if ENDA were to become law

• Only 35% of all adults believe churches or other houses of worship should be exempt

• Only 30% believe privately held businesses with owners citing religious beliefs should be exempt

• Just 21% of adults believe publicly held businesses citing religious beliefs should be exempt

• Only 19% believe small businesses generally should be exempt

"This year's survey reinforces what we are seeing in companies, government agencies and businesses around the country – even around the world-- that more and more business leaders are supporting workplace equality for lesbian, gay, bisexual and transgender employees," said Selisse Berry, Founder, CEO, Out & Equal Workplace Advocates.

"While this is good news we still have work to do to protect employees who can still be fired in 29 U.S. states for being LGBT and in 32 if one is transgender. Out & Equal will continue to work with our partners to build workplace equality for all members of our LGBT community."

President Obama signs executive order banning LGBT discrimination by federal contractors

This morning, President Obama signed an executive order banning discrimination in the workplace against LGBT employees of the federal government and federal contractors.

The executive order adds sexual orientation and gender identity to an existing executive order that already protects employees of federal contractors based on race, religion, color, sex or national origin.

The amended executive order is comprised of two components. The first makes it illegal to fire or harass employees of federal contractors based on sexual orientation or gender identity. That provision will not go into effect until next year.

 The second component bans discrimination against transgender employees of the federal government. This becomes effective immediately.

"America's federal contracts should not subsidize discrimination against the American people," Obama said during remarks at the White House just before signing the order. "I'm going to do what I can with the authority I have to act."

There are approximately 28 million employees of contractors who work with the federal government.

Watch below as President Obama signs executive orders banning discrimination against LGBT employees in the federal workplace.

LGBT advocacy groups withdraw support for ENDA over religious exemption clause

In the aftermath of the recent Hobby Lobby SCOTUS decision, LGBT advocacy groups are withdrawing their support of ENDA, passed last fall in the US Senate but currently languishing in the House.

The American Civil Liberties Union issued this statement via press release:

The provision in the current version of the Employment Non-Discrimination Act (ENDA) that allows religious organizations to discriminate based on sexual orientation and gender identity has long been a source of significant concern to us.

Given the types of workplace discrimination we see increasingly against LGBT people, together with the calls for greater permission to discriminate on religious grounds that followed immediately upon the Supreme Court’s decision last week in Burwell v. Hobby Lobby, it has become clear that the inclusion of this provision is no longer tenable.

It would prevent ENDA from providing protections that LGBT people desperately need and would make very bad law with potential further negative effects.

Therefore, we are announcing our withdrawal of support for the current version of ENDA.

From Executive Director Rea Carey of the National Gay and Lesbian Task Force:

“If a private company can take its own religious beliefs and say you can’t have access to certain health-care, it’s a hop, skip and a jump to an interpretation that a private company could have religious beliefs that LGBT people are not equal or somehow go against their beliefs and therefore fire them. We disagree with that trend. The implications of Hobby Lobby are becoming clear...We do not take this decision lightly. We've been pushing for this bill for 20 years.”

In addition, a coalition comprised of the American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights issued a joint statement that they also would be withdrawing support.

According to the statement, the legislation's current religious exemptions clause is so broadly written that “ENDA’s discriminatory provision, unprecedented in federal laws prohibiting employment discrimination, could provide religiously affiliated organizations – including hospitals, nursing homes and universities – a blank check to engage in workplace discrimination against LGBT people.”

LGBT activists are now advocating adding the four words "sexual orientation" and "gender identity" to the Civil Rights Act of 1964 to ensure fair protections for all LGBT folks.

Labor Secretary Tom Perez on executive order banning workplace discrimination for transgender individuals

President Obama listens as Labor Secretary Tom Perez speaks at the White House

Labor Secretary Tom Perez on the soon to be issued executive order banning discrimination based on gender identity for employees of federal contractors:

As we celebrate Pride Month and approach the 50th anniversary of the Civil Rights Act, the Labor Department is reaffirming its commitment to equal opportunity for all. That’s why we are updating enforcement protocols and anti-discrimination guidance to clarify that we provide the full protection of the federal non-discrimination laws that we enforce to transgender individuals.

These changes reflect current law. In Macy v. Holder, for example, the Equal Employment Opportunity Commission concluded that discrimination because a person is transgender is sex discrimination in violation of Title VII of the Civil Rights Act of 1964.

The Office of Federal Contract Compliance Programs and Civil Rights Center, along with the Employment and Training Administration, will issue guidance to make clear that discrimination on the basis of transgender status is discrimination based on sex.

While the department has long protected employees from sex-based discrimination, its guidance to workers and employers will explicitly clarify that this includes workers who identify as transgender. The department will continue to examine its programs to identify additional pportunities to extend the law’s full protection against discrimination to transgender workers.

Our workforce and our entire economy are strongest when we embrace diversity to its fullest, and that means opening doors of opportunity to everyone and recognizing that the American Dream excludes no one.

(via press release)

President Obama announces LGBT workplace protections executive order at NYC fundraiser

Earlier this week, President Obama spoke at a Democratic LGBT Fundraiser in New York City where he announced the news that he will be signing an executive order aimed at federal contractors and banning discrimination on the basis of sexual orientation or gender identity.

Via the Los Angeles Times:

After taking the stage at the Democratic National Committee fundraiser, Obama had to wait for at least a minute for the shouting to die down before he could start speaking. A few minutes later, he delivered in person the news his team made public earlier in the week: that he has ordered them to draft an executive order aimed at federal contractors and banning discrimination on the basis of sexual orientation or gender identity.

If some lesbian, gay, bisexual or transgender Democrats had been dismayed with the president for his long wait before issuing the order, they were over it Tuesday. "Sometimes you guys were a little impatient," Obama joked. "Sometimes I had to say, 'Will you just settle down for a second?'"

From the President's speech via White House press release:

This is a country where no matter who you are, or what you look like, or how you came up, or what your last name is, or who you love -- if you work hard and you take responsibility, you should be able to make it.

That’s the story of America. That’s the story of this movement: People who stand up and come out and march, and organize, and fight to expand the rights we enjoy and extend them to other people -- people who work against the odds to build a nation in which nobody is a second-class citizen, everybody is free to be who they are; and that you’re judged based on are you kind and competent and work hard, and treat each other with respect, and are a team player and look after your community, and care and love and cherish your kids.

That’s how we’re supposed to be judged. That’s the fight that brought all of us here today. That’s what made it possible for me to stand up here as your President. It’s what gave many people in this room the freedom to live their lives freely. It’s what should inspire us to keep working to make sure all our children grow up in an America where differences are respected and even celebrated, and where love is love.

Map: States with LGBT workplace protections in place

The White House announced Monday that President Obama will sign an executive order barring federal contractors from discriminating against people based on their sexual orientation.

The US Senate passed the Employment Non-Discrimination Act, or ENDA, in November. The bill ban all employers from discriminating on the basis of sexual orientation, in the same manner that federal law prohibits discrimination on the ground of race or religion.

However, the bill stalled in the Republican-controlled House, in part because Speaker John A. Boehner (R-Ohio) believes that the bill would “increase frivolous litigation and cost American jobs, especially small business jobs."

While the president's executive order will cover some but not all employers, also of concern is the fact that executive orders can be undone by future presidents.

But what about state laws? How many states have laws on the books prohibiting employers from discriminating on the basis of sexual orientation? Currently, 21 states plus plus the District of Columbia have laws on the books protecting gays and lesbians from discrimination on the basis of sexual orientation.

(via Washington Post)

President Obama to sign executive order banning LGBT discrimination by federal contractors

President Obama plans to sign an executive order protecting LGBT employees of federal contractors from discrimination.

Via press release:

“This is a major step forward in the struggle for freedom and justice for LGBTQ workers and their families. Now millions of people will have the economic security they need to provide for their families.

"Through his actions, the President has demonstrated again his commitment to ending discrimination. We thank all the organizations who have worked so hard to make this piece of history. This decision is good for LGBTQ people, good for our economy and good for America.

"Unfortunately, many of us who don't work for federal contractors will still lack workplace protections. Now we must redouble our efforts for the urgent passage of state employment protections and strong federal legislation.”

From Chris Geidner at Buzzfeed:

The Obama administration has maintained in the past that the Employment Non-Discrimination Act (ENDA) is its preferred path for LGBT workplace protections, but Monday’s announcement signals an acknowledgement that, despite Senate passage last fall, the bill is not likely to move in the House this year.

From the Human Rights Campaign:

The executive order will prohibit companies that contract with the federal government from discriminating in employment based on sexual orientation and gender identity. Federal contractors employ more than 20 percent of the American workforce – 28 million workers -- and collect around $500 billion in federal contracts every year. According to the Williams Institute, an executive order would protect 11 million more American workers from discrimination based on sexual orientation and up to 16.5 million more workers based on gender identity.

Notably, the proposed executive order will require Exxon Mobil Corporation, a top federal contractor that draws hundreds of millions annually in federal contracts, to provide non-discrimination protections to its LGBT employees and prospective hires. Yet ExxonMobil has consistently resisted these kinds of protections. Earlier this month, ExxonMobil’s shareholders voted for the 17th time to reject a policy that would prohibit discrimination against LGBT workers.

Vice-President Biden doesn't see a "downside" to executive order banning anti-LGBT discrimination in workplace

Vice President Joe Biden says he sees no disadvantage to a presidential executive order banning anti-LGBT discrimination by federal contractors.

Could this be a prologue to the President issuing such an executive order?

Asked by The Huffington Post this week about his feelings on such an order, Biden said, “I don’t see any downside.” Activists have urged the president to issue such an order, saying it would provide protection to a large population of LGBT workers — all those working for companies doing business with the federal government — while antidiscrimination legislation remains pending in Congress. Obama has resisted so far, saying the legislative route is the better way to go.

Biden agreed that legislation is preferable, as it would cover a larger number of workers, but in saying there’s nothing to lose with an executive order, he may be dropping hints that the president is about to sign one — or perhaps providing the catalyst for him to do so.

Remember it was Biden’s statement of support for marriage equality two years ago that preceded Obama’s by just a few days.

Things that make you go "hmm..."

(source)

New York Times urges President Obama to issue executive order on employment discrimination

In an op-ed today, the New York Times urged President Obama to issue an executive order regarding LGBT employment discrimination as an opportunity to "lead by example:"

Mr. Obama said in November that workplace discrimination “needs to stop, because, in the United States of America, who you are and who you love should never be a fireable offense.” An executive order barring discrimination by federal contractors would extend badly needed job protections to more than 11 million employees who work in states that lack such protections and whose companies fail to provide them voluntarily, according to the Williams Institute at the U.C.L.A. School of Law.

What Mr. Obama needs to do is act on his principles and issue such an order, without the religious exemption that was put into the Senate bill to lure Republican votes. Challenged last week to explain the mystifying delay on this issue, Mr. Obama’s spokesman said that the president supported broader legislation and that its enactment by Congress would make an executive order “redundant.”

[snip]

The best way for Mr. Obama to advance the issue and prod the House to do the right thing is to lead by example, not by waiting.

Colorado Congressman Mike Coffman announces support for ENDA

Colorado Republican Mike Coffman threw his support behind the Employment Non-Discrimination Act today. He is the seventh House Republican to back the legislation that would make workplace discrimination based on sexual orientation illegal.

From Politico:

"I see this legislation as the workplace equivalent of the Golden Rule — do unto others, as you would have them do unto you," Coffman told Politico. "In the workplace, in 2014, we should judge employees the way we would want to be judged — based on our qualifications, our contributions and by our character, period."

The legislation passed in the Senate earlier this year.  Speaker of the House John Boehner has refused to bring the bill to the floor of the House for consideration.

LGBT advocacy group Freedom To Work cheered the support:

"We applaud Congressman Coffman for supporting the freedom to work without discrimination for all Americans," said Christian Berle, the legislative director of Freedom to Work, who happens to be a Republican. "When I met with the Congressman to discuss this legislation, he impressed me with his conservative case for giving LGBT Americans a fair shot to contribute to our economy. He’s a strong conservative who understands that ENDA is good for business and the right thing to do."

(via Advocate.com)

The current state of workplace protections for LGBT employees state by state

Lambda Legal has this handy dandy map to show what protections exist for LGBT employees in each state of the US as of today.  I'm proud to say my home state of Nevada has protections in the public and private sector for not only sexual orientation, but gender identity and/or gender expression as well.

The point of passing ENDA (Employment Non-Discrimination Act) in Congress is to protect employees in all fifty states.

From Lambda Legal:

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity.

In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination.

The Supreme Court has held that the EEOC's interpretation of Title VII are entitled to "great deference."

Vice President Joe Biden at HRC gala: "Pass ENDA Now!"

Vice President Joe Biden speaking last night at the HRC gala in Los Angeles:

"My grandkids, my children, and their kids are going to be shocked, it shocks the conscious that this very moment in American history, in some states, an employer can fire you just because of who you are, or who you love. It’s close to barbaric.

"I mean think about this, a man, no I really mean this. Imagine, imagine, 20 years from now, as America look back and say how in the hell could that have ever been allowed?

"The country’s moved on. The American people have moved on, it’s time for the Congress to move on, and pass ENDA.

"Pass ENDA now. Not tomorrow, now!"

You can watch his full remarks below:

US lawmakers urge President Obama to sign executive order banning LGBT discrimination in the federal workplace

A group of 195 Democratic U.S. lawmakers (148 House members and 47 Senators) has sent a letter to President Obama urging him to issue and executive order banning federal contractors from engaging in employment discrimination against LGBT Americans.

The executive order would apply only to federal contractors, but might send a positive signal nationwide.

No Republicans signed the letter including the 10 GOP senators who voted for ENDA last year.

You can read the letter below including the full list of lawmakers who endorsed the letter.

LGBT Executive Order Letter 3/18/14

(via Towleroad)

ENDA sees support from wealthy GOP donors and office holders

LGBT activists are getting support for the Employment Non-Discrimination Act in Congress from some surprising allys - wealthy Republican donors and former office holders.


From The Advocate:

Republican billionaires Paul Singer and Seth Klarman have each donated $375,000 to Americans for Workplace Opportunity, a project of the Human Rights Campaign aimed at securing passage of ENDA, USA Today reports.

“America is a place where the freedom to be who you are shouldn’t be a barrier to your ability to get a job and provide for your family,” said Singer, according to USA Today. “In the workplace, employees should be judged on their merit and hard work and not on aspects that are irrelevant to their performance.”

In addition to the donations above, the HRC is contributing $1.3 million to help send activists into 48 Republican districts to do grassroots work to bring support to ENDA.

Although passed in the US Senate in November, the legislation is languishing in the House where Speaker Boehner says he has no plans to schedule a vote. The bill currently has 199 co-sponsors in the House. Boehner might have to reconsider his position if a majority - 218 - co-sponsor the legislation.

Apple CEO urges passage of ENDA in speech at Auburn University

House Speaker John Boehner: Gays don't face any discrimination in the workplace

House Speaker John Boehner addressed the issue of bringing ENDA to a vote in the House today.   Clearly the man is misinformed about LGBT employment rights:

"I am opposed to discrimination of any kind in the work place and any place else.

"But I think this legislation that I've dealt with as chairman of the Educational Workforce Committee long before I was back into leadership, is unnecessary and would provide a basis for frivolous lawsuits.

"People are already protected in the work place. So I am, I'm opposed to continuing this.

"Listen, I understand people have different opinions on this issue and I respect those opinions but it is someone who worked in this employment law area for all of my years in the statehouse and all of my years here, I see no basis or no need for this."

(via JMG)