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New group joins fight against workplace discrimination

Freedom to Work seeks passage of ENDA in two years

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Tico Almeida (photo by Scott Henrichsen)

A new group has formed to push for passage of the Employment Non-Discrimination Act and its leaders hope to disband after achieving their primary legislative goal in just two years.

The organization, called Freedom to Work, is headed by Tico Almeida, a civil rights litigator who served as ENDA’s lead counsel on the U.S. House Education & Labor Committee from 2007 to 2010.

In an interview with the Washington Blade, Almeida, who’s gay, said he’s personally committed to the passage of ENDA because he’s worked on workplace discrimination issues for several years and cares deeply about the problem.

“My legal career has been about workplace justice issues — not just for LGBT people — but on wage and hour issues, on immigrant workplace issues,” Almeida said. “My passion lies in workplace fairness and that’s what I want to be working in the next few years.”

Joe Racalto, Freedom to Work’s vice president for public policy and development, comes to the organization after working as a senior policy adviser for more than a decade for gay Rep. Barney Frank (D-Mass.).

“Few, if any, issues have dominated my professional and personal life like ENDA,” Racalto said. “I am joining the team at Freedom to Work because I don’t want LGBT workplace issues to get left behind any longer.”

Discriminating against workers — or even firing them — is legal on the basis of sexual orientation in 29 states and on the basis of gender identity in 35 states.

As it currently stands, ENDA would provide federal protections against this kind of discrimination in most situations against LGBT people in the private and public workforce. The legislation is sponsored by Frank in the House and Sen. Jeff Merkley (D-Ore.) in the Senate.

Almeida said the first step for Freedom to Work before the start of the next Congress over the course of the next 14 months is building up its speaker’s bureau of LGBT people who’ve experienced workplace discrimination.

The personal stories of these people in the workplace, Almeida said, will help match statistics and studies showing the problem of workplace discrimination “with compelling stories to personalize the issue.”

“We don’t have that many recent compelling stories to tell — especially compared to the successful advocacy that there was done to repeal ‘Don’t Ask, Don’t Tell’ in which dozens and dozens of service members were telling their stories to national media, to newspapers both local and national throughout the course of the year to build up toward repeal,” Almeida said.

Jarrod Chlapowski, development and outreach director for Servicemembers United, said educational and personal stories helped in the effort to repeal “Don’t Ask, Don’t Tell” and should contribute to the campaign to pass ENDA.

“In every movement, real momentum begins when the political climate is not so favorable and transformational figures choose to lay the basic educational groundwork from which a critical mass for change can be achieved,” Chlapowski said. “This was the model used by Servicemembers United in the movement to repeal [‘Don’t Ask, Don’t Tell’], and I am pleased and exhilarated that lessons and tactics learned in the [‘Don’t Ask, Don’t Tell’] repeal fight are finally being utilized in the movement for full workplace equality.”

Chlapowski is a member of Freedom to Work’s national advisory board and said he’s honored to be part of the organization as it “moves forward with its ambitious vision.”

The organization already has one LGBT individual as a member of its speaker’s bureau who’s experienced workplace discrimination and is calling for passage of ENDA.

Ronald Crump, a sergeant for the Los Angeles Police Department, is a founding member of the bureau and says he experienced discrimination while on the job as a police officer.

After his supervisor targeted him with anti-gay harassment and insults, Crump complained to his superiors, but they responded with further retaliation.

“I was retaliated against and received a transfer that amounted to a demotion after I complained to the L.A.P.D. that my direct supervisor was harassing me for being gay,” Crump said.

According to Crump, he was told by his supervisor: “I was a religion major at Liberty University — Jerry Falwell would roll over in his grave if he knew I hired you.”

Because such discrimination is illegal under California state law, Crump was able to take his claims to a jury in a Los Angeles courthouse and prevailed earlier this year. However, the same legal action wouldn’t be possible in many places in the country.

“I am grateful that earlier this year I got my day in court to prove my case of retaliation, and a jury of my peers agreed with me and awarded a significant verdict,” Crump said. “That was possible only because California laws guarantee LGBT employees the freedom to work without discrimination. If I had worked as a police officer in Philadelphia, Miami, St. Louis or Houston, I never would have gotten my day in court. That’s why we need ENDA.”

Highlighting these stories is what Freedom to Work is focusing on over the course of the 112th Congress. Almeida said he thinks passing ENDA before the end of next year will be a “Hail Mary” and the work for the time being will be on spreading personal stories “so that we start the next Congress much better prepared.”

“And by telling those stories, we think we will change hearts and minds and convince even more Americans — who already overwhelmingly support the bill — but even more Americans that this is the right policy and convince more lawmakers that they should vote ‘yes,'” Almeida said.

Asked when he thinks ENDA will become law, Almeida made a pledge for his organization: Freedom to Work will dissolve after ENDA has been passed into law and is hoping to do so before its two-year anniversary.

“We will exist for the sole purpose of increasing public education about LGBT workplace discrimination and for passing ENDA, and will disband after the statute goes into effect,” Almeida said. “So, it is our goal and would be an enormous success if we dissolve Freedom to Work by our two-year anniversary in the fall of 2013.”

Almeida acknowledged that passage of ENDA might not happen by that time, but said he thinks passage would be a “solid accomplishment” even if it occurred at a later time.

“If it took three years or four years, I still think that would be a solid accomplishment and we would still be very happy with the outcome and dissolve the organization that way,” Almeida said.

Any oversight role that would be needed after ENDA is passed, Almeida said, would be fulfilled by the private bar and other LGBT groups.

“It will always be the case for all civil rights statutes that courts will roll back advances, and Congress may have to come out and fix or improve statutes, and there are a large number of civil rights groups within the LGBT community, outside of it, lawyers’ groups that monitor those things and work on enforcement,” Almeida said.

One issue with ENDA that has instigated discussion — even heated conflict — within the LGBT community is the inclusion of gender identity language in the legislation.

In 2007, Frank dropped the gender identity protections in the legislation after he determined the votes were lacking in the 110th Congress to pass an inclusive version of the legislation.

The House passed the measure 235-184, but the removal of the language caused a firestorm in the LGBT community. The legislation never saw action in the Senate.

Almeida called the inclusion of both sexual orientation and gender identity language “absolutely essential” ingredients.

“It’s a matter of fairness, it’s a matter of unity and solidarity in our community and it’s the best policy,” Almeida said.

Concurrent with the goal of passing ENDA, Freedom to Work also aims to convince President Obama to take administrative action to address workplace discrimination against LGBT people.

Along with other advocates, the organization is pushing for an executive order prohibiting federal money from going to contractors and suppliers that don’t have their own non-discrimination protections based on sexual orientation and gender identity.

“In the next year, one of our main policy areas of focus will be encouraging the Obama administration to create and amend the executive order for federal contractors,” Almeida said. “We will do public education through op-eds, blogs, other social media to increase awareness about how such an executive order will save U.S. taxpayer money and protect LGBT Americans’ freedom to work for federal contractors.”

The order has been seen as an interim alternative to passing ENDA as long as Republicans remain in control of the U.S. House, but Almeida said the legislation and the order are “completely complementary.”

“That is a goal worth pursuing in and of itself because the executive order will have real enforcement powers that the Department of Labor can use on behalf of real life victims of workplace discrimination even before ENDA passes, and even after ENDA passes,” Almeida said.

Having both the order and law in place would provide two avenues for LGBT people seeking remedies for discrimination they’ve experienced in the workplace.

The directive would provide recourse through the Department of Labor while ENDA would provide recourse through the U.S. Equal Employment Opportunity Commission. Other workers — including racial minorities and women —have both options to protect them.

Almeida added the order will “build political momentum” and raise the visibility of LGBT workplace discrimination issues to “make getting ENDA through Congress even easier.”

The Obama administration hasn’t said whether it would be open to issuing such an executive order. Still, Almeida said he’s “optimistic” the administration will come through with the directive before the end of the Obama’s first term.

“I’m optimistic because of the Obama administration’s strong record on LGBT issues in the past three years and I’m optimistic because this politically is far easier than some of the things they have already done,” Almeida said.

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Michigan

Progressives score victory as El-Sayed wins Mich. Senate primary

Democratic newcomer will face Rogers in November

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Democratic Senate candidate Abdul El-Sayed (Screen capture via MS NOW/YouTube)

Michigan held its primary on Tuesday, allowing the two major political parties to select their nominees to go head-to-head for the state’s U.S. Senate seat.

NBC News called the Democratic race early, giving the victory to physician Abdul El-Sayed over incumbent U.S. Rep. Haley Stevens (D-Mich.) in an extremely close primary. El-Sayed won 48.5 percent of the primary vote, with Stevens trailing by just one percentage point at 47.5 percent.

Both candidates have campagined on supporting the LGBTQ community through different avenues— for El-Sayed he focused on his past promoting HIV and PrEP funding and research. Stevens focused on her legislative history working to support transgender rights in the state.

This is a major win for progressive Democrats, who have been bearing the brunt of political attacks from President Donald Trump, the Republican Party, and centrist Democrats.

El-Sayed, a former health director in Detroit, ran his campaign largely on making life in the Great Lakes State more affordable amid rising costs. His policies include promoting “Medicare for All,” pushing health policy that targets the regressive efforts of the Trump-Vance administration that rolls back funding for both Women and LGBTQ people, minimizing the growing amount of money in politics, and he was very vocal in his criticism of Stevens for supporting aid to Israel. He was endorsed by two major progressives — U.S. Sen. Bernie Sanders (I-Vt.) and U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.).

Stevens, the four-term congresswoman, is much closer to establishment Democrats on policy than El-Sayed.

During her time in the federal government, she has consistently supported the Equality Act, which would add sexual orientation and gender identity as protected classes under the Civil Rights Act of 1964. She has also emphasized supporting local manufacturing and lowering housing costs in the state.

She was named to Advocates for Trans Equality’s 118th Congressional Champions list for her pro-trans policies and was endorsed by establishment heavy hitters Michigan Gov. Gretchen Whitmer and Senate Minority Leader Chuck Schumer (D-N.Y.).

The contentious race boiled down not only to Michigan affairs but also extended to international conflicts — namely Palestine. (South Africa has filed a case in the International Court of Justice in The Hague that accuses Israel of committing genocide in the Gaza Strip after Oct. 7.) This primary also acted as one of the first major races that pushed back against AIPAC, a lobbying group that works to promote pro-Israel candidates in U.S. elections. The group has been involved in domestic politics since 1954.

AIPAC devoted a massive amount of money to this race.

The Associated Press reported that the pro-Israel lobbying group spent more than $30 million on ads against El-Sayed because of his vocal denunciation of Israel and his continued criticism of its policies towards Palestine.

Michigan has a large Muslim and Arab American population, which could, in part, explain how El-Sayed was able to win.

The Republican side was far less competitive. Former U.S. Rep. Mike Rogers (R-Mich.) ran unopposed and clinched the GOP nomination. He has consistently held anti-LGBTQ positions, going as far as voting multiple times for a federal constitutional amendment to ban same-sex marriage, voting against repealing the military’s “Don’t Ask, Don’t Tell” policy, and supporting efforts to directly target the attempted expansion of Title IX protections to include trans people.

El-Sayed will face off against Rogers in November for Michigan’s Senate seat — one that could have lasting impacts not only on the state’s politics but also on the Republicans’ narrow Senate majority and Trump’s political agenda.

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White House orders warning signs at Smithsonian over gender identity exhibits

Administration criticizes National Museum of American History

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Secretary of the Interior Doug Burgum is expected to install warning signs outside the National Museum of American History warning visitors of supposedly anti-American content. (Photo courtesy of the Office of the Governor of North Dakota)

The Trump administration will install temporary warning signs outside the Smithsonian’s National Museum of American History after releasing a report accusing the museum of promoting what it calls “radical” gender ideology and other politically biased content.

According to the Executive Order, “For purposes of policy formulation under EO 14253, this review of the National Museum of American History concludes that NMAH, by the intention and at the direction of current Museum and Smithsonian leadership, has become subject to institutional capture by a radical, activist ideology that is fundamentally opposed to telling the noble, honest story of the great country we know and love.”

Executive Order 14253 refers to what the White House has deemed the “Restoring Truth and Sanity to American History” order. Therefore, the Trump administration has said it will take all available steps to ensure that the issues in the report are addressed and rectified.

Without specifying, the White House has stated that warnings will be posted along NMAH to alert visitors to sections of the museum it has deemed are in violation according to the report.

“The Secretary of the Interior, acting through the Director of the National Park Service (NPS) and in coordination with the Assistant to the President for Domestic Policy, shall install temporary signage along the NPS-maintained sidewalks and walkways used by the public to access the Museum, informing visitors of the findings of the Report and of the policy set forth in section 1 of this order,” the Executive Order states.

The warnings were raised in a 162-page report issued by the Domestic Policy Council. The report detailed ways in which the National Museum of American History (NMAH) has “poorly” portrayed American history and insufficiently highlighted the founding story during America 250th celebrations.

The report outlined key findings of the NMAH. One of these findings was the Center for Restorative History within the museum, which has stated its purpose is to “encourage systemic change” by highlighting diverse groups. However, the report states that it highlights every group of Americans except for straight and white Americans.

The Domestic Policy Council accused the museum of engaging in “transgender activism.” According to the report, examples include referring to “biological men” as women or girls, displaying what it describes as sexually suggestive content, and incorporating discussions of gender fluidity, gender identity, and gender nonconformity into the museum’s educational curriculum, “Becoming US.”

The report also criticizes the curriculum for using the term “transgender” when discussing gender-nonconforming people and encouraging individuals to ask a person’s pronouns when meeting them. It further objects to exhibits stating that “transgender, nonbinary, and cisgender female athletes” continue to struggle for and demand equality.

It also condemns what it refers to as explicit content in an exhibition, “Girlhood (It’s Complicated)”, such as chest binders, questioning gender testing in women’s sports, and referring to biological females as “people inhabiting female bodies.”

Additionally, the report accuses the museum of no longer participating in flag-celebrating ceremonies because it was “too busy” preparing for June Pride and WorldPride events. It states, “As Director Hartig explained in a June 2024 presentation, all her attention was focused on flying the Smithsonian Pride Alliance’s ‘intersexual pride flag during June’ in 2023 and 2024.”

On July 9, the American Historical Association issued a statement rejecting the report’s findings.

In regard to the report, it states, “Its anonymous authors overlook a central lesson of the nation’s founding: the United States was forged by finding common purpose amid intense divisions, conflicts, and disagreements.” They argue that only “honest history” can tell the true history of the nation.

House Republicans led a subcommittee hearing that questioned Smithsonian Director Hartig extensively. A main focus of the questions was on the exhibits related to gender identity and whether they were appropriate. In the hearing, Rep. Nancy Mace asked: “When was your gender revealed to you, Dr. Hartig?”

In response to questioning, Hartig stated that the institution is nonpartisan and does not push a specific agenda.

Hartig published a two-page statement ahead of her hearing outlining her thoughts on the situation. In the report, she states that the institution is always open to criticism and will continue to look for ways to improve, but she sees the report as misleading.

“I can attest that the report does not fairly characterize the full body of work at this museum. I am familiar with the depth and breadth of our collections, exhibits, and programming. And while I recognize there is always room for improvement, I also know the beauty, inspiration, and expertise that exists in our museum,” Hartig wrote.

Democrats created their own 16-page report as a rebuttal to the Domestic Policy Council’s report. It argued that the attacks by the current Trump administration are another example of its attempt to rewrite history. Additionally, the report states that no policy changes were included in the Executive Order, as that is beyond the President’s role. “The Report recommends nothing. That is no accident. To recommend an action, the Report would need to identify who is legally empowered to take it, and its own opening chapter concedes the President’s only power is to ‘urge’,” House Democrats wrote.

It is still unclear when the temporary warnings will be installed or what form they will take beyond the requirements outlined in the executive order.

An exhibit at the Smithsonian. (Washington Blade photo by Landon Shackelford)

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Trump ends direct HIV prevention funding to community groups

Advocates say transfer of funds to states may disrupt local programs

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The Trump administration will discontinue direct federal funding of community-based organizations that provide HIV prevention services. (Washington Blade file photo by Michael Key)

A decision by the U.S. Office of Management and Budget (OMB) at the request of the Trump administration to discontinue direct federal funding of community-based organizations and clinics that provide HIV prevention services has raised concern among community health advocates, including LGBTQ advocates.

 News surfaced earlier this month that the OMB informed the U.S. Centers for Disease Control and Prevention that it would not renew $46 million in funding for 96 community-based organizations that provide HIV testing, referrals to medical care, and arrangements for obtaining pre-exposure HIV prevention medication known as PrEP that has been shown to be 99 percent effective in preventing HIV infection.

Under the new policy arranged by OMB, the funds will be redirected to the states to be allocated to state and local health departments. The policy calls for states to encourage but not require their respective state and local health departments to allocate some of those funds for community-based organizations. Under the new policy, the funding is scheduled to last until May of 2027, before a renewal decision is made.

Some political observers have speculated that the decision to end direct federal funding to community-based organizations could be motivated by the Trump administration’s hostility to diversity, equity, and inclusion or DEI programs and organizations that promote those programs, with the belief that some of the groups receiving the federal HIV prevention funds are promoting DEI.

Carl Schmid, executive director of the D.C.-based HIV+ Hepatitis Policy Institute, is among the leaders of many AIDS advocacy organizations expressing strong opposition to the OMB action. Schmid said that in places like D.C. and some states, local officials will be willing to redirect the federal funds to local community-based organizations.

A list of the 96 community-based organizations across the country that are currently receiving the federal AIDS funds includes the D.C.-based Whitman-Walker Health, which has a long history of healthcare support for the LGBTQ community, and La Clinica del Pueblo, which reaches out to the Latino community.

 Schmid said Whitman-Walker and La Clinica del Pueblo have longstanding good relationships with the local D.C. government.

“But other states and jurisdictions don’t have that relationship with the community-based organizations,” Schmid said. “It depends on the state,” he said, adding, “Not all states send their money to the communities that really need it most. And not all states are fast in getting money to the community-based organizations.” 

Spokespersons for Whitman-Walker and La Clinica del Pueblo couldn’t immediately be reached for comment on whether they think the Trump administration’s latest action related to funding will adversely impact their respective organizations.  

 Schmid said under the current federal grant program slated to be discontinued, which has been in effect for at least five years, HIV-related health organizations receiving the federal grant funds were eligible for an existing federal policy enabling them to purchase HIV-related medication, including the PrEP prevention medication, at a significant discount from pharmaceutical companies. With the ending of the direct federal HIV funds to community-based organizations, Schmid said it was unclear whether problems may surface in obtaining drug discounts.

“They could still qualify as a sub-grantee from a state,”  Schmid said. “But what if they don’t get that grant again? They would not be able to qualify to obtain the drugs” at the discounted price, he said.

Among the organizations expressing strong concern over the decision to discontinue the direct HIV prevention funding to community-based organizations has been the Federal AIDS Policy Institute and its subgroup called the HIV Prevention Action Coalition.

In a July 22 letter bearing the names of 71 community-based organizations from throughout the country sent to U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Disease Control and Prevention Acting Director Jay Bhattacharya, the group called for the Trump administration to “reconsider” ending the current funding policy.  

 “Ending this program without a clear plan for what comes next would dismantle prevention infrastructure that has taken more than three decades of federal investment to build and do so just as that long record of measurable returns is accelerating,” the letter states.

It says the initiative by President Trump in his first term as president to end the HIV epidemic and reduce new HIV infections by 90 percent by 2030 was moving ahead by the funding program for community-based organizations that the administration now wants to end. 

“Discontinuing this program would also cost far more than it saves,” the letter says. “Every HIV transmission prevented avoids an estimated lifetime treatment cost of roughly half a million dollars per person to the healthcare system – costs that fall heavily on taxpayer-funded programs, including Medicaid, Medicare, and the Ryan White HIV/AIDS program,” the letter continues.

“The choice before the administration is straightforward: a modest, targeted investment in prevention now, or far greater public expense for treatment later,” the letter concludes. 

Spokespersons for the OMB and the Department of Health and Human Services, which oversees the CDC, have not immediately responded to news media requests for comment on the opposition to the funding change policy.

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