Comments on: Celebrating historic week for trans Americans

By: Jenna Fischetti

Jenna Fischetti — Thu, 26 Apr 2012 12:51:34 +0000

Truth be told, its a great week for all Americans, including gays and lesbians. The essence of the 11th Circuit courts decision in Glenn v Brumby spoke to gender non conformity being protected against discrimination due to sex stereotypes vis-a-vis the 14th Amendment, the Equal Protection clause. The 11th Circuit was cited as a reference source for this administrative ruling. The EEOC concurred that gender non conformity is equally protected under Title VII.

What sort of behavior or expression are gender non conforming?

Two lovers who engage in public displays of affections and are same sex partners, males who do not act in a sex stereotypical manner or females who groom themselves and dress in a manner inconsistent to societal norms or “standard” (as deems by others in a position to leverage power against others) are just a few. When those become evident within a workplace this EEOC ruling can be cited for grounds of discrimination by ANY employee who feel they were fired due to gender non conformity, whether that person identifies as heterosexual, homosexual, cisgender or transgender. Nothing guarantees the full force of the ruling will stand the challenge of the courts, but in the spirit of protected classes, all individuals have an equal right to protection, not just one small subset of the protected class.

This is a workers victory, this is an LGBT victory, this is a gender conformity victory in which transgender people are also protected.

By: PFLAGmark

PFLAGmark — Thu, 26 Apr 2012 12:16:25 +0000

I am thrilled with this ruling. My perception of this ruling is that trans folks are in a better position now compared to where they were before this ruling, BUT we are not done yet. I hope that “We just won” will not be read as “We are done.”

By: Kat

Kat — Thu, 26 Apr 2012 05:08:39 +0000

Yes, this is a great decision – except for the little matter of it being 35 years late and, of course, the little matter of it being just an administrative decision, something that ranks below case and statutory law.

Even if the federal government doesn’t appeal this decision, the next employer to be sued by a trans person can take the case up to the Supreme Court, which will have the final say.

[URL REMOVED]

“We just won.”

…said Gov. Dewey.

By: Diana Langton

Diana Langton — Thu, 26 Apr 2012 03:38:47 +0000

So, you are saying this is appeal proof? If so, why? Everything else gets appealed.