National
New group joins fight against workplace discrimination
Freedom to Work seeks passage of ENDA in two years
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.
U.S. Military/Pentagon
Federal appeals court rules White House illegally banned trans troops
Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS
A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.
The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.
The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”
The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.
Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.
The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.
The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.
Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.
“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.
Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.
Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.
“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.
The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.
While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.
“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”
He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.
“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Levi characterized the policy as overtly cruel and legally indefensible to the Blade.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”
National
Results from key Tuesday primary races
State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election.
The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump.
In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.
In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.
In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.
The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple.
National
White House Correspondents’ Dinner rescheduled after shooting
‘We will not allow an act of violence to have the last word’
The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.
Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.
“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members.
She did not announce further details, including venue and ticketing.
Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.
This post will be updated as more details are announced.

