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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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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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