National
HISTORIC: EEOC ruling protects trans workers from discrimination
Agency interprets Title VII to protect workers against gender identity discrimination
In a historic ruling, the U.S. Equal Employment Opportunity Commission has determined that job bias against employees on the basis of gender identity amounts to sex discrimination under existing law.
The determination came about as part of the resolution of a case filed by the Transgender Law Center on behalf ofĀ Mia Macy, a transgender woman who allegedly was denied a job as a ballistics technician at the federal Bureau of Alcohol, Tobacco, Firearms and Explosives’s laboratory inĀ Walnut Creek, Calif., after she announced she was transitioning from male to female.Ā The decision, made unanimously by the commission on a 5-0 vote,Ā was made public Monday evening.
“[W]e conclude that intentional discrimination against a transgender individual because the person is transgender is, by definition, discrimination ‘based on … sex,’ and such discrimination therefore violates Title VII,” the decision states.
EEOC is the federal agency that interprets and enforces federal non-discrimination laws. Its decision on transgender workers applies to both public and private employers throughout the United States, including in the 34 states where non-discrimination laws based on gender identity don’t exist.
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. Various courts have determined that transgender workers are protected against discrimination on the basis of this statute, but the decision on Monday marks the first time the EEOC has decided the law protects transgender workers.
Masen Davis, executive director of theĀ Transgender Law Center, said the significance of the decision is “hard to overstate.”
“TransgenderĀ people already face tremendous rates of discrimination andĀ unemployment,” Davis said. “The decisionĀ today ensures that every transgender person in the United States willĀ have legal recourse to employment discrimination, and with it a way toĀ safeguard their access to vital employment benefits such as healthĀ insurance and retirement savings plans.”
EEOC made the decision after the Obama administration was criticized by many in the LGBT communityĀ for deciding at this time against issuing an executive order requiring federal contractors to have non-discrimination policies based on sexual orientation and gender identity. The EEOC decision could provide a path to provide transgender workers seeking a remedy against discrimination in lieu of the executive order.
While still presenting as male, Macy, a veteran and former police detective, was told in January 2011 she would receive a position she wanted at the Walnut Creek crime laboratory. As evidence of her impeding hire, Aspen of DC, the contractor responsible for filling the position, contacted her to begin the necessary paperwork and said an investigator was performing a background check.
But after informing the contractor in March 2011 that she would transition from male to female, Macy received an email from the contractor stating that the position, due to federal budget constraints, had been cut. Later, she was told someone else was awarded the position.
Believing she had faced job discrimination, Macy on June 13 filed a formal complaint with the EO for the agency, noting “gender identity” and “sex stereotyping” as the basis of her complaint. After some back-and-forth between Macy and the agency over whether she could seek relief under Title VII, Macy appealed the case in December to EEOC, which determined the law offers her protection as well as protection to other transgender workers.
In a statement, Macy thanked the Transgender Law Center for its support and said she was “proud” to be part of the groundbreaking decision.
“Although the discrimination I experiencedĀ was painful both personally and financially, and led to the loss of myĀ familyās home to foreclosure, Iām proud to be a part of thisĀ groundbreaking decision confirming that our nationās employmentĀ discrimination laws protect all Americans, including transgenderĀ people,” Macy said. “Iām grateful for the help of Transgender Law Center, whichĀ believed in me from the start and helped guide me through thisĀ process. No one should be denied a job just for being who they are.ā
Still, the case isn’t yet over for Macy. The case has been remanded to ATF for further processing in light of the decision. If Macy requests a final decision without a hearing, the agency must render a decision within 60 days of receipt of her request.
EEOC draws on previous decisions that courts have made on whether Title VII provides protections to workers who face discrimination on the basis of gender identity.
Among them is the 11th Circuit Court of Appeals’ ruling in Glenn v. Brumby, in which plaintiff Vandy Beth Glenn, a transgender woman who was fired from her position as proofreader from the Georgia General Assembly in 2007 filed a lawsuit after she announced she would transition from male to female. The court ruled that an individual “cannot be punished because of his or her perceived gender-nonconformity” and these protections must be afforded to transgender people.
Mara Keisling, executive director of the National Center for Transgender Equality, called the decision a “major victory” and said it would further the case of the Employment Non-Discrimination Act, legislation that would bar companies from discrimination against LGBT employees, and the sought-after executive order for federal contractors.
“As many as 90 percent of trans people still face tremendous discrimination in employment according to our National Discrimination Survey, and it will help so much that the EEOC agrees with what more and more courts have been saying ā discriminating against trans people because of their sex, or their perceived sex, or what an employer thinks about their sex is clearly sex discrimination, illegal and wrong,” Keisling said.
Tico Almeida, president of Freedom to Work, said the decision expands upon Executive Order 11246, the existing directive prohibiting federal contractors from discriminating on the basis of gender.
āWe call on Labor Secretary Hilda Solis and her staff to issue new guidance for federal contractors to inform them that they cannot discriminate against transgender Americans while profiting from taxpayer-funded contracts,” Almeida said.
However, Almeida said Solis won’t have the authority to expand these protections to gay and lesbian Americans working for federal contractors until Obama “corrects the mistake announced by White House staff a few weeks ago” andĀ issues an executive order for all LGBT workers at these companies.
National
Anti-LGBTQ Franklin Graham to give invocation at Trumpās inauguration
Evangelical leader also delivered address in 2017
Anti-LGBTQ evangelist Franklin Graham will deliver the invocation for President-elect Donald Trumpās inauguration on Monday, Jan. 20, according to a copy of the program that was circulated on X.
Graham, who serves as president and CEO of Samaritanās Purse, the evangelical Christian humanitarian aid organization, and of the Billy Graham Evangelistic Association, which was named for his late father, offered the opening prayer for Trumpās first inauguration in 2017.
As documented by GLAAD, the Asheville, N.C.,-based evangelist has attacked the LGBTQ community throughout his life and career.
He supported the draconian laws in Russia targeting āpropaganda of nontraditional sexual relationsā that have been used to suppress media that presents āLGBTQ identities and relationships in a positive or normalizing light.ā
Praising Russian President Vladimir Putin for taking āa stand to protect his nationās children from the damaging effects of the gay and lesbian agenda,ā Graham also bemoaned that āAmericaās own morality has fallen so far that on this issue.ā
Grahamās anti-LGBTQ advocacy on matters of domestic policy in the U.S. has included opposing Pride events, which he compared to celebrations of ālying, adultery, or murder,ā and curricula on LGBTQ history in public schools, telling a radio host in 2019 that educators have no right to āteach our children something that is an affront to God.ā
When his home state rolled back rules prohibiting gender diverse people from using public restrooms consistent with their identities, he tweeted that āpeople of NC will be exposed to pedophiles and sexually perverted men in womenās public restrooms.ā
Graham has repeatedly smeared LGBTQ people as predatory and said the community seeks to ārecruitā children into being gay, lesbian, or transgender.
He has also consistently opposed same-sex marriage, claiming that former President Barack Obama, by embracing marriage equality, had āshaken his fist at the same God who created and defined marriage,ā adding, āit grieves me that our president would now affirm same-sex marriage, though I believe it grieves God even more.ā
Graham also supports the harmful and discredited practice of conversion therapy, which he likened to āconversion to Christianity.ā
When Transportation Secretary Pete Buttigieg announced his bid for the Democratic nomination for president in 2020, Graham tweeted that āMayor Buttigieg says he’s a gay Christian. As a Christian I believe the Bible which defines homosexuality as sin, something to be repentant of, not something to be flaunted, praised or politicized. The Bible says marriage is between a man and a woman ā not two men, not two women.”Ā
Graham embraced Trump well before he was taken seriously in Republican politics, telling ABC in 2011 that the New York real estate tycoon was his preferred candidate.
Particularly during the incoming presidentās first campaign as the GOP nominee and during his first term, the evangelical leaderās support was seen as strategically important to bringing conservative Christians into the fold despite their misgivings about Trump, who was better known as a philandering womanizer than a devout religious leader.
National
Homophobe Anita Bryant dies at 84
Anita Bryant, the singer and orange juice pitch woman who gained notoriety for a homophobic campaign against gay rights in the 1970s, died on Dec. 16 after a battle with cancer, according to a statement released by her family. She was 84.
Bryant was a former Miss Oklahoma, a Grammy-nominated singer, author, and recipient of the USO Silver Medallion for Service, according to her familyās statement. Bryant, a fundamentalist Christian, performed at the White House and the Super Bowl, among other highlights of her singing career.
Bryant incurred the ire of the LGBTQ community after she fought successfully to overturn a Dade County, Fla., ordinance that would have protected gay people from discrimination. Her āSave Our Childrenā campaign led gay bars to boycott Florida orange juice. In 1977, while promoting her campaign in Iowa, Tom Higgins, a gay rights activist, threw a pie in her face, an iconic moment caught by photographers.Ā
Bryantās homophobic legacy lives on with Florida politicians like Gov. Ron DeSantis rolling back LGBTQ protections and enshrining discrimination in state law.
National
New Meta guidelines include carveout to allow anti-LGBTQ speech on Facebook, Instagram
Zuckerberg cozying up to Trump ahead of second term
New content moderation policies governing hate speech on Facebook, Instagram, and Threads that were enacted by parent company Meta on Wednesday contain a carveout that allows users to call LGBTQ people mentally ill.
According to the guidelines, which otherwise prohibit use of such insults on the online platforms, “We do allow allegations of mental illness or abnormality when based on gender or sexual orientation, given political and religious discourse about transgenderism and homosexuality and common non-serious usage of words like āweird.āā
Meta also removed rules that forbid insults about a personās appearance based on race, ethnicity, national origin, disability, religious affiliation, caste, sexual orientation, sex, gender identity, and serious disease while withdrawing policies that prohibited expressions of hate against a person or a group on the basis of their protected class and references to transgender or nonbinary people as āit.ā
In a video on Tuesday, Mark Zuckerberg, the company’s co-founder, chairman, and CEO, said the platforms’ “restrictions on topics like immigration and gender” were now “out of touch with mainstream discourse.ā
āWhat started as a movement to be more inclusive has increasingly been used to shut down opinions and shut out people with different ideas, and itās gone too far,ā he added.
In a statement to the Washington Blade, Human Rights Campaign President Kelley Robinson said “Everyone should be able to engage and learn online without fear of being targeted or harassed. While we understand the difficulties in enforcing content moderation, we have grave concerns that the changes announced by Meta will put the LGBTQ+ community in danger both online and off.”
“What’s left of Meta’s hateful conduct policy expressly allows users to bully LGBTQ+ people based on their gender identity or sexual orientation and even permits calls for the exclusion of LGBTQ+ people from public spaces,” she said. “We can expect increased anti-LGBTQ+ harassment, further suppression of LGBTQ+ content, and drastic chilling effects on LGBTQ+ users’ expression.”
Robinson added, “While we recognize the immense harms and dangers of these new policies, we ALL have a role to play in lifting up our stories, pushing back on misinformation and hate, and supporting each other in online spaces. We need everyone engaged now more than ever. HRC isn’t going anywhere, and we will always be here for you.”
As attacks against LGBTQ and especially transgender Americans have ramped up over the past few years in legislative chambers and courtrooms throughout the country, bias-motivated crimes including acts of violence are also on the rise along with homophobic and transphobic hate speech, misinformation, and conspiracy theories that are spread farther and faster thanks to the massive reach of social media platforms and the policies and practices by which the companies moderate user content and design their algorithms.
However ascendant certain homophobic and transphobic ideas might be on social media and in the broader realm of “political and religious discourse,” homosexuality and gender variance are not considered mental illnesses in the mainstream study or clinical practice of psychiatry.
The American Psychiatric Association removed homosexuality from its internationally recognized Diagnostic and Statistical Manual of Mental Disorders more than 50 years ago and more than 30 years ago erased “transsexualism” to use “gender identity disorder” instead before switching to “gender dysphoria” in 2013. These changes were meant to clarify the distinction between the patient’s identity as trans and the ego-dystonic distress experienced in many cases when one’s birth sex differs from one’s gender identity.
Research has consistently shown the efficacy of treating gender dysphoria with gender-affirming health interventions ā the psychiatric, medical, and surgical care that can bring patients’ brains and bodies into closer alignment with their self-concept while reducing the incidence of severe depression, anxiety, self-harm behavior, and suicide.
Just like slandering LGBTQ people as sick or sexually deviant, the pathologization of homosexuality and gender variance as disordered (or linked to different mental illnesses that are actually listed in the DSM) is not new, but rather a revival of a coarser homophobia and transphobia that until the recent past was largely relegated to a time well before queer people had secured any meaningful progress toward legal, social, and political equality.
Wednesday’s announcement by Meta marked just the latest move that seems meant to ingratiate the tech giant with President-elect Donald Trump and curry favor with his incoming administration, which in turn could smooth tensions with conservative lawmakers who have often been at odds with either Facebook, Instagram, and Zuckerberg ā who had enjoyed a close relationship with the Obama White House and over the years has occasionally championed progressive policies like opposing mass deportations.
Public signs of reconciliation with Trump began this summer, when Meta removed restrictions on his Facebook and Instagram accounts that were enacted following the Jan. 6 insurrection at the U.S. Capitol.
In the months since, the company has continued cozying up to Trump and Republican leaders in Washington, including with Tuesday’s announcement that Meta platforms will no longer use professional fact checking, among other policy changes that mirror those enacted by Elon Musk after he took over Twitter in 2022, changed its name to X, and created conditions that have allowed hate and misinformation to proliferate far more than ever before.
In recent months, Musk, the world’s richest man, has emerged as one of the president-elect’s fiercest allies, spending a reported $277 million to support his presidential campaign and using his platform and influence to champion many of the incoming administration’s policy priorities, including efforts to target the trans community.
Last month, Zuckerberg and Apple CEO Tim Cook each donated $1 million to Trump’s inaugural committee, with Amazon founder Jeff Bezos and OpenAI’s Sam Altman each reportedly pledging matching contributions.