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 of 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 in Walnut Creek, Calif., after she announced she was transitioning from male to female. The decision, made unanimously by the commission on a 5-0 vote, 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 the Transgender Law Center, said the significance of the decision is “hard to overstate.”
“Transgender people already face tremendous rates of discrimination and unemployment,” Davis said. “The decision today ensures that every transgender person in the United States will have legal recourse to employment discrimination, and with it a way to safeguard their access to vital employment benefits such as health insurance and retirement savings plans.”
EEOC made the decision after the Obama administration was criticized by many in the LGBT community 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 experienced was painful both personally and financially, and led to the loss of my family’s home to foreclosure, I’m proud to be a part of this groundbreaking decision confirming that our nation’s employment discrimination laws protect all Americans, including transgender people,” Macy said. “I’m grateful for the help of Transgender Law Center, which believed in me from the start and helped guide me through this process. No one should be denied a job just for being who they are.”
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 — 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.
“We 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” and issues an executive order for all LGBT workers at these companies.
The White House
Country’s first nonbinary state lawmaker participates in Gaza ceasefire hunger strike
Oklahoma state Rep. Mauree Turner is Muslim

The country’s first nonbinary state lawmaker last week participated in a hunger strike for a permanent ceasefire in the Gaza Strip that took place in front of the White House.
Oklahoma state Rep. Mauree Turner took part in the 5-day action alongside actress Cynthia Nixon, Virginia state Del. Sam Rasoul, Delaware state Rep. Madinah Wilson-Anton, New York State Assemblymember Zohran Mamdani, Michigan state Rep. Abraham Aiyash, former New York Congressional candidate Rana Abdelhamid, Muslim Girl.com Founder Amani Al-Khatahtbeh, Adalah Justice Project Director of Strategy and Communications Sumaya Awad and Linda Sarsour. The U.S. Campaign for Palestinian Rights, Jewish Voice for Peace, Democratic Socialists of America, IfNotNowMovement, Dream Defenders, the Institute for Middle East Understanding and the American-Arab Anti-Discrimination Committee are the organizations that either participated in the hunger strike or endorsed it.
“This is the place where you should be,” Turner told the Washington Blade on Nov. 30 while they were standing in front of the White House.
Turner is from Ardmore, Okla., and has been a member of the Oklahoma House of Representatives since 2021. They are the first Muslim person elected to the Oklahoma Legislature.
“Oklahoma is no stranger to genocide, displacement, uprooting communities — beautiful, vibrant, vulnerable communities — just because they could,” said Turner, referring to the treatment of Native Americans in what became Oklahoma during the 1800s and early 1900s. “Specifically as a Muslim and as an Oklahoman it is my duty to be here.”
The hunger strike took place nearly two months after Hamas, which the U.S. has designated a terrorist organization, launched a surprise attack against communities in southern Israel from Gaza.
The Israeli government has said roughly 1,200 people have been killed, including at least 260 people who Hamas militants murdered at an all-night music festival in a kibbutz near the border between Israel and Gaza. The Israeli government also says more than 5,000 people have been injured in the country since the war began and Hamas militants kidnapped more than 200 others.
Yarden Roman-Gat, whose gay brother, Gili Roman, spoke with the Washington Blade on Oct. 30 in D.C., is one of the 105 people who Hamas released during a truce with Israel that began on Nov. 24 and ended on Dec. 1.
The Hamas-controlled Gaza Health Ministry says more than 15,000 people have died in the enclave since the war began. Israel after Oct. 7 cut electricity and water to Gaza and stopped most food and fuel shipments.
“It’s absolutely wild to think about what is happening to the Palestinian people in Gaza and in the West Bank,” said Turner.
Turner noted the war began two days before Indigenous Peoples’ Day.
“By October the 10th, when the world was really seeing what was happening in Gaza,” they said. “So many people who had celebrated specifically Indigenous Peoples’ Day had also sided with the Israeli government over the indigenous people of the land.”
‘The death of civilians is absolutely horrible’
Turner in response to the Blade’s question about the Israelis who militants killed on Oct. 7 emphatically said “the death of civilians is absolutely horrible.” Turner added they “cannot stress enough that when we back people into a corner, we don’t know what will happen.”
“The truth of the matter is our governments, our governmental officials do not have to put people in a corner,” said Turner.
Turner was particularly critical of the Israeli government’s actions in Gaza after Oct. 7.
“I don’t think there’s any place where a government has the power to shut off right water, food, healthcare supplies, things like that,” they said. “It’s just in doing so against a population that has 2 million people … that’s not anyone looking for equitability or justice. That is genocide against its people.”
Turner noted Republican Oklahoma Gov. Kevin Stitt continues to publicly support Israeli Prime Minister Benjamin Netanyahu. Turner told the Blade “when we oppress people over decades and decades … we cannot, we don’t get to cherry pick” or “we don’t get to tone police or however they are fighting back to be heard, to be, to live for vibrant lives.”
“We cannot tell oppressed people how to hurt out loud,” they said, specifically referring to Palestinian people. “We can create governments that care for people from a community standpoint who are thinking creatively about how we provide aid and support and we can ask our elected officials (members Congress, President Joe Biden, state and local officials) to teach truth. We can ask them to continuously make sure that we are providing the best care and understanding of the situations at hand. We can ask them to do a ceasefire to stop sending aid to the Israeli government and emboldening their military forces.”
National
Climate change threatens LGBTQ resort communities
Provincetown, Cape Cod, other destinations face ‘existential’ challenge

As the world reckons with worsening impacts of climate change, some LGBTQ communities and destinations are grappling with the “existential” threat posed by the crisis.
The United Nations’ annual climate conference will take place in the United Arab Emirates through Dec. 12. LGBTQ climate activists, however, are concerned about representation at COP28 because the meeting is taking place in Dubai, which is in a country that criminalizes consensual same-sex sexual relations.
President Joe Biden on Nov. 14 delivered a statement on climate change policy during his administration. Biden spoke on the American Rescue Plan, the Fifth National Climate Assessment, new transparency about the state of the country’s climate and more.
Biden emphasized “advancing environmental justice for disadvantaged communities, because they’re the ones always left behind.” Evidence of this trend can be found in LGBTQ destinations across the country.
Julian Cyr, a gay Massachusetts state senator who represents Provincetown and other towns on Cape Cod, recognizes the state’s importance to the LGBTQ community, stating that “according to the Census, it may be the highest per capita density of LGBTQ+ people certainly in the United States, and perhaps internationally.”
Provincetown, a popular gay destination located at the tip of Cape Cod, is facing worsening storms as climate change advances. These storms reshape the natural environment as well as damage the built environment. A series of Nor’easters in 2018 flooded Provincetown, damaging homes, businesses and the town hall.
“The climate crisis is … already forcing us to do a lot of planning and reevaluation of coastal resilience of our built environment,” said Cyr.
All hope isn’t lost yet for Massachusetts destinations.
Then-Gov. Charlie Baker, a Republican, in 2022 introduced the Climate Roadmap, which aims for zero carbon emissions by 2050. The state also is building the country’s first offshore wind farm, Vineyard Wind.
Cyr said citizens can push for climate change legislation by making the urgency known to their local elected officials.
“This is truly existential for coastal, low-lying communities like those that I represent,” said Cyr. “It’s really important that constituents weigh in with their elected officials and make sure that they know that this issue is crucially important. I don’t know how we not solve this issue.”
Experts are seeing similar effects in nearby LGBTQ destinations, such as Cape Cod.
“One thing that we do see already is the effect of storms,” said Mark Adams, a retired Cape Cod National Seashore cartographer. “Those storms are the signal of sea level rise.”
Adams said that as a result of rising temperatures and new, intense storms, he is also starting to see damaged ecosystems, unnatural migration patterns of local wildlife, and planting-zones moving northward. Adams told the Washington Blade these changing ecological relationships may mean an uncertain future for life along the coast: the self-sustaining lifestyle and seafood could be at risk as ocean acidification puts shellfish in danger.
“If you can’t get oysters and clams, that would really change life on Cape Cod,” he said.
In addition to the damage caused by storms, Cape Cod’s natural environment is also facing the threat of littering and plastic pollution. While the area’s beaches keep tourism alive, fishing gear and marine debris washing up on the shore are growing concerns for the community.
Adams said this is where the choices individuals make to avoid plastics will make a huge difference in the future of these communities.
“There are little choices we can make to get off of the petroleum stream,” he said.

Aspen Gay Ski Week adapts to warmer winters
Aspen Gay Ski Week was the first gay ski week, and it is the largest such event in the world, and is the only non-profit gay ski week.
Rising temperatures and short winters are growing concerns for destinations like Aspen, Colo., that depend on snow, according to AspenOUT Executive Director Kevin McManamon.
“As our seasons get shorter … we have to plan for the future,” McManamon said.
Colorado has also faced increased forest fires in recent years.
The Marshall Fire in 2021 devastated the state, destroying buildings and killing two people. Increasingly dry conditions feed into these fires, which will mean more impacts on humans, nature, and infrastructure.
McManamon nevertheless said he is optimistic about Aspen Gay Ski Week’s future due to the organization’s forward thinking. One such initiative is its involvement with Protect Our Winters, an organization that advocates for protecting the environment with the support of the outdoor sports community.
“The cool part about being here in Aspen and having a great relationship with Aspen Skiing Company is that they are … on the leading edge of climate change,” said McManamon.
Stronger storms threaten Fire Island
Fire Island Pines on New York’s Fire Island has been a safe haven for the LGBTQ community since the 1950s.
Fire Island Pines Property Owners’ Association President Henry Robin notes natural disasters cause more damage in the community as opposed to those that are across the Great South Bay on Long Island because Fire Island is a “barrier island.”
“When Superstorm Sandy hit, or when a Nor’easter hits, or a hurricane hits, the brunt of the storm is first taken by the Pines,” said Robin.
Robin said “the Pines is thriving” just over 11 years since Sandy, but there is no climate change response. The federal government implemented a beach restoration project for Fire Island, and later, the U.S. Army Corps of Engineers created an engineered beach for the Pines.
Robin also formed three task forces — comprised of community members — to address local concerns, many of which were climate related, according to focus groups and a survey. Robin is also hoping to introduce recycling programs and solar energy to the Pines.
The White House
US announces additional sanctions for Ugandan officials
Anti-Homosexuality Act signed on May 29

Secretary of State Antony Blinken on Monday announced sanctions against current and former Ugandan officials who committed human rights abuses against LGBTQ people and other groups.
“After Uganda’s flawed 2021 presidential elections, I announced a visa restriction policy targeting those believed to be responsible for, or complicit in, undermining the democratic process in Uganda,” said Blinken in a statement. “At that time, I implored the government of Uganda to significantly improve its record and hold accountable those responsible for flawed electoral processes, violence and intimidation.”
Blinken announced “the expansion of the visa restriction policy to include current or former Ugandan officials or others who are believed to be responsible for, or complicit in, undermining the democratic process in Uganda or for policies or actions aimed at repressing members of marginalized or vulnerable populations.”
“These groups include, but are not limited to, environmental activists, human rights defenders, journalists, LGBTQI+ persons and civil society organizers,” he said. “The immediate family members of such persons may also be subject to these restrictions.”
Blinken added the U.S. “stands by the Ugandan people and remains committed to working together to advance democracy, human rights, public health and mutual prosperity.”
“I once again strongly encourage the government of Uganda to make concerted efforts to uphold democracy and to respect and protect human rights so that we may sustain the decades-long partnership between our countries that has benefited Americans and Ugandans alike,” he said.
Ugandan President Yoweri Museveni on May 29 signed the Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.” The State Department a few weeks later announced visa restrictions against unnamed Ugandan officials.
The Biden-Harris administration in October said it plans to remove Uganda from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The White House has also issued a business advisory for Uganda in response to the Anti-Homosexuality Act.
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