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Trans victims of workplace bias find relief in historic decisions

First time EEOC has investigated and ruled for a trans employee

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Mia Macy, gay news, Washington Blade
Mia Macy, gay news, Washington Blade

The Justice Department has awarded Mia Macy relief on the basis that she was discriminated against by ATF because she’s transgender. (Screen capture from a Center for American Progress video).

Transgender victims of workplace discrimination are for the first time finding restitution in a pair of decisions handed down from the federal government finding anti-trans job bias at two institutions — one a federal contractor, the other an arm of the U.S. government.

The two decisions — first reported by Buzzfeed — are the result of the U.S. Equal Employment Opportunity Commission, which is charged with enforcing laws against workplace discrimination, finding last year in a historic, unanimous decision transgender workplace discrimination amounts to gender discrimination under Title VII of the Civil Rights Act.

One of the decisions is the culmination of litigation in that very case, known as Macy v. Holder, was initiated by the Transgender Law Center after the plaintiff was told she wouldn’t receive a job at the Bureau of Alcohol, Tobacco, Firearms & Explosives’s crime laboratory in Walnut Creek, Calif., after she announced she would transition from male to female.

On July 8, the Department of Justice — to which the case was remanded after the EEOC made its decision last year — issued a final decision finding Macy indeed faced discrimination when she applied for the position and awarding her relief.

“[T]his office finds that the ATF discriminated against complainant based on her transgender status, and thus her sex, when it stopped complainant’s further participation in the hiring process for the NIBIN Ballistics Forensics Technician Laboratory position,” the decision states.

After applying for the job, Macy was told in January 2011 that she would receive a position at the laboratory. But after she disclosed in March 2011 she would transition from male to female, the contractor informed Macy the position was cut. Later, she was told someone else was awarded the job.

The 51-page decision — which was signed by Complaint Adjudication Officer Mark Gross and Complaint Adjudication Office Attorney Carl Taylor — lays out several terms for relief in the Macy case.

First, the Justice Department says ATF within 60 days of the decision must offer Macy that job she was seeking at the Walnut Creek factory and award her back pay and benefits — with interest — for the period between April 2011 to January 2012.

Additionally, the Justice Department says ATF must take corrective action to ensure future discrimination never occurs again; award Macy compensatory damages for any injuries she may have received; refund Macy her attorney’s fees; and post a notice within 30 days consistent with employment law.

In the other case, another transgender victim of workplace discrimination this week reached a settlement in a case filed against a Maryland federal contractor, according to the LGBT groups Freedom to Work and Lambda Legal, which represented the plaintiff in the case.

Little information is public about this case because the groups agreed as part of the settlement to withhold the amount won in damages, the name of the plaintiff and the name of the federal contractor.

However, the groups did disclose the nature of the discrimination the victim suffered, which included physical and verbal harassment over a two-year period and name-calling such as being called “tranny,” “drag queen” and “faggot.”  According to the groups, the case moved forward after the EEOC reviewed the case and, in September 2012, issued a letter finding there was reasonable cause to believe the contractor engaged in transgender discrimination.

Tico Almeida, president of Freedom to Work, applauded EEOC for conducting a thorough examination that led to the victory for the alleged victim of transgender workplace discrimination.

“Coming just a few months after the EEOC issued its historic decision that transgender people are protected by Title VII of the Civil Rights Act, the EEOC’s reasonable cause determination in this case is, to our knowledge, the first time in history that the EEOC has investigated allegations of anti-transgender harassment and ruled for the transgender employee,” Almeida said. “This case shows that the EEOC takes very seriously its role in protecting LGBT Americans’ freedom to work.”

Since the Employment Non-Discrimination Act isn’t law and Maryland has no statewide protections against anti-transgender discrimination, Title VII was the only way for the plaintiff in the case to seek legal restitution in response to the discrimination she faced. If President Obama signed an executive order prohibiting anti-LGBT workplace among federal contractors, that could have provided another source of relief, but the White House continues to withhold that directive.

Greg Nevins, supervising senior staff attorney in Lambda Legal’s Southern Regional Office in Atlanta, said the case demonstrates more action is needed at the federal level to protect workers from anti-LGBT discrimination.

“We need action by the 113th Congress to pass the Employment Nondiscrimination Act, and even more immediately, President Obama should sign the executive order banning LGBT discrimination by companies that profit from federal contracts,” Nevins said. “That executive order should have broad support across the political spectrum, since federal dollars should neither fund discrimination nor go to employers whose personnel and productivity suffer because discrimination and harassment are tolerated.”

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Congress

51 lawmakers sign letter to Rubio about Andry Hernández Romero

U.S. Rep. Robert Garcia (D-Calif.) spoke about gay Venezuelan asylum seeker

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

Forty nine members of Congress and two U.S. senators, all Democrats, signed a letter Monday to Secretary of State Marco Rubio demanding information about Andry Hernández Romero, a gay Venezuelan national who was deported to El Salvador and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT

“We are deeply concerned about the health and wellbeing of Mr. Hernández Romero, who left
Venezuela after experiencing discriminatory treatment because of his sexual orientation and
opposition to Venezuela’s authoritarian government,” the lawmakers wrote. They urged the State Department to facilitate his access to legal counsel and take steps to return him.

After passing a credible fear interview and while awaiting a court hearing in March, agents with U.S. Immigration and Customs Enforcement reportedly transported Hernández out of the U.S. without due process or providing evidence that he had committed any crime.

In the months since, pressure has been mounting. This past WorldPride weekend in Washington was kicked off with a rally in front of the U.S. Supreme Court and a fundraiser, both supporting Hernández and attended by high profile figures including members of Congress, like U.S. Rep. Mark Takano (D-Calif.)

U.S. Rep. Robert Garcia (D-Calif.) was among the four members who wrote to Rubio about Hernández in April. On Friday, he spoke with the Washington Blade before he and his colleagues, many more of them this time, sent the second letter to Rubio.

“There’s a lot of obviously horrible things that are happening with the asylum process and visas and international students and just the whole of our value system as it relates to immigration,” he said, which “obviously, is under attack.”

“Andry’s case, I think, is very unique and different,” the congressman continued. “There is, right now, public support that is building. I think he has captured people’s attention. And it’s growing — this is a movement that is not slowing down. He’s going to be a focal point for Pride this year. I mean, I think people around the world are interested in the story.”

Garcia said he hopes the momentum will translate to progress on requests for proof of life, adding that he was optimistic after meeting with Hernández’s legal team earlier on Friday.

“I mean, the president, Kristi Noem, Marco Rubio — any of these folks could could ask to see if just he’s alive,” the congressman said, referring to the secretary of Homeland Security, whom he grilled during a hearing last month. ICE is housed under the DHS.

“People need to remember, the most important part of this that people need to remember, this isn’t just an immigration issue,” Garcia noted. “This is a due process issue. This is an asylum case. We gave him this appointment. The United States government told him to come to his appointment, and then we sent him to another country, not his own, and locked him up with no due process. That’s the issue.”

Garcia said that so far neither he nor his colleagues nor Hernández’s legal team were able to get “any answers from the administration, which is why we’re continuing to advocate, which is why we’re continuing to reach out to Secretary Rubio.”

“A lot more Democrats are now engaged on this issue,” he said. U.S. Sens. Adam Schiff and Alex Padilla, both from California, joined Monday’s letter. “The more that we can get folks to understand how critical this is, the better. The momentum matters here. And I think Pride does provide an opportunity to share his story.”

Asked what the next steps might be, Garcia said “we’re letting his legal team really take the lead on strategy,” noting that Hernández’s attorneys have “already engaged with the ACLU” and adding, “It’s very possible that the Supreme Court could take this on.”

In the meantime, the congressman said “part of our job is to make sure that that people don’t forget Andry and that there is awareness about him, and I think there’s a responsibility, particularly during WorldPride, and during Pride, all throughout the month — like, this is a story that people should know. People should know his name and and people should be aware of what’s going on.”

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Congress

Wasserman Schultz: Allies must do more to support LGBTQ Jews

A Wider Bridge honored Fla. congresswoman at Capital Jewish Museum on Thursday

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U.S. Rep. Debbie Wasserman Schultz (D-Fla.) speaks at the Capital Jewish Museum in D.C. on June 5, 2025, after A Wider Bridge honored her at its Pride event. (Washington Blade photo by Michael K. Lavers)

Florida Congresswoman Debbie Wasserman Schultz on Thursday said allies need to do more to support LGBTQ Jewish people in the wake of Oct. 7.

“Since Oct. 7, what has been appalling to me is that LGBTQ+ Jewish organizations and efforts to march in parades, to be allies, to give voice to other causes have faced rejection,” said the Florida Democrat at the Capital Jewish Museum in D.C. after A Wider Bridge honored her at its Pride event.

Wasserman Schultz, a Jewish Democrat who represents Florida’s 25th Congressional District in the U.S. House of Representatives, added the “silence of our allies … has been disappointing.”

“It makes your heart feel hollow and it makes me feel alone and isolated, which is why making sure that we have spaces that we can organize in every possible way in every sector of our society as Jews is so incredibly important,” she said.

The Israeli government says Hamas militants on Oct. 7, 2023, killed roughly 1,200 people, including upwards of 360 partygoers at the Nova Music Festival, when it launched a surprise attack on the country. The militants also kidnapped more than 200 people on that day.

The Hamas-controlled Gaza Health Ministry says Israeli forces have killed nearly 55,000 people in the enclave since Oct. 7. Karim Khan, the International Criminal Court’s chief prosecutor, has said Israeli Prime Minister Benjamin Netanyahu and former Hamas leader Yahya Sinwar, who the Israel Defense Forces killed last October, are among those who have committed war crimes and crimes against humanity in Gaza and Israel.

A Wider Bridge is a group that “advocates for justice, counters LGBTQphobia, and fights antisemitism and other forms of hatred.”

Thursday’s event took place 15 days after a gunman killed two Israeli Embassy employees — Yaron Lischinsky and Sarah Milgrim — as they were leaving an event at the Capital Jewish Museum.

Police say a man who injured more than a dozen people on June 1 in Boulder, Colo., when he threw Molotov cocktails into a group of demonstrators who were calling for the release of the remaining Israeli hostages was yelling “Free Palestine.” The Associated Press notes that authorities said the man who has been charged in connection with the attack spent more than a year planning it.

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Sen. Schiff proposes resolution urging DOD not to rename U.S. Naval Ship Harvey Milk

Pentagon reportedly plans to change the name of ship named for gay rights icon

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U.S. Sen. Adam Schiff (D-Calif.) (Washington Blade photo by Michael Key)

U.S. Sen. Adam Schiff (D-Calif.) on Thursday introduced a resolution urging the U.S. Department of Defense not to rename ships that bear the names of civil rights leaders like gay rights pioneer Harvey Milk.

The move comes just after reports on Tuesday that U.S. Defense Secretary Pete Hegseth had ordered U.S. Navy Secretary John Phelan to rename the U.S. Naval Ship Harvey Milk, with an announcement deliberately planned for Pride month on June 14.

The vessel, a replenishment oiler, is part of the John Lewis class fleet. The Pentagon is also considering renaming other ships in the fleet including the USNS Thurgood Marshall, USNS Ruth Bader Ginsburg, and USNS Harriet Tubman, according to CBS News.

“By naming these ships,” Schiff wrote in his resolution, “the United States Navy has appropriately celebrated notable civil rights leaders and their legacy in promoting a more equal and just United States.”

Milk was assassinated in 1978 while serving on the San Francisco Board of Supervisors. Prior to his election to the Senate last year, Schiff represented California districts in the U.S. House since 2001.

Part one of his resolution “strongly supports the naming of John Lewis-class fleet replacement oilers after the aforementioned civil rights leaders as a fitting tribute to honor their contributions to the advancement of civil rights,” while part two “strongly encourages the Department of Defense not to take any action to change the names.”

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