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Trans worker wins $50K in settlement over job bias

McCreery finds relief under determination that Title VII covers trans employees

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Cori McCreery, gay news, Washington Blade, Lambda Legal, Equal Employment Opportunity Commission, EEOC
Cori McCreery, gay news, Washington Blade, Lambda Legal, Equal Employment Opportunity Commission, EEOC

Cori McCreery won a $50,000 settlement from her former employer after she was terminated for being transgender (Photo courtesy of Lambda Legal).

A transgender victim of workplace discrimination in South Dakota has won the maximum possible amount of $50,000 in damages as the result of a settlement she reached with her former employer.

Cori McCreery, 29, worked as a store clerk for the local grocery chain known as Don’s Valley Market in Rapid Valley, S.D. Although she was promoted in 2010, she was terminated after she announced she would transition. Lambda Legal filed suit on her behalf in March 2012.

The settlement, announced by Lambda on Monday, was backed by the U.S. Equal Opportunity Employment Commission and includes $50,000, which is the maximum statutory amount for a business with fewer than 100 employees.

Additionally, the settlement includes public notice on the EEOC website, public notice on the workplace bulletin board, a mandatory policy in the workplace on workplace protections, a yearly three-hour all-staff mandatory training on workplace protections, as well as a letter of apology and letter of recommendation for McCreery.

Dru Levasseur, Lambda’s transgender rights project director, said the settlement is “a strong statement” from the EEOC that transgender workplace discrimination won’t be tolerated.

“The days of firing people on the basis of their gender identity or gender expression have passed,” Levasseur said. “The EEOC has demonstrated clear support, and we anticipate more victories for transgender and gender nonconforming people.”

Julie Schmid, acting director of the EEOC’s Minneapolis Area Office, which handled the investigation, said employers must realize anti-trans bias in the workplace is a liability.

“Employers need to be made aware that their personal myths, fears, and stereotypes about gender identity can subject them to liability if they act upon them in an employment setting,” Schmid said.

According to Lambda, McCreery was initially given assurances she’d have job security after she announced she’d transition, but was swiftly fired after being told she was “making other employees uncomfortable” and the company had a “7 million dollar investment to protect.”

Cori McCreery, who now works for a company that scores 100 percent on the Human Rights Campaign’s Corporate Equality Index, said she’s “so incredibly thrilled” with the decision.

“This gives me hope,” McCreery said. “The day I was fired, I had no idea what I would do. I now feel a sense of closure and can focus on my future. No one should be fired just because of who they are.”

Don Turner, owner of Don’s Valley Market, told the Washington Blade he’ll comply with the terms of the settlement, but declined further comment.

Lambda filed suit on behalf of McCreery in March 2012 on the basis that transgender workplace discrimination amounted to gender discrimination under Title VII of the Civil Rights Act of 1964. The next month in April 2012, the EEOC ruled transgender discrimination was indeed prohibited under current law as the result of another case, Macy v. Holder. That laid the groundwork for a settlement forinMcCreery’s case.

Chai Feldblum, the lesbian EEOC commissioner credited with leading the way for the Macy decision, also responded to the McCreery settlement.

“Individuals need to be treated on their merits,” Feldblum said. “I am glad that EEOC staff was available to help this hard-working individual.”

The first two transgender victims of workplace bias who publicly announced they won relief under this interpretation of the law are Mia Macy, the plaintiff in the Macy case, as well as another transgender employee in Maryland whose named wasn’t publicly disclosed.

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Congress

House passes reconciliation with gender-affirming care funding ban

‘Big Beautiful Bill’ now heads to the Senate

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael. Key)

The Republican-led U.S. House of Representatives on Thursday voted 215-214 for passage of the “One Big Beautiful Bill Act” reconciliation package, which includes provisions that would prohibit the use of federal funds to support gender-affirming care.

But for an 11th hour revision of the bill late Wednesday night by conservative lawmakers, Medicaid and CHIP would have been restricted only from covering treatments and interventions administered to patients younger than 18.

The legislation would also drop requirements that some health insurers must cover gender-affirming care as an “essential health benefit” and force states that currently mandate such coverage to find it independently. Plans could still offer coverage for transgender care but without the EHB classification patients will likely pay higher out of pocket costs.

To offset the cost of extending tax cuts from 2017 that disproportionately benefited the wealthiest Americans, the reconciliation bill contains significant cuts to spending for federal programs like Medicaid and the Supplemental Nutrition Assistance Program.

The Human Rights Campaign criticized House Republicans in a press release and statement by the group’s president, Kelley Robinson:

“People in this country want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers voted to give  handouts to billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.

“If the cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics weren’t devastating enough, House Republicans added a last minute provision that expands its attacks on access to best practice health care to transgender adults.

“This cruel addition shows their priorities have never been about lowering costs or expanding health care access–but in targeting people simply for who they are. These lawmakers have abandoned their constituents, and as they head back to their districts, know this: they will hear from us.”

Senate Republicans are expected to pass the bill with the budget reconciliation process, which would allow them to bypass the filibuster and clear the spending package with a simple majority vote.

Changes are expected as the bill will be reviewed and amended by committees, particularly the Finance Committee, and then brought to the floor for debate — though modifications are expected to focus on Medicaid reductions and debate over state and local tax deductions.

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Congress

Gerry Connolly dies at 75 after battle with esophageal cancer

Va. congressman fought for LGBTQ rights

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U.S. Rep. Gerry Connolly (D-Va.) speaks at a Barack Obama rally on Oct. 19, 2012. (Washington Blade photo by Michael Key)

Democratic U.S. Rep. Gerry Connolly of Virginia died on Wednesday, according to a statement from his family.

The 75-year-old lawmaker, who served in Congress since 2009, announced last month that he will not seek reelection and would step down from his role as the top Democrat on the powerful U.S. House Oversight Committee because his esophageal cancer had returned.

“We were fortunate to share Gerry with Northern Virginia for nearly 40 years because that was his joy, his purpose, and his passion,” his family said in their statement. “His absence will leave a hole in our hearts, but we are proud that his life’s work will endure for future generations.”

“He looked out for the disadvantaged and voiceless. He always stood up for what is right and just,” they said.

Connolly was memorialized in statements from colleagues and friends including House Democratic Leader Hakeem Jeffries (N.Y.), Republican House Speaker Mike Johnson (La.), former President Joe Biden, and U.S. Rep. Jamie Raskin (D-Md.).

Several highlighted Connolly’s fierce advocacy on behalf of federal workers, who are well represented in his northern Virginia congressional district.

The congressman also supported LGBTQ rights throughout his life and career.

When running for the Fairfax County Board of Supervisors in 1994, he fought the removal of Washington Blade newspapers from libraries. When running in 2008 for the U.S. house seat vacated by Tom Davis, a Republican, Connolly campaigned against the amendment to Virginia’s constitution banning same-sex marriage and civil unions in the state.

In Congress, he supported the repeal of “Don’t Ask, Don’t Tell,” the U.S. Supreme Court’s ruling on marriage equality, the Biden-Harris administration’s rescission of the anti-trans military ban, and the designation within the State Department of a special LGBTQ rights envoy. The congressman also was an original cosponsor of the Equality Act and co-sponsored legislation to repeal parts of the Defense of Marriage Act.


 

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Marjorie Taylor Greene’s bill to criminalize gender affirming care advances

Judiciary Committee markup slated for Wednesday morning

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) (Washington Blade photo by Michael Key)

U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.

Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.

LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”

Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.

Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”

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