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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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DeSantis stumbles into 2024 race with chaotic, disorganized announcement

Fla. governor defended the state’s anti-LGBTQ policies

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Florida Gov. Ron DeSantis (Photo courtesy of DeSantis' office)

More than 300,000 Twitter users were logged in at 6 p.m. ET on Wednesday to hear Republican Florida Gov. Ron DeSantis begin his 2024 presidential campaign in an announcement address featuring the social media platform’s owner, Elon Musk.

Moments after moderator David Sacks kicked off their conversation, however, the audio cut out due to technical glitches that persisted for nearly half an hour as the event was steadily hemorrhaging listeners.

Those who joined or rejoined the event at various times after about 6:30 p.m. ET might be forgiven for thinking the topic was Musk rather than DeSantis, who is widely considered the candidate likeliest to unseat former President Donald Trump as the Republican Party’s frontrunner for the nomination.

At one point, for instance, U.S. Rep. Thomas Massie (R-Ky.) entered the chat to tell the polarizing billionaire tech entrepreneur, “I’m one of your biggest fans” and brag, “I’m one of the first members of Congress to own a Tesla,” the electric carmaker founded by Musk.

Following reports on Tuesday of DeSantis’ unorthodox plans to announce his run for president, pundits saw a golden opportunity for the Florida governor to generate buzz around his campaign, which seemed to lose momentum leading up to its official launch.

Responding to questions from Sacks, DeSantis defended Florida’s spate of anti-LGBTQ policies, like last year’s “Don’t Say Gay” law, which criminalizes classroom discussion of LGBTQ subjects and, earlier this month, was broadened to cover more grade levels.

LGBTQ groups, Democratic Florida lawmakers, and other critics argue the law was written with discriminatory intent, to create a chilling effect that will discourage educators from creating welcoming environments for LGBTQ students.

Disney came out against the measure, kicking off an ongoing spat with DeSantis, who said on Wednesday that the company “obviously supported injecting gender ideology in elementary school.”

The governor also objected to what he characterized as the media’s misleading coverage of Florida’s adoption of policies restricting the educational materials made available in schools.

LGBTQ groups air objections to DeSantis’ presidential run

In advance of Wednesday’s conversation with Musk, DeSantis filed paperwork with the Federal Election Commission formally declaring his plans to enter the race as LGBTQ and other civil rights advocacy groups registered their objections to his candidacy as well as to Florida’s policies under his leadership.

“Dangerously out of step with average Americans’ views on freedom and equality, DeSantis has weaponized his position as governor to target and punish anyone he considers his political enemy, including LGBTQ+ families,” Human Rights Campaign President Kelley Robinson said in a statement Wednesday.

Following Tuesday’s statement from the LGBTQ Victory Fund, which called DeSantis a “transphobic bigot” who has “no place in government — let alone the White House,” the LGBTQ Victory Institute on Wednesday said his entry into the race is “bad news for America — and even worse for anyone who’s part of a community he’s targeted while in office as governor.”

Over the weekend, the NAACP issued a travel advisory for Florida because of “DeSantis’ aggressive attempts to erase Black history and to restrict diversity, equity and inclusion programs in Florida schools.”

HRC and Equality Florida followed suit on Tuesday with a jointly issued travel notice that cites the potential impact of the state legislature’s recent passage of six anti-LGBTQ bills, several of which have already been signed into law.

White House Press Secretary Karine Jean-Pierre declined to specifically address the travel advisories during Tuesday’s press conference, but said Florida Republicans “have attacked diversity. They’ve attacked inclusion efforts. They’ve limited the teaching of Black history. And they’ve launched attacks on the LGBT youth, immigrants, educators and women’s reproductive freedom.”

“That’s what you have seen from lawmakers in Florida,” Jean-Pierre said, adding that the Biden-Harris administration will “continue to speak out against discriminatory policies.”

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DeSantis to announce presidential bid in a live conversation Wednesday with Elon Musk

Victory Fund denounces Florida guv as ‘transphobic bigot’

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Florida Gov. Ron DeSantis (R) (Screenshot/YouTube)

Florida Gov. Ron DeSantis (R) will reportedly announce plans to run for president in 2024 during a live conversation with Elon Musk Wednesday evening on Twitter Spaces.

The unorthodox move might generate renewed interest in DeSantis, who was long expected to enter the primary race against former President Donald Trump, the Republican frontrunner, but seemed to lose momentum as the official launch of his campaign drew nearer.

It also comes on the heels of DeSantis signing last week a slate of anti-LGBTQ bills including an expansion of Florida’s “Don’t Say Gay” law, which criminalizes classroom discussion of LGBTQ subjects.

Musk, who has a trans daughter from whom he has been estranged, has expressed his affinity for DeSantis in the past while also courting other public figures known for expressing transphobic views, such as the comedian Dave Chappelle.

The polarizing and often pugilistic billionaire was widely blamed for allowing anti-LGBTQ and especially transphobic abuse to proliferate on Twitter since he purchased the social media platform last year.

On Twitter, Musk has occasionally complained about or mocked the use of personal pronouns by trans and nonbinary people, and he was widely criticized last year for promoting a false and baseless anti-LGBTQ conspiracy about the violent attack on Paul Pelosi.

The LGBTQ Victory Fund denounced DeSantis’s candidacy on Tuesday ahead of his announcement, writing, “Transphobic bigots like Ron DeSantis have no place in government, let alone the White House,” the LGBTQ Victory Fund wrote in a statement issued Tuesday.

“Not only does Governor DeSantis’ appalling record against LGBTQ+ people and communities of color disqualify him from the Presidency, the rhetoric he will spew on the campaign trail as he and Donald Trump race to the bottom will have long-term consequences for our community and LGBTQ+ kids in particular.

“LGBTQ+ leaders are our best defense against hate, which is why his announcement is a rallying cry to the LGBTQ+ community and our allies that we must redouble our efforts to elect pro-choice LGBTQ+ candidates in 2023 and 2024. On Election Day, our message must be resounding: we are not going back.”

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Anti-LGBTQ Republican Sen. Tim Scott enters 2024 presidential race

Opposes marriage equality, compares homosexuality to adultery

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U.S. Sen. Tim Scott (R-S.C.) (Washington Blade photo by Michael Key)

Republican U.S. Sen. Tim Scott (S.C.), who filed paperwork on Friday with the Federal Election Commission to run for president in 2024, kicked off his campaign for the GOP primary with an announcement address Monday morning in Charleston.

The only Black Republican member serving in the Senate, Scott developed a strident anti-LGBTQ record since entering national politics in 2010 with his first election to the House, during which time he told Newsweek homosexuality is a “morally wrong choice, like adultery.”

Today, Scott remains opposed to same-sex marriage, writing on his Senate bio that South Carolinians “have voted overwhelmingly to protect the traditional definition of marriage, and I stand with their decision.”

Last year, Scott cosigned a letter with 20 other Senate Republicans urging the GOP caucus to oppose the Respect for Marriage Act unless it contained provisions allowing for discrimination against LGBTQ couples. Scott, 57, is single and never married, which has led to some speculation about his sexual orientation.

In February, with GOP Sen. Rick Scott of Florida, Scott introduced legislation that would cut funding for any elementary or middle school in the country that changes a student’s pronouns, gender markers, or access to sex-based accommodations like locker rooms without first obtaining consent from their parents or legal guardians.

Having developed a reputation as a fiscal and social conservative who is well-liked by his Republican Senate colleagues, Scott hopes to build a coalition of establishment types and evangelical conservatives who are skeptical or critical of the party’s 2024 frontrunner, former President Donald Trump.

According to Vox, Scott is polling around 1 percent, but he will be able to transfer $22 million from his Senate campaign coffers to help fund his presidential bid and has begun aggressively buying up television ads in early primary states as campaigns get underway in the next few months.

The junior senator from South Carolina will face off against the state’s former Republican governor, Nikki Haley, who served as ambassador to the United Nations during the Trump administration. Haley, who appointed Scott to fill the Senate seat vacated by Jim DeMint in 2012, announced her bid for president in February.

Caitlin Byrd, senior politics reporter for the Post and Courier, noted on Twitter that South Carolina Democrats are broadcasting mobile billboards that echo the same arguments they used to oppose Haley’s candidacy, seeking to portray the candidates’ platforms as indistinguishable from Trump’s.

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