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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

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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