New Rule Codifies Sex Discrimination Protection for Trans Federal Workers

July 25, 2014

Today, the US Office of Personnel Management (OPM) published new regulations that protect transgender federal workers under federal sex discrimination laws. Coming on the heels of an executive order signed by President Obama that made protections for transgender federal workers explicit across the government, the OPM rules makes clear that trans federal workers not only have legal protection but are also entitled to all the same rights and procedures as other workers complaining of sex discrimination. Specifically, the rule states throughout that federal workers are protected from bias based on “sex (including pregnancy and gender identity).”

Though specifically focused on the federal workforce, the rules are another indication of the increasingly solid legal consensus that all banning sex discrimination necessarily ban anti-trans bias. The Department of Education recently issued similar guidance under the federal Title IX law, and the Department of Health and Human Services and the Department of Labor have both announced in recent months that they intend to take a similar approach in forthcoming rules or guidance on job and health care discrimination.

NCTE and other advocates are pressing all of these agencies to provide more detailed guidance on how sex discrimination protect trans people in common situations in schools, workplaces and health care settings.​

Learn more about the workplace rights of federal workers here.


US Dept. of Agriculture Updates Nondiscrimination Regulations

July 25, 2014

Last week, the United States Department of Agriculture (USDA) released an updated version of the nondiscrimination regulations that guide their programs and activities. There were three important changes made to the existing regulations that include: an agency requirement to collect inform on race, ethnicity, and gender for all of its applicants and participants of programs, the establishment of Alternative Dispute Resolution (ADR) services, and the establishment of explicit protection on the basis of political beliefs and gender identity.

NCTE welcomes the explicit nondiscrimination protection on the basis of gender identity USDA operated programs and activities. This added protection sets a clear standards for USDA offices and programs in every state in the nation, and gives customers who believe that they have been discriminated against due to their gender identity a basis upon which to file an administrative complaint. Due to continuing, widespread bias and discrimination, transgender people today face disproportionate levels of poverty, unemployment, homelessness, and victimization. According to the National Transgender Discrimination Survey, nearly one-third of transgender people report having experienced discrimination in a government office or program on at least one occasion. At present, many of the states with large rural communities served by USDA programs are the same states in which there is no explicit statewide nondiscrimination protection, and in which it is most difficult for transgender people to update state-issued identification.

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Win: Maryland Drops Insurance Exclusions for State Employees

July 22, 2014

The National Center for Transgender Equality (NCTE) celebrates a Maryland resolution ending transgender health care exclusions for state employees. The case, brought forward by FreeState Legal, settles a complaint on behalf of Sailor Holobaugh, a transgender state employee who was denied medically necessary care. FreeState filed an Equal Employment Opportunity complaint as well as a complaint with the Maryland Commission on Civil Rights, alleging the denial of health care coverage for a transition-related procedure was discrimination on the basis of gender identity.

Today’s settlement includes reimbursement for the employee’s surgery, but also requires removal of transition-related care exclusions from all state employee health plans. The settlement also creates a new comprehensive Gender Dysphoria Benefit in state employee health plans. The benefit covers all medically necessary transition-related treatment, including hormone replacement therapy and various surgical procedures.

“We applaud Maryland and the administration of Governor O’Malley for becoming the fourth state to ensure coverage of transition-related care for state employees, joining Massachusetts, Oregon and California, along with the District of Columbia,” said National Center for Transgender Equality Executive Director Mara Keisling.  The decision follows enactment of the Fairness for all Marylanders Act earlier this year, explicitly banning discrimination on the basis of gender identity and gender expression in employment, housing, credit, and public accommodations.

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Justice Dept. Calls for End of HIV Criminalization Laws

July 18, 2014

The National Center for Transgender Equality (NCTE) welcomes Monday’s announcement from the U.S. Department of Justice (DOJ) that calls upon states to eliminate or reform their antiquated HIV criminalization laws, which criminalize conduct by HIV-positive individuals that would be legal if they were not HIV-positive or did not know their status. The DOJ’s guidelines, “Best Practices Guide to Reform HIV-Specific Criminal Laws to Align with Scientifically-Supported Factors,” explain how these laws are contrary to the science of HIV today and how these laws harm individuals and public health by reinforcing HIV stigma.

Over the decades, states have enacted or used existing criminal laws and policies, in the name of public health and safety, to effectively criminalize and silence persons living with HIV/AIDS. For example, state laws have been used to prosecute persons living with HIV when they failed to inform consensual sexual partners of their status—regardless of the actual risks involved or the precautions taken. In other examples, individuals have faced serious criminal charges based on actions like spitting that have no real risk of transmitting the virus.

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Update: Repeal of DC Prostitution Free Zones Amendment Act Hearing

July 10, 2014

Yesterday, Wednesday, July 9, the District of Columbia Council’s Committee on the Judiciary and Public Safety held a hearing on the Repeal of Prostitution Free Zones Amendment Act of 2014 (B20-760). The act was introduced by Councilmembers David Grosso, David Catania, and Mary M. Cheh in April following a review of the Metropolitan Police Department (MPD)’s handling of hate crimes. A coalition of LGBT groups, including NCTE, performed this review and followed it up with recommendations for reforms at MPD and to D.C. law, including the repeal of prostitution free zones (PFZs).

During Wednesday’s hearing, Deputy Attorney General for Public Safety Andrew Fois reiterated the Office of the Attorney General (OAG)’s constitutional concerns and added that the office has “doubts about [the PFZ law’s] practical utility.” Fois stated that these misgivings arise from both the high standard of proof that is necessary to show intent to engage in sex work as well as the increasing role of online services in sex work, indicating that both the OAG and the MPD are in favor of the repeal bill.

Prostitution free zones were passed into law in 2006, but after the OAG expressed concerns in early 2012 that they might be unconstitutional, the MPD has avoided designating any space as a PFZ. Though PFZs have not been in use for over two years, organizations like HIPS and the D.C. Trans Coalition strongly support repeal, given that the mere existence of a PFZ law in D.C. enables police profiling and has inspired similar laws in other municipalities around the country

NCTE applauds the OAG’s and the MPD’s support for the repeal act.

Click here to email the DC City Council to tell them why they should repeal Prostitution Free Zones now.

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Unaccompanied LGBT Immigrant Children Caught in Fray of Border Security and Deportation

July 10, 2014

A recently published Mother Jones article highlights the current child refugee crisis in the US, telling the story of the tens of thousands of children from Central America fleeing violence and risking their lives to enter the country without an adult. The piece includes the story of one gay teen, known pseudonymously as Adrián, who fled gang violence in Guatemala, encountering anti-gay attacks along his journey and homophobic abuse in a US shelter.

immigrant youth protest of border security policy

The surge in public attention on child refugees comes in light of President Obama’s call to Congress for $3.7 billion dollars in additional funding to increase border security and resources for processing children and families through deportation proceedings. This humanitarian crisis has many dimensions: the unaddressed causes of the violence in Central America, the urgent need for decent shelter and legal help for these young people, the ugly xenophobic calls to deport them without due process.

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Watch: NCTE Executive Director Mara Keisling Discusses Landmark ID Policy on MSNBC

July 9, 2014

This past weekend, National Center for Transgender Equality (NCTE) Executive Director Mara Keisling joined MSNBC’s Live with Craig Melvin to discuss New York City’s proposed municipal ID law granting driver’s licenses to undocumented New Yorkers. The proposed law also allows anyone applying for an ID to self-identify their gender—a landmark policy that allows transgender people to avoid outdated and burdensome medical requirements that have barred many transgender people access to accurate ID.

The 2011 National Transgender Discrimination Survey found that 41% of respondents live without ID that matches who they are, creating barriers to accessing bank accounts, educational loans, voting, or even securing a job. Often as a consequence of the inability to access ID, transgender New Yorkers face economic instability at high rates: 19% of transgender New Yorkers had a household income of $10,000 or less, compared to only 4% of the general population, which is almost five times the rate of poverty.

NCTE Executive Director, Mara Keisling, on MSNBC's Craig Melvin Show

NCTE Executive Director, Mara Keisling, on MSNBC Live with Craig Melvin

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