Win for Civilian Army Worker: Agency Says Restroom Restriction, Mis-Gendering Was Discrimination

October 27, 2014

Tamara-LusardiNCTE applauds the Transgender Law Center and Tamara Lusardi in obtaining a decision from the U.S. Office of Special Counsel (OSC) found that the Department of the Army engaged in unlawful discrimination of Ms. Tamara Lusardi and ordered corrective action on her behalf.

Ms. Tamara Lusardi is a disabled veteran who transitioned in 2010. She works at the U.S. Army Aviation and Missile Research, Development and Engineering Center (AMRDEC) as a Software Quality Assurance Specialist. After Ms. Lusardi transitioned on the job, her supervisor would purposely mis-gender her and would repeatedly refer to her as “sir” and “he.” Furthermore Ms. Lusardi was asked to agree that she could only use a single-use restroom and not use the same restrooms as other female employees.

U.S. Office of Special Counsel (OSC) found that the mis-gendering by her supervisor and the restrictions put on Ms. Lusardi constituted unlawful discrimination based on a factor unrelated to job performance, in violation of federal civil service law. OSC said that these action likely also violated Title VII, the law against sex discrimination in the workplace. The Department of the Army has agreed to provide LGBT sensitivity training to employees and supervisors at the AMRDEC facility.

Today’s action by OSC is one more milestone showing that not only that transgender workers have recourse against discrimination, but that recourse extends to practices that deny an employee’s gender identity and make it impossible to come to work as who they are.

NCTE is currently working with the US Equal Employment Opportunity Commission (EEOC), the Department of Labor, and other agencies to strengthen workplace protections for trans people.

Federal employees, and anyone else facing discrimination at work, should consult NCTE’s “Transgender Federal Workers: Your Workplace Rights” resource to find out how to file a complaint and get legal help.


Despite Some Progress in Airport Security, Bigger Changes Needed

October 23, 2014

In September 2014, National Center for Transgender Equality (NCTE) was one of three stakeholder organizations to receive a Transportation Security Administration (TSA) “Community Partner” award. NCTE Director of Policy Harper Jean Tobin accepted the award on behalf of NCTE for our education and training of TSA personnel on transgender rights and concerns, and to press for less invasive approaches to airport security.

While TSA will not share details of their “standard operating procedures,” it is clear that NCTE’s advocacy has resulted in some refinements over the years. These changes, along with the move away from officers viewing individual body scans to an automated system where officers view only a generic “Gumby” outline , mean we hear fewer stories of bad TSA experiences each month than in the past. As TSA has rolled out its Passenger Support Specialist (PSS) program, NCTE has directly worked with TSA to present transgender online trainings to several hundred PSS officers.

NCTE Director of Policy Harper Jean Tobin accepts the Transportation Security Administraton's "Community Partner" award.

NCTE Director of Policy Harper Jean Tobin accepts the Transportation Security Administration’s “Community Partner” award.

Unfortunately, less than one week after receiving the award from Administrator Pistole, NCTE heard from our longtime supporter and trans advocate Gunner Scott about a bad TSA experience at JFK airport. Contrary to the procedures TSA established with NCTE’s input, Scott was asked to take off his shirt by TSA personnel after a body scanner read his binder (in this case, an item identical to a sports bra) as an “anomaly.” Like many trans men, Scott runs into binder “anomalies” frequently and this was the second time in two years he’d been asked to remove his shirt.

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The DOJ Must Act: Why Racial and Religious Profiling Rules Can’t Wait

October 20, 2014

BornSuspect_NAACPTrina, a transgender woman of color, is not a stranger to police profiling and harassment. When she was 17 years old, she an officer approached her while she was outside with friends at an LGBT community event in Manhattan’s West Village. Trina complied with the officer’s request to see her ID, and that’s when the officer began calling her a man and a “faggot.” Despite having a clean record, Trina was arrested that night because the officer found two condoms in her purse. The alleged crime was for prostitution and she was sent to the men’s holding area.

Transgender people are frequently profiled by law enforcement officers in the United States. Trina, along with other transgender and LGBT people, were among some of those profiled in an expansive new report by the NAACP called, “Born Suspect: Stop-and-Frisk Abuses & the Continued Fight to End Racial Profiling in America.” Released in September 2014—and in anticipation of action by the Department of Justice to address racial and religious profiling in federal investigations—the report documents and analyzes the effectiveness of racial profiling laws across the country. However, as the report states, “the current status of laws across the fifty states leaves little hope for a meaningful solution” to address racial profiling.

That is why guidelines on the use of racial and religious profiling from the Department of Justice are more important than ever—national standards are needed to ensure law enforcement nationwide remove racism and prejudice in their interactions with all people including transgender people of color.

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EEOC Files Groundbreaking Cases on Behalf of Trans Workers

September 26, 2014

The Equal Employment Opportunity Commission has for the first time used the 1964 Civil Rights Act to file federal lawsuits against two companies for discrimination against transgender people. While the EEOC has interpreted Title VII of the Civil Rights Act to prohibit anti-transgender bias since 2012, today marks the first time the agency has brought lawsuits on behalf of transgender workers.

A first complaint was filed in Michigan on behalf of Amiee Stephens against her former employer R.G. & G.R. Harris Funeral Home, Inc. The EEOC alleges that soon after Ms. Stephens came out at work about her gender transition she was fired for no other reason than for her being transgender.

The second case was filed in Florida on behalf of Brandi Branson against her former employer Lakeland Eye Clinic. The EEOC alleges that following her transition from male to female at work, she was ostracized on the job and the eye doctors that she worked with stopped referring patients to her. Later Branson was let go with the reason stated that her position was being eliminated entirely. Around two months later, however, a replacement was hired. In Branson’s original EEOC complaint she is represented by trans attorney Jillian Weiss.

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1 is 2 Many: Preventing Abuse of Transgender Immigrants in Detention

September 22, 2014

By Julie Kruse, Immigration Project Director, NCTE

The White House rolled out its “It’s on Us” campaign last week to end sexual assault on college campuses. The “1 is 2 Many” video, featuring the President, the Vice President and various celebrities pledging to intervene to stop sexual assault, is very moving and inspiring.

Thirty years ago, I fought to end rampant sexual assault on my college campus. It seemed almost an undercover effort. Sorority members would anonymously tell us of gang rapes they knew were occurring in the Greek system. Since I was an officer of the group organizing against campus rape, the Dean of Students called me at my home, not to ask how we could work together to stop sexual assault, but to ask what was planned at demonstrations. The police increased their patrols of campus – not to stop rape, but to stop the graffiti warnings at campus crime sites that “a person was raped here.”

With news reports routinely emerging now about sexual assaults on campuses, it seems that in thirty years, not much has changed – except that the information, and outrage, is out in the public. Yet now, someone in authority is taking the issue seriously. In April, the Department of Education issued guidance that colleges and schools that do not respond promptly and effectively to sexual violence against students are in violation of Title IX, which prohibits sex discrimination in educational settings. The next day, the Department released a list of colleges and universities under investigation for such violations.

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Andy Cray and His Life’s Work

August 30, 2014

By Lisa Mottet, Deputy Executive Director, NCTE

As so many have expressed, Andy had a tremendous impact on the LGBT movement, even though he was only 28 when he left us this Thursday. He was a quiet force behind many transgender health care wins, but he was also genuinely humble about his impact on the lives of so many people. I first met Andy in 2009 when I got to witness first hand his rise from a wide-eyed and somewhat shy law student hopeful about changing the world into a fierce advocate for transgender health. I am not sure when exactly our relationship changed, but it did; at first he peppered me with questions given my years of trans advocacy—and then there was a shift: suddenly, I would turn to him because of his greater expertise in transgender health advocacy. As activists around the country said they wanted to take on discriminatory healthcare exclusions and get my thoughts, we all sent them straight to Andy. I can’t tell you how proud I felt of him, even though it seems kind of odd to say that of someone who quickly rose from intern to colleague, to close friend.

Now, I’m a detail-oriented person—and so was Andy. In fact, this is one of the qualities I greatly appreciated about him. He used words and facts in a precise way in his day to day work. So, in that vein, I want to share with the world, in a very detailed “Andy-like” way, some examples and themes of Andy’s work life, which is how I know Andy would want to be remembered:

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Andy cut his activist teeth at Northwestern University, where he went to college. He and his friend, Kelsey Pacha, co-founded the Northwestern Gender Protection Initiative in the fall of 2007 to lobby for gender identity and expression to be included in the university’s non-discrimination policy. Of course, in true Andy style, only several months later they achieved success in early 2008. During his college years, Andy was also the Activism Chair of the Rainbow Alliance on campus.

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New Report: Open Trans Military Service “Administratively Feasible”

August 26, 2014

Our colleagues at the Palm Center at San Francisco State University this week issued a new report finding that allowing open military service for transgender people “is administratively feasible and neither excessively complex nor burdensome.” The study, “Report of the Planning Commission on Transgender Military Service,” comes from a commission of experts including three retired Generals and serves as a road map for the U.S. Department of Defense to review their regulations that disallow open transgender military service.

The report comes three months after Defense Secretary Chuck Hagel said he is open to reviewing the regulations that bar transgender people from serving openly, and ahead of the three year anniversary of the repeal of “Don’t Ask, Don’t Tell.”

National Center for Transgender Equality commends the findings of this report and calls on the Defense Department to initiate the review. NCTE is confident that open transgender military service is inevitable and we will continue to work until it is achieved.

Read the report here.


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