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

NCTE 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.

EEOC Files Groundbreaking Cases on Behalf of Trans Workers

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.

Dept. of Labor Affirms Trans Discrimination Protections

The National Center for Transgender Equality (NCTE) welcomes policy clarifications by the Department of Labor in their ongoing effort to end anti-transgender bias and discrimination in their programs. Department of Labor Secretary Tom Perez announced forthcoming clarification to their nondiscrimination protections declaring that anti-transgender discrimination violates Title VII sex discrimination law and is illegal.

Labor Secretary Tom Perez said, “These changes reflect current law. In Macy v. Holder, for example, the Equal Employment Opportunity Commission concluded that discrimination because a person is transgender is sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The Office of Federal Contract Compliance Programs and Civil Rights Center, along with the Employment and Training Administration, will issue guidance to make clear that discrimination on the basis of transgender status is discrimination based on sex. ”

In a statement to the Washington Blade, NCTE Executive Director Mara Keisling said, “With the impending signing of the President’s two gender identity executive orders, we are very pleased that Secretary Perez agrees with us on the need to publicly clarify the law that the Department enforces.”

NCTE welcomes Philadelphia settlement with trans worker, lauds feds for supporting case

The National Center for Transgender Equality (NCTE) welcomes the news that the City of Philadelphia has finally settled a federal anti-bias lawsuit brought by city library worker Bobbie Burnett. Ms. Burnett was subjected to years of workplace harassment and other discrimination after she transitioned on the job in 2002. Managers allegedly restricted her use of women’s restrooms on the job, gave her undesirable job assignments, limited her contact with the public, and disciplined her for frivolous reasons.

Last month, the U.S. Department of Justice (DOJ) filed a brief in federal district court supporting Ms. Burnett’s case and arguing that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on transgender status or gender transition. This filing is the latest signal that Federal Justice officials are taking the same position as the Departments of Education, Housing and Urban Development, and Health and Human Services, and the US Equal Employment Opportunity Commission: that federal sex discrimination laws protect transgender people.