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Senate Hearing Underscores Need for Discrimination Protections for LGBT Workers

Last week, the Senate HELP Committee (that’s Health, Education, Labor, & Pensions) held a hearing on an important piece of bipartisan legislation, the Employment Non-Discrimination Act (ENDA), which would provide lesbian, gay, bisexual, and transgender (LGBT) individuals with long overdue protection against discrimination in the workplace. Specifically, ENDA would prohibit employment discrimination on the basis of sexual orientation and gender identity in both public and private employment (with exemption for small businesses and certain religious employers). Although in certain circumstances, LGBT individuals are currently protected from employment discrimination under the Equal Protection Clause of the U.S. Constitution and Title VII of the Civil Rights Act of 1964, there is no federal law that explicitly prohibits workplace discrimination on the basis of sexual orientation and gender identity.

The HELP Committee hearing provided an important opportunity for advocates, scholars, and business executives to explain their support (and in one case, opposition) of ENDA to members of the Senate. It also marked an historic occasion—Kylan Broadus, Founder of the Trans People of Color Coalition, became the first openly transgender person to testify before the Senate, a milestone that Senator Harkin (and the Washington Blade) noted. Broadus spoke movingly about his experiences as a transgender American and with workplace discrimination, and described his transition as “a matter of living the truth and sharing that truth for the first time in [his] life.” Read more »

Really, GAO? Study Finds Need for More Studies

Last week, the U.S. Government Accountability Office (GAO) released a report on school bullying. Its basic takeaway — indeed, its title — was that the extent of legal protections for vulnerable groups — such as lesbian, gay, bisexual, and transgender (LGBT) students — needs to be more fully assessed. Sure, federal government, study away. But in the meantime, let’s agree this is a problem, understand that tools are already in place that can help address it, and advocate for increased legal protections.

The GAO report noted a lack of data from federal agency surveys on the prevalence of bullying on the basis of sexual orientation and gender identity. But it’s not as if the data doesn’t exist. As the report observes, a 2009 study by GLSEN (the Gay, Lesbian and Straight Education Network) found that nearly 9 out of 10 of the LGBT student respondents had been called names or threatened in the past school year on the basis of their sexual orientation, and two out of three on the basis of their gender expression. And just last week, the Human Rights Campaign released a report on its survey of LGBT-identified youth which found that LGBT youth were twice as likely to have been verbally harassed at school as their non-LGBT peers. I could totally go for a federal study or two, but it seems pretty clear already that this is a serious problem.

And although I can get behind the GAO’s criticism of the lack of data on state law protections for LGBT youth, there are federal protections in place that we know about. Read more »

NWLC’s Weekly Roundup: May 14 – 18

Up ahead in this edition of NWLC’s weekly roundup: a couple international stories along with a look at “best intentions” laws and how they can hurt pregnant women here in America.

First of all, can we take a moment to talk about Valérie Trierweiler, the new first lady of France? She’s already unwittingly endeared herself to some American women – here are just a few of the reasons why:

  • Ms. Trierweiler is one-half of France’s first unmarried presidential couple. Her partner – and newly sworn in French president to boot – is François Hollande.
  • She has no plans to quit working. Instead, she’ll continue her work as a political journalist.
  • Trierweiler is a working mother – she has three teenage sons, and like many working mothers she’s concerned about balancing her career and her family. “I’ve shared the fate of many working mothers, I felt guilty like them,” Trierweiler once said.
  • And the kicker – here’s another quote of hers: “I haven’t been raised to serve a husband. I built my entire life on the idea of independence.”

Of course, it’d be awesome if France’s new president (or any country’s for that matter) were a woman, so that we could celebrate her achievement and not just her status as wife or partner to the male president. But I still think Trierweiler sounds like she’ll be a breath of fresh air in her role as the partner to a head of state. Read more »

NWLC’s Weekly Roundup: May 7 – 11

Welcome to another weekly roundup! First up this week: the Half in Ten campaign’s new video connecting the hugely popular book/movie series The Hunger Games with cuts to SNAP (food stamp) benefits. It’s well worth the watch – check out the video below. (Need a quick recap on exactly what The Hunger Games is all about? Click here.)

 

I think the contrast here between a fictional dystopian society that controls its subjects through – among other things – hunger and fear and the mentality to slash a number of programs women and families depend on is striking. While reading The Hunger Games, sometimes that type of future society doesn’t seem possible… but with the dots connected like this, it really strikes home what real Americans, right now, are going through.


On a happier note, are you still looking for the perfect card to send to mom? Strong Families can probably help you out – this week they released a series of e-cards that break past the norm of “flowers and pancakes.” That’s what’s so great about these cards: they intentionally celebrate the many types of mothers and families nationwide. When’s the last time you saw a greeting card celebrating both of a child’s mamas at once?

If you’re interested in perusing these e-cards or sending on to your mom, head to mamasday.org. Read more »

President Obama Endorses Bills to Protect LGBT Students from Bullying and Harassment

On Friday, President Obama officially endorsed two crucial pieces of legislation currently pending in Congress — the Student Non-Discrimination Act (SNDA) and the Safe Schools Improvement Act (SSIA). The bills are aimed at improving the climate in our nation's schools, especially for lesbian, gay, bisexual, and transgender (LGBT) students.

SNDA would outlaw discrimination in K-12 public schools on the basis of sexual orientation and gender identity/expression. And the bipartisan SSIA would require schools to undertake affirmative efforts to prevent bullying and harassment in schools, including conduct based on a victim's sexual orientation and gender identity. These bills are essential — a 2009 study by GLSEN (the Gay, Lesbian, and Straight Education Network) found that nearly 9 out of 10 LGBT students experienced harassment in schools.

Here at the National Women's Law Center, we have been working actively with our coalition partners to advance SNDA and SSIA. Just last month, NWLC was among a group of seventy LGBT, civil rights, education, labor, and faith groups that sent a letter to President Obama urging him to publicly support and endorse SNDA. And he did!

The Administration's announcement of its support of SDNA and SSIA was timed to coincide with a screening of the new documentary film "Bully" at the White House. I was lucky enough to attend the screening, where Lee Hirsch, the director, and many of the students and families featured in the film spoke poignantly about bullying and harassment in schools, and urged audience members to work to eradicate it. Read more »

Newsflash: Sex-Based Harassment in Schools Not Okay

On Monday, the U.S. Departments of Education (ED) and Justice (DOJ), six student plaintiffs, and the Anoka-Hennepin School District just outside Minneapolis, Minnesota, filed a landmark consent decree that resolved the plaintiffs’ claims that middle and high schools in the district failed to address pervasive bullying and harassment of students who failed to conform to gender stereotypes. The students alleged violations of a number of laws, including Title IX of the Education Amendments of 1972, which prohibits sex discrimination — including sex-based harassment — in schools that receive federal funding.

In the Anoka-Hennepin School District, students who were or were perceived to be LGBT endured near-daily sex-based harassment, in some cases for years on end. They were subjected to awful slurs, were told by their peers that they were “sinners,” would go to hell, and should kill themselves. Tragically, some student in the district did take their lives as a result of the bullying and harassment. (For further details of harassment targeted at LGBT teens in the district, see the recent Rolling Stone article.)

The consent decree, if approved by the district court, will put in place many essential protections against sex-based harassment, including requirements that the district hire an expert consultant to review its policies and procedures, develop a comprehensive plan to prevent and addressed student-on-student sex-based harassment, provide improved training for both staff and students, and submit annual compliance reports to the DOJ and ED for five years. Read more »

Celebrating Roe’s Impact on LGBT Rights

It’s no secret the anniversary of Roe v. Wade holds a special place in the hearts of women’s rights advocates. But this anniversary has special meaning for advocates in other equality movements that have directly benefited from the principles set forth in Roe. Read more »

You Can Help LGBT Students - Call Today!

We have all seen tragic headlines like this: Student Commits Suicide over Homophobic Slurs. School Cancels Prom over Lesbian Couple. Parents of Gay Teen Say Bullying Caused Death.

Students who are or are perceived to be lesbian, gay, bisexual, or transgender (LGBT) are especially at risk for bullying and harassment at school. Every day, students across the country endure the devastating impacts of this kind of bullying; sinking academic performance, health risks, and dropping out.

Title IX prohibits discrimination based on sex, but did you know there is no federal law prohibiting LGBT discrimination in schools? You can help provide a safe learning environment for all students.

Make a call today and ask your Senators to co-sponsor an important piece of legislation, the Student Non-Discrimination Act, to prevent LGBT discrimination in K-12 public schools. It's easy. Dial (202) 224-3121 TODAY and ask to be connected to your Senators' offices. Read more »

A Huge Legal Win for Transgender Rights, But Legislation is Still Needed

Last week, a federal appeals court in Georgia with a conservative reputation ruled in the strongest terms that “[a]n individual cannot be punished because of his or her gender-nonconformity. Because these protections are afforded to everyone, they cannot be denied to a transgender individual.”

In 2007, Vandy Elizabeth Glenn (who at that time went by Glenn Morrison) told her boss at the Georgia General Assembly’s Office of Legislative Counsel that she was planning on transitioning from male to female. He promptly fired her, after remarking that “it’s unsettling to think of someone dressed in women’s clothing with male sexual organs inside that clothing,” and describing a male in women’s clothing as “unnatural.”

In a unanimous opinion written by Judge Rosemary Barkett, the court held that “discriminating against someone on the basis of his or her gender non-conformity constitutes sex discrimination under the Equal Protection Clause” of the Fourteenth Amendment to the U.S. Constitution, and that “discrimination against a transgender individual because of her gender nonconformity is sex discrimination.”

This case is a huge step forward for LGBT rights—it will force many employers to think twice before they fire transgender workers for discriminatory reasons. And it sends a message to transgender men and women that they are legally protected from sex discrimination in the workplace. It also reaffirms the continuing importance of the Equal Protection Clause’s protection against discrimination on the basis of gender stereotypes today. Read more »

Disparities in Access to Culturally Competent Health Care is a Reproductive Justice Issue

A recent article in the New York Times finally sheds light on a question many LGBT individuals have been asking for years: why is it so hard to find culturally competent health care professionals who are willing and able to deal with the unique health issues that face the LGBT community?

In a study done by Stanford’s Lesbian, Gay, Bisexual and Transgender Medical Education Research Group, researchers found that many medical schools only provide students with five hours of training on health care for LGBT patients. One third of medical schools did not give any LGBT medical training. Also, over twenty-five percent of the medical school deans surveyed characterized their school’s LGBT training as “poor” or “very poor.” About half of the surveyed deans characterized their school’s training as “fair.”   Read more »