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  1. #1
    @.~*virinaĉo*~.@ Totenkindly's Avatar
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    Default Transgendered Ruled by EEOC to be Protected under Civil Rights Act, Title VII

    http://news.yahoo.com/federal-agency...063817599.html

    This is kind of a big deal, as EEOC ruling (employment protection) to transgendered people under the ruling of Title VII in the United States. Until now, there has been no uniform guidance on what is considered discrimination towards transgendered people in the professional workplace, unless the state or local ordinances had provided it.

    Because of that, it's very typical for transgendered people to not be hired and/or to be let go for not conforming to gender standards. (For transsexuals, this means that even those who still fit within the normal gender spectrum of their identified gender could still be discriminated against just because of a gender they formerly presented as.)

    http://www.wweek.com/portland/blog-2...t_transge.html

    It should be noted that this is more a solidification of a position the courts have been increasingly taking over the last twenty years, rather than something being newly introduced. [Just 2-3 years ago, the IRS also declared that surgery expenses for reassignment, as long as indicated by the casework, was deductible as a medical expense. And the Federal Gov already protects against gender identity discrimination internally.] It just has never been officially clarified by the EEOC before. So transgenders who were discriminated against / were fired simply for being trans vs their professional abilities and behavior had little recourse under Title VII of the 1964 Civil Rights Act to sue for damages or reinstatement of their position. Now that option exists, just as it would for anyone being dismissed for alleged sexism. The court is asserting that gender should have no bearing whatsoever on someone's hiring or dismissal.

    In an email to The Times, EEOC spokeswoman Christine Nazer wrote that the ruling is now "the EEOC's position, and we will apply it in all our enforcement activities" under Title VII of the federal Civil Rights Act, which prohibits job discrimination based on race, sex, religion and national origin.
    The most thorough/informative article right now I've seen on it and its interlocking with ENDA, exploration of past precedent that has led to this decision, etc., can be found at Metro Weekly:
    http://www.metroweekly.com/news/?ak=7288

    In today's opinion, the EEOC concludes that the case is properly before it and that, consistent with the overwhelming trend of federal courts, the ATF conclusion was incorrect.

    ''When an employer discriminates against someone because the person is transgender, the employer has engaged in disparate treatment related to the sex of the victim,'' the decision states. ''This is true regardless of whether an employer discriminates against an employee because the individual has expressed his or her gender in a non-stereotypical fashion, because the employer is uncomfortable with the fact that the person has transitioned or is in the process of transitioning from one gender to another, or because the employer simply does not like that the person is identifying as a transgender person.''
    Article about Mia & Trish Macy:
    http://www.metroweekly.com/news/?ak=7287
    "Hey Capa -- We're only stardust." ~ "Sunshine"

    “Pleasure to me is wonder—the unexplored, the unexpected, the thing that is hidden and the changeless thing that lurks behind superficial mutability. To trace the remote in the immediate; the eternal in the ephemeral; the past in the present; the infinite in the finite; these are to me the springs of delight and beauty.” ~ H.P. Lovecraft

  2. #2
    Senior Member tinker683's Avatar
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    Very cool to see!!! I'm glad to hear this
    "The man who is swimming against the stream knows the strength of it."
    ― Woodrow Wilson

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    Let me count the ways Betty Blue's Avatar
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    Amen (ha) A Men (ha)
    Loosing it today.
    Wow, i will have to come back to this as head is full overflow... need to raise the dam!
    "We knew he was someone who had a tragic flaw, that's where his greatness came from"

  4. #4
    figsfiggyfigs
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    Quote Originally Posted by Speed Gavroche View Post
    However, those who try to impose the whims of a minority to the majority, are coercion.
    What? How is that related to the thread?

  5. #5
    Klingon Warrior Princess Patches's Avatar
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    I find it a little shocking that this has not been addressed until now. Has there never been any type of legislation put forth about this before?
    “Everybody has a secret world inside of them. All of the people of the world, I mean everybody. No matter how dull and boring they are on the outside, inside
    them they've all got unimaginable, magnificent, wonderful, stupid, amazing worlds. Not just one world. Hundreds of them. Thousands maybe.” -Neil Gaiman

    ~

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    @.~*virinaĉo*~.@ Totenkindly's Avatar
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    Quote Originally Posted by Patches View Post
    I find it a little shocking that this has not been addressed until now. Has there never been any type of legislation put forth about this before?
    I think various state and local govs have addressed it (the article mentions that 16 states + Wash DC has rulings regarding it... and I happened to be in a city at the time, Harrisburg PA, which actually had local laws on the books for the entire county about it), but EEOC itself has not clarified its position until now, actually. And twenty years ago, many of the decisions impacting trans job protection were ruled against by the court because they didn't see them as connected. It's why transpeople losing their jobs has been a fairly common part of the narrative; and of course this is devastating when one cannot find employment aside from entry-level positions in retail/food compared to one's prior specialized career... just the loss of income alone is devastating to families and the people involved, and adds even more stress to an already stressful situation.

    The articles do show the tracking of mentality changes in the court circuits' thinking and how precedent evolved to support this kind of interpretation of Title VII. Interestingly enough, opinions rendered by Scalia on SCOTUS have actually been influential in the court's review of this particular scenario.
    "Hey Capa -- We're only stardust." ~ "Sunshine"

    “Pleasure to me is wonder—the unexplored, the unexpected, the thing that is hidden and the changeless thing that lurks behind superficial mutability. To trace the remote in the immediate; the eternal in the ephemeral; the past in the present; the infinite in the finite; these are to me the springs of delight and beauty.” ~ H.P. Lovecraft

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    Superwoman Red Herring's Avatar
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    I am glad to see you two took my warning to heart and are now respectfully exchanging deep philosophical thoughts and scientific data
    The good life is one inspired by love and guided by knowledge. Neither love without knowledge, nor knowledge without love can produce a good life. - Bertrand Russell
    A herring's blog
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    darkened dreams labyrinthine's Avatar
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    The is wonderful news, and while there will be ignorant people who want to enforce the status quo and only cater to the needs of the privileged, dominant class, at least this ruling shows some hope for society to be enlightened past the mentality of fascist style dominance that caters only to the needs of those in power. This shows hope of a true democracy in which ALL of its citizens have a chance at freedom, property, and liberty.

    So the ignorant, the discriminatory, the arrogant, the intolerant, and the fearful can make a fuss, but it doesn't matter much now that there are laws to protect transgendered people.
    Step into my metaphysical room of mirrors.
    Fear of reality creates myopic morality
    So I guess it means there is trouble until the robins come
    (from Blue Velvet)

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    @.~*virinaĉo*~.@ Totenkindly's Avatar
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    Quote Originally Posted by Red Herring View Post
    I am glad to see you two took my warning to heart and are now respectfully exchanging deep philosophical thoughts and scientific data
    I think I did.

    Can't speak for anyone else, though.

    @fia: Yes, I don't like government to be over-involved; but the typical pattern when fear and bias is allowed to run rampant is that innocent people have their lives violated/destroyed. In that sense, government needs to put a lock-down and keep the playing field level.

    If employers are required to evaluate and hire/dismiss people based on merit rather than side issues like gender, religion, age, color, or whatever else, then I think that is a worthwhile imposition by government. At least the weak are being protected from the powerful, as opposed to a world where the powerful are not 'discriminated against.'

    (And what a silly concept, when you hear it stated thusly. Do the powerful even have anything to fear, except maybe loss of their power?)

    In this specific instance, there has been a huge shift where cultural prejudice and bias was resulting in the dismissal of highly qualified people, which is bad both for business and for the individuals in question. Culturally we've now moved to a position where such a law is seen as needed, whereas in the past it was not; the law almost is a product of the cultural shift, and not the other way around. At this point, the two will enter a reinforcing loop.... the law asserting that people are equal, and then the thought that people are equal again being channeled back into more law to reinforce the idea. Not a bad thing.
    "Hey Capa -- We're only stardust." ~ "Sunshine"

    “Pleasure to me is wonder—the unexplored, the unexpected, the thing that is hidden and the changeless thing that lurks behind superficial mutability. To trace the remote in the immediate; the eternal in the ephemeral; the past in the present; the infinite in the finite; these are to me the springs of delight and beauty.” ~ H.P. Lovecraft

  10. #10
    @.~*virinaĉo*~.@ Totenkindly's Avatar
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    Quote Originally Posted by fia View Post
    Which is exactly the point of these discussions. You have just made the perfect argument to support the rights of a transgendered individual against the selfish interest of a group. This is the issue that has been going on for too long, and is just now surfacing.
    Exactly. I suppose I should thank him, for making my case for me in such a succinct, clearly obvious way.

    We're in a world where in the 60's, someone who invented the idea of dynamic instruction scaling (DIS), an essential component of superscalar computing on a single chip, was released from IBM simply because she transitioned from male to female for the sake of her own mental health, and yet fifty years later, IBM is a supportive trans employer both professionally and in terms of their medical health plans. The world is changing, and the laws are simply reflecting and helping to reinforce that change in thinking.
    "Hey Capa -- We're only stardust." ~ "Sunshine"

    “Pleasure to me is wonder—the unexplored, the unexpected, the thing that is hidden and the changeless thing that lurks behind superficial mutability. To trace the remote in the immediate; the eternal in the ephemeral; the past in the present; the infinite in the finite; these are to me the springs of delight and beauty.” ~ H.P. Lovecraft

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