Mottet: Why We Need the Employment Non-Discrimination Act - Roll Call

Roll Call Magazine has had several articles in the past two weeks on the upcoming vote on the Employment Non-Discrimination Act. Lisa Mottet of the Task Force explains why she believes ENDA should pass.

Mottet: Why We Need the Employment Non-Discrimination Act - Roll Call

The DSM Diagnosis and The Workplace

Answers About Transgender Issues - City Room Blog - NYTimes.com

My question was in the New York Times today, answered by Dr. Laura Erickson-Schroth, who is working on “Trans Bodies, Trans Selves,” a resource guide for transgender and other gender-variant people:

Q: As a professor of law, specializing in workplace law and policy, I often consult with business organizations where employees are undergoing gender transition. One question that frequently comes up is whether transgender employees are mentally ill, given that the American Psychiatric Association still includes “gender identity disorder” (but not homosexuality). Some express concern that transgender co-workers will pose a sexual danger in the workplace. While I explain that there is no need to fear such a result based on my research with many hundreds of companies, I have difficulty explaining away the diagnosis. Can you provide a better explanation for the presence of “gender identity disorder” in the Diagnostic and Statistical Manual of the American Psychiatric Association?

— Posted by Dr. Jillian T. Weiss

As you describe, Dr. Weiss, individuals who identify as transgender are classified as having gender identity disorder (GID) in the A.P.A.’s Diagnostic and Statistical Manual of Mental Disorders (D.S.M.), which mental health providers use to diagnose mental illness. The fifth edition of the D.S.M. is expected to be released in May 2013, and there has been a lot of controversy over the G.I.D. diagnosis. The A.P.A.’s Web site allows you to see the current G.I.D. criteria, as well as some of the proposed changes for the new edition. The group most active in opposition to the categorization of transgenderism as a mental illness is GID Reform Advocates.

One of the reasons for retaining the G.I.D. diagnosis in some form in the D.S.M. is that many people use the diagnosis to receive psychological services and medical care, such as hormones and surgery. In the medical field, diagnostic codes are very important for billing. In order to be reimbursed for assessment or treatment, health care providers must write down the suspected diagnosis along with its code.

While it’s obvious that our billing system is flawed, my guess is that it will not change anytime soon. There are health providers and researchers who argue that transgenderism should change from a psychiatric diagnosis to a neurological or endocrinological diagnosis. However, diagnoses outside of the D.S.M. are mostly derived from International Classification of Disease codes set by the World Health Organization and thus not up to American physicians alone, as the D.S.M. diagnoses are. (Interestingly and unfortunately, we set the worldwide agenda for psychiatric diagnosis).

I see the switch from a psychological to a neurological or endocrinological diagnosis as a reasonable alternative because it avoids the stigma of mental illness, but retains the access to care. Of course, many insurance policies explicitly deny coverage for medical treatment for gender-transitioning purposes anyway – regardless of diagnosis.

In my opinion, gender-variance is not a mental illness, but is instead a normal variation. We sometimes forget that just because something is less common, that does not mean that is it abnormal or unhealthy. Our ideas about gender norms and roles make it very easy for us to jump to the conclusion that those who don’t fit our stereotypes are mentally ill, but that is only because it is easier than challenging our own assumptions about gender. Long before we are born, the world is preparing for our entrance in blue or pink. When it takes inhuman strength to reject the innumerable labels and expectations placed on us based on our sex, is there something wrong with us or with society?

Intersex is the modern term for people we once called hermaphrodites – those whose bodies do not conform to the sexual binary. Examining the way we treat intersex people demonstrates how difficult it is for us to allow anyone to exist outside the two categories we have created. Even with evidence of many sexes, we continue to insist on just two. Until recently, many physicians attempted to erase intersex people by performing surgeries on them in early childhood and insisting that they choose a gender in order to fit in.

The D.S.M. is a measure not just of our scientific knowledge, but of social and cultural understandings at this particular point in history. That is to say, the D.S.M. is written by people, and therefore is influenced heavily by culture. Because our culture is so dependent on male and female gender roles, we have a very hard time understanding those who do not conform to these. Homosexuality and bisexuality challenge our cultural assumptions in much the same way, because they confront the expectations we have for the gender roles of men and women in sexual relationships. Homosexuality was categorized as a mental illness in the D.S.M. until 1973, when cultural changes convinced people that we had placed social norms before science.

I became a health care provider, and specifically a mental health provider, so that I could help people live healthy, productive and happy lives. Studies of transgender people so often seem to be about building theories around causes of transgenderism. More of our research should investigate how we can make life better for people who happen to fit in this category.

Instant Tea � Blog Archive � Transgender DART employee placed on leave for comments alleging discrimination

A transgender bus driver in Dallas is placed on paid administrative leave after written comments she made suggesting the agency discriminates against employees. These comments were placed on cards that allow drivers to report maintenance problems. She was allowed back to work only after agreeing that she would no longer use the comment cards to speak out against discrimination.

Instant Tea � Blog Archive � Transgender DART employee placed on leave for comments alleging discrimination

June 7 Attorney Seminar on Gender Identity and Low-Income Client Rights at NYC Bar Association

Gender Identity and Expression and Low-Income Clients' Rights: Ethical Considerations and Practice Tips for Legal Services Casehandlers with Transgender and Gender Non-Conforming Clients

--How do your clients’ gender identities affect the legal recognition of their family relationships, access to health care and housing, and rights to immigration status?

--Will your clients feel safe to come out to you -- and will your representation be compromised if they don’t?

--When and how should you ethically disclose your client’s gender identity?

Co-sponsored by the LGBT Rights Committee of the Bar Association of the City of New York and the Legal Aid Society

A free -- pro bono -- CLE June 7, 12-4 p.m., NYC Bar Association, CLE room

1 ethics credit and 3 professional practice credits

Currently confirmed speakers:

Dru Levasseur, National Transgender Rights Attorney, Lambda Legal

Ksen Pallegedara, National Advisory Committee of the Lambda Legal/Child Welfare League of America initiative Fostering Transitions

Dr. Jillian T. Weiss, Associate Professor of Law and Society, Ramapo College of New Jersey; author of Transgender Workplace Diversity: Policy Tools, Training Issues and Communication Strategies for HR and Legal Professionals

Sydney Tarzwell, Staff Attorney/Skadden Fellow, Peter Cicchino Youth Project, Urban Justice Center

Pooja Gehi, Staff Attorney, Sylvia Rivera Law Project

Victoria Neilson, Legal Director, Immigration Equality

REGISTRATION IS NOW OPEN: Please register by emailing your contact information to: civiltraining@legal-aid.org. Please put Gender Identity in the subject line.

***PLEASE NOTE: This CLE is open to private attorneys and law students, although attorneys and staff from non-profit legal services providers will be given priority in registration.

Registration will be on a "first come first registered" basis.

Other towns see protection, little trouble with anti-discrimination ordinances

Council members in Missoula, Montana proposed an ordinance that would protect people from discrimination in their jobs and homes that would include sexual orientation, gender identity or expression. Opponents fear it will provoke criminal offenses in bathrooms.

Other towns see protection, little trouble with anti-discrimination ordinances

TECO directors tell shareholders to reject anti-discrimination protection for transgender people | Daily Loaf

TECO directors tell shareholders to reject anti-discrimination protection for transgender people | Daily Loaf: "New York City, a large shareholder of TECO Energy (Tampa Electric Company), has proposed that TECO amend its equal opportunity policy to protect its employees from discrimination based on sexual orientation and gender identity. The proposal is set to be voted on by shareholders at their annual meeting on May 5.

In February, after this proposal was filed, TECO did amend its non-discrimination policy to include sexual orientation, but it has refused to explicitly prohibit discrimination based on gender identity. TECO’s board of directors unanimously opposes the measure, and has recommended that their shareholders reject it."

Listen: Jillian Weiss guest hosts Signorile radio show Tues April 13

On Tuesday, April 13, from 2 - 6 pm ET, I will be guest hosting the Michelangelo Signorile show on the OutQ Channel on Sirius XM satellite radio.

Please join me for a discussion of the current national political scene from an LGBT perspective. Feel free to call in and ask a question or make a comment at 866-305-6887.

Even if you're not a subscriber to Sirius XM satellite radio, you can still listen in on the internet by signing up for a free trial. Click here for your free 7 day trial: http://www.sirius.com/freetrial/

I'll discuss some breaking news, give some background on major issues of the day, take some calls, and do some interviews.

Here's the lineup:

2:00 pm: How is President Obama's relationship with the LGBT community going? Where do we go from here? Interview with theologian and activist Rev. Irene Monroe, who's known for a focus on social justice for a sector of society that is frequently invisible.

3:00 pm Will the midterm elections in November change the political complexion of Congress for LGBT and progressive issues? Interview with long-time journalist and wire service correspondent Brody Levesque, whose intimate knowledge of the Washington scene is resonant and often peppered with fascinating personal stories.

4:00 pm The federal Employment Non-Discrimination Act would stop job discrimination and harassment against LGBT employees. It's probably going to pass the House shortly, but the Senate is tricky. Is there a path to victory in the Senate? Interview with Democratic National Committee Member Babs Casbar Siperstein, a long-time political activist who knows everyone that's anyone in politics.

5:00 pm Openly lesbian law professor Chai Feldblum was appointed to the federal Equal Employment Opportunity Commission two weeks ago. What does this mean for the LGBT community, and for job equality? Interview with Senior Political Writer Chris Geidner of DC's Metroweekly, also well-known for his popular blog Law Dork. His triple-threat background in law, politics and journalism gives his commentary unparalleled depth.

Gay, Transgender Protections Go Into Effect In Salt Lake City | On Top Magazine :: Gay & Lesbian News, Entertainment, Commentary & Travel

An ordinance was passed in Salt Lake City that protects gay, lesbian, and transgender people from discrimination. Salt Lake City became the first city in Utah to put this into law.

Gay, Transgender Protections Go Into Effect In Salt Lake City | On Top Magazine :: Gay & Lesbian News, Entertainment, Commentary & Travel

Transgender Job-Seekers Face Discrimination | News | Advocate.com

A recent report by the advocacy group Make the Road New York found a 42% net rate of discrimination against transgender job seekers. The report was discussed on WNYC's Brian Lehrer Show (find link to discussion at the bottom of the article).

Transgender Job-Seekers Face Discrimination | News | Advocate.com

Laclede Gas Company Expands Nondiscrimination Policy | Vital VOICE Magazine

Progress? Laclede was given one of the poorest ratings among 590 businesses ranked by the Human Rights Campaign in terms of lesbian, gay, bisexual and transgender (LGBT) discrimination. They've added sexual orientation protections, but gender identity protection was not included.

Laclede Gas Company Expands Nondiscrimination Policy | Vital VOICE Magazine

Transgender Job Fair 6 - San Francisco

Wednesday, Apr 28 1:00p to 4:00p

at the SF LGBT community center, San Francisco, CA

The Transgender Economic Empowerment Initiative (TEEI) is hosting its FREE Transgender Job Fair at The San Francisco LGBT Center. TEEI is the nation's first program designed to help transgender job seekers find - and keep - good jobs in safe workplaces.

Meet supportive employers who have completed workplace inclusion training, offering opportunities in many fields!

Price: Free

The Transgender Economic Empowerment Initiative (TEEI) is hosting its FREE Transgender Job Fair at The San Francisco LGBT Center. TEEI is the nation's first program designed to help transgender job seekers find - and keep - good jobs in safe workplaces.

Meet supportive employers who have completed workplace inclusion training, offering opportunities in many fields!

For details on all April job fair and pre-job fair events, visit www.teeisf.org
Pre-register at http://jobfair.sfcenter.org

Two thirds of gays keep it a secret in workplace - National News, Frontpage - Herald.ie

This article states that a large percentage of people in the Irish workforce are not open about their sexuality. The article goes on to suggest that in order for the Irish economy to compete globally there needs to be openness in the workplace.


Two thirds of gays keep it a secret in workplace - National News, Frontpage - Herald.ie

Workplace bias complaints soar in Colorado region - The Denver Post

Here's an interesting report about how bias complaints are up in Colorado. It doesn't appear that adding sexual orientation and gender identity to the state's nondiscrimination code had much of an effect, however.

Workplace bias complaints soar in Colorado region - The Denver Post