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This is not legal advice, which can only be given by an attorney admitted to practice law in your jurisdiction after hearing all of the facts and circumstances in a particular case.

Tuesday, March 22, 2011

Transgender Issue Plays Key Role in Anti-Bias Legislation | workforce.com

Transgender Issue Plays Key Role in Anti-Bias Legislation | workforce.com: "While ENDA could be stymied by a conservative-leaning Congress in 2011, Weiss remains optimistic about progress on the state and municipal levels. “I am very confident that the number of states and municipalities that will be obtaining transgender employment protections over the next five years will be significant,” she says. “If you come to a legislator in a particular state and say, ‘We are advocating for transgender employment protections,’ you can point to several major employers and states that already have these protections in place.”"

This is a well-written article on the future of trans protections in the workplace. We have far to go, but we have also come so far.


Zoe Brain said...

Your legal opinion on the Missoula Tactic? That is, pass a statewide law saying no city or county in that state can give protections additional to the ones enacted in state law?
Immediately after rejecting an amendment to state law to include GLBT protections...

Dr. Jillian T. Weiss said...

My opinion on the Missoula tactic is that it's unconstitutional under Romer v. Evans, a Supreme Court case finding a similar law in Colorado unconstitutional. Montana will argue that they are not specifically targeting gays, and that home rule states have long existed in which cities can't do anything except what powers are granted explicitly by the state.

But the counterarguments are powerful:

1) the evidence indicates this was in response to LGBT advances in civil rights, so your claim that you're not targeting us is factually contradicted, and

2) even in home rules states, cities are empowered to have civil rights commissions, and you can't blank them out entirely or it will contravene the US Constitution or the state constitution. I'm thinking of the Guarantee Clause, the Equal Protection Clause and the Due Process Clause. See here for my discussion of home rule in 2007.