Thursday, September 20, 2018

Outten & Golden is proud to announce that the firm and its lawyers are being honored by the Fortune Society

The law firm of Outten & Golden is being honored by the Fortune Society at its Annual Gala October 29 in NYC in recognition of the firm's litigation that opened up job opportunities for hundreds of thousands of qualified job applicants who were denied employment simply on the basis of their criminal record. Outten & Golden has been at the forefront of employment litigation for two decades, representing employees in all sectors of the economy and combatting discrimination, harassment, and retaliation against employees. The firm is being honored along with Henry Louis Gates, Jr., author, Emmy-winning filmmaker, and Harvard University professor, and Tracy Morgan, comedian and star of The Last O.G.

See this link:

Friday, September 14, 2018

Jillian Weiss on Twitter

Must read Twitter thread about the experience of many, many trans women at work:

“If you transition at work, just get ready for the whiplash of apparently being terrible at your job now and having your every movement questioned even if they say they're supportive just be ready for that” Coincidentally, all of my clients are also suddenly terrible at their jobs too! Of course, scientists have long known that one of the side effects of estrogen is misogyny."

See this link:

Thursday, September 13, 2018

Kavanaugh's answers leave LGBT legal experts unsatisfied

My quote in yesterday’s Washington Blade about Judge Brett Kavanaugh’s statements about LGBT rights, in the hearings on his nomination to SCOTUS.

“Jillian Weiss, a transgender civil rights lawyer who represents LGBT employees, said Kavanaugh’s statement against anti-gay discrimination was “not significant.” “It was a quote from Justice Kennedy, not his own opinion,” Weiss said. “My concern is he’s more pragmatist rather than principled. If he sticks to conservative judicial principles, he’ll focus on the meaning of the text today, as Justice Scalia did when he ruled sex discrimination includes same-sex harassment. We in the modern world understand ‘sex’ to include gender, and all that implies. Or will he revert conveniently to what a congressman thought in 1964?”

See this link:

Thursday, September 6, 2018

Another Case Tests Missouri's Human Rights Protections For Transgender People

Many cases involving gender identity and sexual orientation are now being brought to state courts after most federal courts have now recognized their protection from Sex discrimination. The Missouri Supreme Court is expected to decide within months whether state law prohibits discrimination based on sexual orientation or gender identity. The lawsuit, filed this week in Cole County Circuit Court, challenges the commission’s dismissal of a case brought by a transgender man who claimed his employer treated him differently because he didn’t conform to stereotypes of masculinity.

See this link:

Tuesday, August 28, 2018

Google Scholar

This is how transgender people are regarded and treated in our society, especially Black trans women.

But then there are people like Chief District Judge Mark E. Walker of the United States District Court for the Northern District of Florida, Tallahassee Division. Listen.

“It wasn't until Ms. Keohane found a lawyer willing to take her case that things changed for the better. Defendant was staring down the barrel of a federal lawsuit when it suddenly changed course by securing hormone therapy and amending its policy formerly prohibiting new treatment for inmates with gender dysphoria—all within a matter of months after Ms. Keohane filed her complaint.” “This case has been a moving target from the beginning, morphing with Defendant's shifting explanations for the denial of hormone treatment and access to female clothing and grooming standards.” “....But while the standard for establishing deliberate indifference is high, it is not impossible to meet. And if Ms. Keohane's treatment in Defendant's custody isn't deliberate indifference, then surely there is no such beast. Ultimately, this case is about whether the law, and this Court by extension, recognizes Ms. Keohane's humanity as a transgender woman. The answer is simple. It does, and I do.” Bravo, Judge Walker. And bravo ACLU and its tireless lawyer who take aim at injustice even where it is entrenched and there seems no hope. There is hope.

See this link:

Monday, August 27, 2018

States Ask Supreme Court to Limit LGBT Protection

The Supreme Court is expected to decide in the coming months whether to take up a case involving a transgender employee who won her sex discrimination case. 13 Republican attorneys general, including those representing Texas, Alabama, Kansas, and Utah, signed on to a brief asking the Court to overrule the lower courts’ decisions in favor of trans employee protections. Three GOP governors— Matthew Bevin (Kentucky), Paul LePage (Maine), and Phil Bryant (Mississippi)—also joined in the court filing.

See this link:

Saturday, August 25, 2018

Judge Strikes Down Key Parts of Trump’s Orders Easing the Firing of Federal Workers

Judge Strikes Down Key Parts of Trump’s Orders Easing the Firing of Federal Workers President Trump had promulgated an executive order stating, among other things, that the federal government’s supervisors and managers no longer needed to use progressive discipline, allowing a worker to be fired for the first mistake. This brings the federal merit system more in line with private businesses, which have the right to fire at will (except on the basis of illegal discrimination). It also permitted disparate treatment of workers, rather than imposing punishments commensurate with the objective circumstances. The ruling stated that an executive order may not override the statutory protections put in place by Congress. The ruling is a victory for federal workers, who have the right to be judged on merit, and not the whims of managers.

See this link: