Showing posts with label Advocacy organizations and activism. Show all posts
Showing posts with label Advocacy organizations and activism. Show all posts
Tuesday, January 15, 2013
Trans Activism 2013-style
It's been a long time since my last blog, and I am anxious about getting back in the saddle. A lot has changed since I last blogged in September. At that time, the most important thing was getting pro-equality candidates elected, and we did that. The re-election of President Obama was the best thing for equality, as was the election of our largest cadre of LGBT Members of the House of Representatives, including my own Sean Patrick Maloney in NY-18 (please like his Facebook page!), and the election of Senator Tammy Baldwin.
But it's not about legislation right now. The government agencies and the courts are where it's at now. I have moved my activism to those arenas. And it's time to start blogging again.
It's been busy, but lately, blogging has been on my mind. It's not enough to go into our various little cubby holes and do our work. It's important to tell each other what we're up to, providing encouragement to keep going in the face of life's obstacles, and also learning something about what the next challenges are, and where the action is likely to be. For example, ENDA is so 2000s. Yes, it will get passed at some point, and yes, we should still continue to ask for it. But I'm not putting all my eggs in that basket right now, because the House is too dominated by conservatives to make it worthwhile. Same thing with GENDA in New York State.
Cross-posted from Bilerico.com. Click here to read more
Monday, April 11, 2011
New York Times Tells of Trans Job Lawsuit
The New York Times op-ed section brings word of an unusual lawsuit this morning. The Transgender Legal Defense and Education Fund (TLDEF) has brought a lawsuit on behalf of El'Jai Devoureau (first name pronounced like LJ).
El'Jai was hired by a drug testing company to watch testees produce urine samples, presumably to ensure it was done properly and no switching of samples occurred. Word reached his supervisor that he is a transgender man. The supervisor asked for evidence of surgery, and El'Jai said that is private. He was fired.
This is an extremely important lawsuit because the questions to be addressed include whether being male in a particular way specified by the employer is a "bona fide" occupational qualification (BFOQ) and whether El'Jai qualifies as a male. BFOQ lawsuits in regard to sex are rare, and not as simple as they might seem.
El'Jai was hired by a drug testing company to watch testees produce urine samples, presumably to ensure it was done properly and no switching of samples occurred. Word reached his supervisor that he is a transgender man. The supervisor asked for evidence of surgery, and El'Jai said that is private. He was fired.
This is an extremely important lawsuit because the questions to be addressed include whether being male in a particular way specified by the employer is a "bona fide" occupational qualification (BFOQ) and whether El'Jai qualifies as a male. BFOQ lawsuits in regard to sex are rare, and not as simple as they might seem.
It's particularly informative that TLDEF's legal partners in this suit are a major international law firm, Gibson, Dunn & Crutcher, and a highly respected local firm, Stein, McGuire, Pantages & Gigl. Firms like that don't take a case, particularly a pro bono case, unless they've got the law and the facts they see as likely to be successful. Furthermore, as impact litigation, which attempts to create useful precedents and, above all, to do no harm to the interests of the disadvantaged constituency it seeks to help, this one goes straight to the heart of trans advocacy: who is a man?
The complaint specifically states that "He has permanently transitioned to male and his government-issued identification documents reflect the fact that he is male. Defendants hired him as a man."
It should be noted that New Jersey is the only state that has an appellate precedent squarely on point in favor of transsexuals, ruling that a transsexual person is to be considered according to the sex with which he or she identifies. In MT v. JT, 355 A.2d 204 (N.J. App. Div. 1976), a New Jersey appeals court held that "if the anatomical or genital features of a genuine transsexual are made to conform to the person's gender, psyche or psychological sex, then identity by sex must be governed by the congruence of these standards." Almost every other court in the U.S. that has considered the issue has gone in the other direction. While that case involved a question of alimony after divorce, the court in the current case may find this reasoning persuasive, and perhaps even binding. Thus, while bringing a case like this could be extremely dangerous, it's probably better brought in New Jersey more than any other state in the nation.
I've also discussed the BFOQ requirement in past posts. Essentially, it means that being a male is part of the qualifications of the job. This cannot be on the basis of stereotypes, such as that the job requires strength or is dangerous. A woman who has the strength and the ability to do a hard or dangerous job must not be disbarred from doing so by reason of her gender. In the case of watching men give urine samples, the idea, I suppose, is that respect for the privacy of the men requires that they not be subjected to the scrutiny of a female while performing such intimate acts. If El'Jai were a female, that reasoning would hold. As noted, however, the complaint specifically states that "He has permanently transitioned to male and his government-issued identification documents reflect the fact that he is male. Defendants hired him as a man." If El'Jai's employees think he is not a man, is their subjective judgment more pertinent than that of the State of New Jersey?
The complaint more specifically states "As reflected on official government documentation, both federally and at the state level, he is appropriately recognized as male, including on his driver's license (New Jersey), his Social Security records (federal), and his birth certificate (Georgia)."
I think it interesting that there are three counts to the complaint, one for sex discrimination, one for gender identity discrimination and one for disability discrimination. While some legal advocates have indicated that they would not bring a claim based on disability discrimination because it may be considered by some to be disrespectful and perhaps even undercutting to the client's claim, I agree that this is an appropriate legal claim in most instances because it underscores the nature of the discrimination against transsexuals -- not only discrimination based on physical attributes, but discrimination based on psychological identity. But reasonable people can disagree on that issue.
Kudos to Michael Silverman of TLDEF, and to the other intrepid attorneys who will no doubt provide excellent representation to Mr. Devoureau.
The complaint specifically states that "He has permanently transitioned to male and his government-issued identification documents reflect the fact that he is male. Defendants hired him as a man."
It should be noted that New Jersey is the only state that has an appellate precedent squarely on point in favor of transsexuals, ruling that a transsexual person is to be considered according to the sex with which he or she identifies. In MT v. JT, 355 A.2d 204 (N.J. App. Div. 1976), a New Jersey appeals court held that "if the anatomical or genital features of a genuine transsexual are made to conform to the person's gender, psyche or psychological sex, then identity by sex must be governed by the congruence of these standards." Almost every other court in the U.S. that has considered the issue has gone in the other direction. While that case involved a question of alimony after divorce, the court in the current case may find this reasoning persuasive, and perhaps even binding. Thus, while bringing a case like this could be extremely dangerous, it's probably better brought in New Jersey more than any other state in the nation.
I've also discussed the BFOQ requirement in past posts. Essentially, it means that being a male is part of the qualifications of the job. This cannot be on the basis of stereotypes, such as that the job requires strength or is dangerous. A woman who has the strength and the ability to do a hard or dangerous job must not be disbarred from doing so by reason of her gender. In the case of watching men give urine samples, the idea, I suppose, is that respect for the privacy of the men requires that they not be subjected to the scrutiny of a female while performing such intimate acts. If El'Jai were a female, that reasoning would hold. As noted, however, the complaint specifically states that "He has permanently transitioned to male and his government-issued identification documents reflect the fact that he is male. Defendants hired him as a man." If El'Jai's employees think he is not a man, is their subjective judgment more pertinent than that of the State of New Jersey?
The complaint more specifically states "As reflected on official government documentation, both federally and at the state level, he is appropriately recognized as male, including on his driver's license (New Jersey), his Social Security records (federal), and his birth certificate (Georgia)."
I think it interesting that there are three counts to the complaint, one for sex discrimination, one for gender identity discrimination and one for disability discrimination. While some legal advocates have indicated that they would not bring a claim based on disability discrimination because it may be considered by some to be disrespectful and perhaps even undercutting to the client's claim, I agree that this is an appropriate legal claim in most instances because it underscores the nature of the discrimination against transsexuals -- not only discrimination based on physical attributes, but discrimination based on psychological identity. But reasonable people can disagree on that issue.
Kudos to Michael Silverman of TLDEF, and to the other intrepid attorneys who will no doubt provide excellent representation to Mr. Devoureau.
Monday, April 4, 2011
Her goal: ridding 'trans' bias at work | StarTribune.com
Her goal: ridding 'trans' bias at work | StarTribune.com: "Vanessa Sheridan of Apple Valley is a consultant with clients that include Best Buy and HSBC Financial. She is a conservative dresser, an articulate professional and a churchgoing Christian.
She is also a transgender woman. Some folks might find this unusual, but Sheridan does not.
'I'm a normal person with a different gender identity,' she said. 'You can be happy and well adjusted and transgender. The trouble with the way we're portrayed in the media is that we're either prostitutes or punch lines.'"
I've read Ms. Sheridan's book, The Complete Guide to Transgender in the Workplace, and I liked it.
She is also a transgender woman. Some folks might find this unusual, but Sheridan does not.
'I'm a normal person with a different gender identity,' she said. 'You can be happy and well adjusted and transgender. The trouble with the way we're portrayed in the media is that we're either prostitutes or punch lines.'"
I've read Ms. Sheridan's book, The Complete Guide to Transgender in the Workplace, and I liked it.
Friday, March 11, 2011
Why Shouldn't You Give To GetEqual? | The Bilerico Project
Political representation comes at a price. You have to go along to get along. When LGBT organizations started demanding that politicians pass ENDA, repeal Don't Ask Don't Tell, and repeal DOMA, politicians started running for the exits. All three of these bills were declared D.O.A. in the last session of Congress. Our major lobbying organizations folded.
And then along came GetEqual.
Whatever you may say about it, GetEqual does not take it lying down. Without GetEqual and Dan Choi and 12 other brave souls chaining themselves to the White House Fence, not once, but twice, and ready to do it a third and fourth and fifth, we would not have seen DADT repeal in Congress. GetEqual held sit-ins and protests about ENDA in politicians' offices, locally and nationally, and the Capitol Rotunda.
GetEqual is also radically inclusive, including of trans activists and trans issues. That is why I have been working as the Board Chair for the past six months, and giving freely of my time and money. (There's no compensation for being Chair; actually it's my job to send money.) If you're a supporter of the idea of an effective LGBT direct action organization, one that isn't afraid to speak truth to power and kick 'em where it hurts when and if necessary, why aren't you pulling out your credit card and clicking here to donate? This is not a rhetorical question.
Right-wing fanatics have big money behind them to send their message of discrimination. Why shouldn't we have an equally loud and clear message? That message is "Discrimination is wrong. We will not be silent."
What GetEqual has accomplished in one year is startling. What it will accomplish next year is amazing.
READ MORE...
Thursday, March 3, 2011
Transgender Law Center Holds Discussion of Trans Rights
San Francisco Bay Times:
The highly-regarded California-based Transgender Law Center held a discussion this week about its vital services. TLC legal help line, which aids over 1,400 people a year with information, support, and basic services. Employment and health care are chief concerns, not to mention vandalism, bullying, and resulting suicide. TLC Staff Attorney Matt Wood said that bullying in school against transgender teens is rampant. He said, “We need systematic policy changes, not the least of which is shelter discrimination.” He also noted that medical providers need to treat transgender patients with dignity and respect. “There is the promise of law versus the reality of acting upon it,” he said."
The highly-regarded California-based Transgender Law Center held a discussion this week about its vital services. TLC legal help line, which aids over 1,400 people a year with information, support, and basic services. Employment and health care are chief concerns, not to mention vandalism, bullying, and resulting suicide. TLC Staff Attorney Matt Wood said that bullying in school against transgender teens is rampant. He said, “We need systematic policy changes, not the least of which is shelter discrimination.” He also noted that medical providers need to treat transgender patients with dignity and respect. “There is the promise of law versus the reality of acting upon it,” he said."
Friday, February 25, 2011
First Civil Unions and Now Fighting for Transgender Employment Protections in Hawaii
First Civil Unions and Now Fighting for Transgender Employment Protections in Hawaii
While many in the trans community have concerns about the Human Rights Campaign, it's important to note that they are working on trans employment rights in several areas of the country.
While many in the trans community have concerns about the Human Rights Campaign, it's important to note that they are working on trans employment rights in several areas of the country.
Thursday, January 20, 2011
HRC to Train Trans Job Seekers in Boston
Bay Windows - New England's largest GLBT newspaper: "The Human Rights Campaign (HRC) announced Jan. 18 that the LGBT rights organization will sponsor a training program for transgender job-seekers in Boston next month.
The free inaugural event of HRC’s Back to Work project will take place on Feb. 26 and 27. Attendees will be provided with essential skills needed to make the most of the job market, and find a career that matches their expertise and experience. The Massachusetts Transgender Political Coalition (MTPC), the Boston Alliance of Gay, Lesbian, Bisexual, and Transgender Youth (BAGLY), the AIDS Action Committee of Massachusetts (AAC), and MassEquality are cosponsors of the event, which will be hosted by the AAC."
Although some in the trans community have been critical of HRC, not without some justice, the organization has take some important steps that have helped transgender employment rights, particularly the Corporate Equality Index. It is nice to see that the organization is continuing to take action to assist the T portion of the LGBT community.
The free inaugural event of HRC’s Back to Work project will take place on Feb. 26 and 27. Attendees will be provided with essential skills needed to make the most of the job market, and find a career that matches their expertise and experience. The Massachusetts Transgender Political Coalition (MTPC), the Boston Alliance of Gay, Lesbian, Bisexual, and Transgender Youth (BAGLY), the AIDS Action Committee of Massachusetts (AAC), and MassEquality are cosponsors of the event, which will be hosted by the AAC."
Although some in the trans community have been critical of HRC, not without some justice, the organization has take some important steps that have helped transgender employment rights, particularly the Corporate Equality Index. It is nice to see that the organization is continuing to take action to assist the T portion of the LGBT community.
Wednesday, February 13, 2008
Echelon Magazine: Transgender HRC Business Council Resignations Raise Questions About Future of Transgender Advocacy
I wrote this article for the Jan/Feb 2008 issue of Echelon Magazine, the GLBT business magazine. In it, I discuss the resignations of Donna Rose and Jamison Green, two highly-regarded transgender advocates, from the Human Rights Campaign's Business Council, and what that portends for transgender advocacy.
Transgender HRC Business Council Resignations Raise Questions About Future of Transgender Advocacy
The transgender community has made large strides towards acceptance in the halls of business during the past several years, due in major part to the Human Rights Campaign, and particularly its active Business Council, which has, until recently, included two well-regarded transgender advocates, Jamison Green and Donna Rose. Calling their decision “an extremely difficult one,” they have resigned from the Council, an advisory body within HRC focusing on workplace issues. Rose, who had also been a member of HRC’s Board of Directors, resigned from that position earlier, immediately after HRC’s October decision not to join some 350 LGBT organizations of United ENDA in opposing HR 3685, a version of the Employment Non-Discrimination Act (ENDA) that excluded gender identity protections. As Green and Rose noted in a public statement, "Recent HRC policy decisions - to actively support a version of the Employment Non-Discrimination Act (ENDA) that excludes our transgender brothers and sisters as well as gender-variant lesbian, gay, and bisexual people - have placed us in an untenable position.” These resignations raise significant questions about the future of transgender advocacy in what seems to be a changed LGBT advocacy climate.
The recent resignations came after HRC’s president, Joe Solmonese, had refused for over three weeks to arrange a meeting to address their concerns. The concerns also included HRC’s controversial abrupt about-face regarding ENDA. Less than a month before, Solmonese stood in front of the annual Southern Comfort conference, a prominent transgender convention, and publicly reiterated promises to support only an inclusive ENDA. While many transgender leaders, such as Mara Kiesling, Executive Director of the National Center for Transgender Equality, took this in good faith, there were darker interpretations by long-time opponents of HRC, such as Ethan St. Pierre, Board Chair of the National Transgender Advocacy Coalition. Unfortunately, Kiesling’s trust turned out to be misplaced, fueling bitter rivalries within the transgender community. “It was, frankly, unethical,” Kiesling said.
Green and Rose were reluctant to resign because the Council had achieved much for transgender people in the area of workplace policies and protections, as evidenced by HRC’s 2007 State of the Workplace Report and 2008 Corporate Equality Index, as well as a number of important new initiatives detailed in Rose’s public statement. HRC’s operating budget is generally understood to be the largest, and it is considered the most politically influential of all LGBT advocacy organizations. Despite all this, Rose stated that she and Green could no longer in good conscience remain on the Council, noting that “principles are not for compromise.” This leaves only one transgender person officially working with HRC: Dana Beyer of Maryland, a retired physician who has had respectable showings in campaigns for state public office, on the HRC Board of Governors. Beyer said that it is in the best interests of the transgender community that someone have access to HRC and its resources, though she acknowledges that a large organization “can sometimes lose touch with the grassroots ethics it had as a smaller organization.”
In response to the resignations, Darryl Herrschaft of the HRC said, “We at HRC look forward to continuing our groundbreaking work to build support for policies that support transgender people. We wish Donna Rose and Jamison Green well in their future endeavors.”
These events suggest the ascendancy of a more conservative trend on transgender issues within the LGBT community. While HRC suggests that it simply acknowledged political reality, the organization’s actions imply that some of its leadership and constituency are moving to reduce the importance of trans issues. Although many organizations opposed a non-inclusive ENDA, none of these have the level of power and influence of HRC, as evidenced by its $35 million budget reported in 2006 by the Movement Advancement Project, the largest chunk of the $108 million GLBT advocacy dollars funds reported for that year. A number of influential gay-rights advocates, such as John Aravosis and Chris Crain, have supported HRC’s decisions. HRC also commissioned a poll prior to the vote purporting to show that 70% of gay men and lesbians in the United States endorsed the non-inclusive ENDA, though the research methodology has since been questioned. HRC lobbyists met with legislators and, using the poll, advocated for the non-inclusive bill. In addition, HRC has actively opposed the argument, made by organizations such as Lambda Legal, that the failure of the bill to include gender identity would hurt gender non-conforming gays and lesbians, as well as transgender people, in the courts. Tiffany Dean, the Board Relations Manager of HRC, recently issued “talking points” to the HRC Board of Governors, which cites the opinion of Dale Carpenter, a law professor who publicly identifies himself as a libertarian-leaning political conservative. “As the prominent professor Dale Carpenter has publicly explained, proponents of this view have been unable to produce a single case in support of it. Although reasonable minds can differ regarding the strategy surrounding our progress toward ENDA, it is clear that the legal argument is untenable.” Opponents of Carpenter’s legal views, including Lambda Legal, have cited examples of such court interpretations, along with detailed explanations that seem to bear out the legal concerns about a non-inclusive ENDA, but Carpenter views these as unpersuasive. HRC sides with Carpenter’s conservative viewpoint, and, although it protests vigorously that it will continue to support transgender rights, it appears that transgender advocates may have to adapt to a new reality.
While this new LGBT advocacy climate poses significant challenges to traditional models of transgender advocacy, there is hope of a bright future. St. Pierre, who has long publicly stated that HRC is not to be trusted, believes that the resignations are a blow to transgender advocacy, but thinks they might have some good effects because they will refocus advocacy on a less centralized model that will function more effectively in the new LGBT advocacy climate.“We’re pulling away and saying all the work we’ve done under the banner of HRC doesn’t have to remain there, because 350 plus organizations are standing alongside us, and HRC isn’t the groundbreaking organization for the transgender community. There are a lot of tables for us to sit at, and we don’t need HRC for that.” Kiesling, who has long collaborated with HRC, says she feels very differently about HRC now. She suggests that recent events, particularly the creation of United ENDA, “show that there is a strong activist core in the LGBT movement, and the decentralized nature of our community is a big plus.” In regard to public education on transgender issues, her organization plans to concentrate on creating materials supporting education efforts by individuals around the country.
In the midst of this new climate, Green and Rose have announced the launch of a new organization to promote transgender workplace education, the Transgender Education Partnership (TransEducate.com). It is not based on the classic 501(c)(3) non-profit model, but on a business model that emphasizes the types of education that business organizations prize more highly. This partnership will look to provide education focused on business diversity issues regarding transgender employees in the workplace, targeted to executives, business owners, diversity and EEO managers, supervisors and workgroups who desire better working relationships with their transgender, transsexual, or gender variant co-workers, customers, and business partners. Their organization is an association of experienced and respected local and national transgender trainers and advocates working together to provide best-of-breed education, tools, and resources regarding gender variant, transgender, and transsexual people with respect to workplace issues, insurance and wellness benefits, EEO functions and diversity training, best practices for workplace transitions, and train-the-trainer solutions. Their education initiative appears poised to take advantage of a decentralized model that will function well in this new climate of post-ENDA transgender advocacy. In this way, it may well turn out that the resignations of Green and Rose herald the start of a new era of transgender advocacy.
Transgender HRC Business Council Resignations Raise Questions About Future of Transgender Advocacy
The transgender community has made large strides towards acceptance in the halls of business during the past several years, due in major part to the Human Rights Campaign, and particularly its active Business Council, which has, until recently, included two well-regarded transgender advocates, Jamison Green and Donna Rose. Calling their decision “an extremely difficult one,” they have resigned from the Council, an advisory body within HRC focusing on workplace issues. Rose, who had also been a member of HRC’s Board of Directors, resigned from that position earlier, immediately after HRC’s October decision not to join some 350 LGBT organizations of United ENDA in opposing HR 3685, a version of the Employment Non-Discrimination Act (ENDA) that excluded gender identity protections. As Green and Rose noted in a public statement, "Recent HRC policy decisions - to actively support a version of the Employment Non-Discrimination Act (ENDA) that excludes our transgender brothers and sisters as well as gender-variant lesbian, gay, and bisexual people - have placed us in an untenable position.” These resignations raise significant questions about the future of transgender advocacy in what seems to be a changed LGBT advocacy climate.
The recent resignations came after HRC’s president, Joe Solmonese, had refused for over three weeks to arrange a meeting to address their concerns. The concerns also included HRC’s controversial abrupt about-face regarding ENDA. Less than a month before, Solmonese stood in front of the annual Southern Comfort conference, a prominent transgender convention, and publicly reiterated promises to support only an inclusive ENDA. While many transgender leaders, such as Mara Kiesling, Executive Director of the National Center for Transgender Equality, took this in good faith, there were darker interpretations by long-time opponents of HRC, such as Ethan St. Pierre, Board Chair of the National Transgender Advocacy Coalition. Unfortunately, Kiesling’s trust turned out to be misplaced, fueling bitter rivalries within the transgender community. “It was, frankly, unethical,” Kiesling said.
Green and Rose were reluctant to resign because the Council had achieved much for transgender people in the area of workplace policies and protections, as evidenced by HRC’s 2007 State of the Workplace Report and 2008 Corporate Equality Index, as well as a number of important new initiatives detailed in Rose’s public statement. HRC’s operating budget is generally understood to be the largest, and it is considered the most politically influential of all LGBT advocacy organizations. Despite all this, Rose stated that she and Green could no longer in good conscience remain on the Council, noting that “principles are not for compromise.” This leaves only one transgender person officially working with HRC: Dana Beyer of Maryland, a retired physician who has had respectable showings in campaigns for state public office, on the HRC Board of Governors. Beyer said that it is in the best interests of the transgender community that someone have access to HRC and its resources, though she acknowledges that a large organization “can sometimes lose touch with the grassroots ethics it had as a smaller organization.”
In response to the resignations, Darryl Herrschaft of the HRC said, “We at HRC look forward to continuing our groundbreaking work to build support for policies that support transgender people. We wish Donna Rose and Jamison Green well in their future endeavors.”
These events suggest the ascendancy of a more conservative trend on transgender issues within the LGBT community. While HRC suggests that it simply acknowledged political reality, the organization’s actions imply that some of its leadership and constituency are moving to reduce the importance of trans issues. Although many organizations opposed a non-inclusive ENDA, none of these have the level of power and influence of HRC, as evidenced by its $35 million budget reported in 2006 by the Movement Advancement Project, the largest chunk of the $108 million GLBT advocacy dollars funds reported for that year. A number of influential gay-rights advocates, such as John Aravosis and Chris Crain, have supported HRC’s decisions. HRC also commissioned a poll prior to the vote purporting to show that 70% of gay men and lesbians in the United States endorsed the non-inclusive ENDA, though the research methodology has since been questioned. HRC lobbyists met with legislators and, using the poll, advocated for the non-inclusive bill. In addition, HRC has actively opposed the argument, made by organizations such as Lambda Legal, that the failure of the bill to include gender identity would hurt gender non-conforming gays and lesbians, as well as transgender people, in the courts. Tiffany Dean, the Board Relations Manager of HRC, recently issued “talking points” to the HRC Board of Governors, which cites the opinion of Dale Carpenter, a law professor who publicly identifies himself as a libertarian-leaning political conservative. “As the prominent professor Dale Carpenter has publicly explained, proponents of this view have been unable to produce a single case in support of it. Although reasonable minds can differ regarding the strategy surrounding our progress toward ENDA, it is clear that the legal argument is untenable.” Opponents of Carpenter’s legal views, including Lambda Legal, have cited examples of such court interpretations, along with detailed explanations that seem to bear out the legal concerns about a non-inclusive ENDA, but Carpenter views these as unpersuasive. HRC sides with Carpenter’s conservative viewpoint, and, although it protests vigorously that it will continue to support transgender rights, it appears that transgender advocates may have to adapt to a new reality.
While this new LGBT advocacy climate poses significant challenges to traditional models of transgender advocacy, there is hope of a bright future. St. Pierre, who has long publicly stated that HRC is not to be trusted, believes that the resignations are a blow to transgender advocacy, but thinks they might have some good effects because they will refocus advocacy on a less centralized model that will function more effectively in the new LGBT advocacy climate.“We’re pulling away and saying all the work we’ve done under the banner of HRC doesn’t have to remain there, because 350 plus organizations are standing alongside us, and HRC isn’t the groundbreaking organization for the transgender community. There are a lot of tables for us to sit at, and we don’t need HRC for that.” Kiesling, who has long collaborated with HRC, says she feels very differently about HRC now. She suggests that recent events, particularly the creation of United ENDA, “show that there is a strong activist core in the LGBT movement, and the decentralized nature of our community is a big plus.” In regard to public education on transgender issues, her organization plans to concentrate on creating materials supporting education efforts by individuals around the country.
In the midst of this new climate, Green and Rose have announced the launch of a new organization to promote transgender workplace education, the Transgender Education Partnership (TransEducate.com). It is not based on the classic 501(c)(3) non-profit model, but on a business model that emphasizes the types of education that business organizations prize more highly. This partnership will look to provide education focused on business diversity issues regarding transgender employees in the workplace, targeted to executives, business owners, diversity and EEO managers, supervisors and workgroups who desire better working relationships with their transgender, transsexual, or gender variant co-workers, customers, and business partners. Their organization is an association of experienced and respected local and national transgender trainers and advocates working together to provide best-of-breed education, tools, and resources regarding gender variant, transgender, and transsexual people with respect to workplace issues, insurance and wellness benefits, EEO functions and diversity training, best practices for workplace transitions, and train-the-trainer solutions. Their education initiative appears poised to take advantage of a decentralized model that will function well in this new climate of post-ENDA transgender advocacy. In this way, it may well turn out that the resignations of Green and Rose herald the start of a new era of transgender advocacy.
Wednesday, November 14, 2007
GLAAD PSA spot for Transgender Day of Remembrance
In honor of the Transgender Day of Remembrance, which is this Tuesday, November 20, GLAAD has released a public service advertisement called "Be an Ally & a Friend." (If that link doesn't work, try this one.) It's not specifically aimed at anti-transgender prejudice, but homophobia generally, and that gives a message of T inclusion in the LGBT community that is sorely needed.
It features actress Alexandra Billings, TR Knight, Rex Lee, John Amaechi, Rachel Griffiths and Jamie Bamber. Alexandra Billings is a transwoman who has appeared on Gray's Anatomy, among other shows. Her site says ("About Me" section): "She has now made Television history by being the first Transgendered Female to play a Transgendered Female character on Television." That appears to be for her role in a 2003 TV series. I guess that puts her earlier that than Dr. Marci Bowers, who appeared in CSI in November 2004. But I am the last person one should ask for any information about pop culture, spending more time with my nose in a book than in front of the TV. I'd love to hear from those in the know on this point.
For example, I missed last week's episode of Dirty Sexy Money, which has, I believe, the first prime time show with a recurring transgender character played by a transgender actor (I think so, anyway) where apparently "Patrick’s Senatorial candidacy is in jeopardy when somebody tries to out his relationship with Carmelita. Exactly who is trying to play this card? And will Patrick call their bluff?" (from dirtysexyblog) I'm going to have to go to the website and watch this episode. As soon as I finish reading my 200 emails, 400 posts, coaching the moot court team, and grading 100 papers....let me know what happened with Patrick, okay?
And, speaking of transgender in the media, this morning I received an email from GLAAD (the Gay & Lesbian Alliance Against Defamation) announcing the 2008 Transgender Advocacy Fellowship. From the email, it seems that there are 11 Media Fellowships for 2008, which are designed for students or recent graduates to develop media activism experience and leadership skills in the movement for LGBT equality. "GLAAD Media Fellows work in areas as diverse as National News, Entertainment, Spanish-Language Media, Transgender Advocacy, Communities of African Descent Media and more." More at GLAAD.org, http://www.glaad.org/about/fellowship_opps.php
P.S. I just watched the episode of Dirty Sexy Money from 11/1. I had to download a special viewer, but it worked just fine and the first 5 minutes shows the situation with Carmelita - well done! And there was more...but let me not spoil her moment. She's gorgeous, well-spoken, noble...the writing and acting was wonderfully done, and her character is a gem. I'm sorry now I missed it. Go see it here.
P.P.S. Transgriot has an important post on the racial divide in transgender media portrayals.
P.P.P.S. Autumn Sandeen has a post with an interview by Good Morning America of Candis Cayne, who plays Carmelita. It's wonderful, but it does imply, I think incorrectly, that Candis is the first transgender actress to play a transgender woman on a television show.
It features actress Alexandra Billings, TR Knight, Rex Lee, John Amaechi, Rachel Griffiths and Jamie Bamber. Alexandra Billings is a transwoman who has appeared on Gray's Anatomy, among other shows. Her site says ("About Me" section): "She has now made Television history by being the first Transgendered Female to play a Transgendered Female character on Television." That appears to be for her role in a 2003 TV series. I guess that puts her earlier that than Dr. Marci Bowers, who appeared in CSI in November 2004. But I am the last person one should ask for any information about pop culture, spending more time with my nose in a book than in front of the TV. I'd love to hear from those in the know on this point.
For example, I missed last week's episode of Dirty Sexy Money, which has, I believe, the first prime time show with a recurring transgender character played by a transgender actor (I think so, anyway) where apparently "Patrick’s Senatorial candidacy is in jeopardy when somebody tries to out his relationship with Carmelita. Exactly who is trying to play this card? And will Patrick call their bluff?" (from dirtysexyblog) I'm going to have to go to the website and watch this episode. As soon as I finish reading my 200 emails, 400 posts, coaching the moot court team, and grading 100 papers....let me know what happened with Patrick, okay?
And, speaking of transgender in the media, this morning I received an email from GLAAD (the Gay & Lesbian Alliance Against Defamation) announcing the 2008 Transgender Advocacy Fellowship. From the email, it seems that there are 11 Media Fellowships for 2008, which are designed for students or recent graduates to develop media activism experience and leadership skills in the movement for LGBT equality. "GLAAD Media Fellows work in areas as diverse as National News, Entertainment, Spanish-Language Media, Transgender Advocacy, Communities of African Descent Media and more." More at GLAAD.org, http://www.glaad.org/about/fellowship_opps.php
P.S. I just watched the episode of Dirty Sexy Money from 11/1. I had to download a special viewer, but it worked just fine and the first 5 minutes shows the situation with Carmelita - well done! And there was more...but let me not spoil her moment. She's gorgeous, well-spoken, noble...the writing and acting was wonderfully done, and her character is a gem. I'm sorry now I missed it. Go see it here.
P.P.S. Transgriot has an important post on the racial divide in transgender media portrayals.
P.P.P.S. Autumn Sandeen has a post with an interview by Good Morning America of Candis Cayne, who plays Carmelita. It's wonderful, but it does imply, I think incorrectly, that Candis is the first transgender actress to play a transgender woman on a television show.
Tuesday, October 2, 2007
Transgender Workplace Diversity Workshop for HR and Legal Professionals - Nov. 2
On Friday, November 2, 2007, from 9:30 am to 4:00 pm, I will be holding another workshop on transgender workplace diversity issues for HR and legal professionals at Ramapo College in Mahwah, New Jersey (just outside NYC).
This is a follow-up to the successful workshop that I gave in June, which was very warmly received by the representatives from Fortune 500 companies, the legal community and public agencies from around the country who attended.
The workshop fee includes breakfast and lunch. Each attendee will receive a copy of my new book, entitled "Transgender Workplace Diversity: Policy Tools, Training Issues and Communication Strategies for HR and Legal Professionals." (For those who cannot attend, this book will shortly be available on Amazon.com, and I will give more details when it is.) I'm pleased to note that the Human Resources Certification Institute will give 5 credits towards Human Resources professional certifications sponsored by the Institute.
You can register online here, or, for more information, call Diana Alspach at (201) 684-7625.
The subjects covered in the workshop are below.
I. TRANSGENDER BASICS
A. Terminology
B. The Gender Transition Process
C. Medical issues impacting the workplace
D. Physical changes to expect
II. GENDER IDENTITY LAW
A. Types of law in the United States
B. Statutory definitions
C. Case law
III. POLICY ISSUES AND TOOLS
A. The Gender Transition Plan
B. Bathrooms and Dressing Rooms
C. Dress Codes
D. Identification and Records Changes
E. Health Benefits
F. Customer and client communications
G. Recruitment considerations
IV. GENDER TRANSITION GUIDELINES
A. Sample Gender Transition Policy
B. Draft Gender Transition Plan
C. Gender Transition Guidance Memo for HR Professionals
D. Training Co-workers - Guidelines Review Session
E. Addressing Frequently Asked Questions
The presentation includes the collaborative learning techniques of case study and role-playing. It is guaranteed to be interesting, exciting and challenging. Participants in the last workshop offered these comments:
Interesting, useful and relevant material, and an excellent presentation style!
I found all parts interesting and thought-provoking.
The guidebook - excellent resource! I like the step-by-step guidelines.
The most useful part is the roleplay scenarios and the group discussions.
About the Presenter:
Professor Jillian T. Weiss, J.D., Ph.D., is associate professor of Law and Society at Ramapo College. Her area of research is transgender workplace diversity issues, and she has conducted research involving hundreds of companies and public agencies that have adopted "gender identity" policies. She has written a dissertation and several articles in scholarly journals and books on transgender identity and the workplace. She has consulted with Fortune 500 companies and major public organizations regarding training, policy development and communications strategies in the area of gender transition, including Boeing, HSBC, KPMG, Viacom, the New York City Department of Homeless Services and the Bergen County Utilities Authority. Her work has been featured in news stories by The Bergen Record, the St. Petersburg Times, the Society for Human Resource Management and Workforce Management Magazine. Dr. Weiss is on the Board of Advisors of the National Center for Transgender Equality, and she publishes a popular blog on the subject of transgender workplace diversity, which may be found at http://transworkplace.blogspot.com/
This is a follow-up to the successful workshop that I gave in June, which was very warmly received by the representatives from Fortune 500 companies, the legal community and public agencies from around the country who attended.
The workshop fee includes breakfast and lunch. Each attendee will receive a copy of my new book, entitled "Transgender Workplace Diversity: Policy Tools, Training Issues and Communication Strategies for HR and Legal Professionals." (For those who cannot attend, this book will shortly be available on Amazon.com, and I will give more details when it is.) I'm pleased to note that the Human Resources Certification Institute will give 5 credits towards Human Resources professional certifications sponsored by the Institute.
You can register online here, or, for more information, call Diana Alspach at (201) 684-7625.
The subjects covered in the workshop are below.
I. TRANSGENDER BASICS
A. Terminology
B. The Gender Transition Process
C. Medical issues impacting the workplace
D. Physical changes to expect
II. GENDER IDENTITY LAW
A. Types of law in the United States
B. Statutory definitions
C. Case law
III. POLICY ISSUES AND TOOLS
A. The Gender Transition Plan
B. Bathrooms and Dressing Rooms
C. Dress Codes
D. Identification and Records Changes
E. Health Benefits
F. Customer and client communications
G. Recruitment considerations
IV. GENDER TRANSITION GUIDELINES
A. Sample Gender Transition Policy
B. Draft Gender Transition Plan
C. Gender Transition Guidance Memo for HR Professionals
D. Training Co-workers - Guidelines Review Session
E. Addressing Frequently Asked Questions
The presentation includes the collaborative learning techniques of case study and role-playing. It is guaranteed to be interesting, exciting and challenging. Participants in the last workshop offered these comments:
Interesting, useful and relevant material, and an excellent presentation style!
I found all parts interesting and thought-provoking.
The guidebook - excellent resource! I like the step-by-step guidelines.
The most useful part is the roleplay scenarios and the group discussions.
About the Presenter:
Professor Jillian T. Weiss, J.D., Ph.D., is associate professor of Law and Society at Ramapo College. Her area of research is transgender workplace diversity issues, and she has conducted research involving hundreds of companies and public agencies that have adopted "gender identity" policies. She has written a dissertation and several articles in scholarly journals and books on transgender identity and the workplace. She has consulted with Fortune 500 companies and major public organizations regarding training, policy development and communications strategies in the area of gender transition, including Boeing, HSBC, KPMG, Viacom, the New York City Department of Homeless Services and the Bergen County Utilities Authority. Her work has been featured in news stories by The Bergen Record, the St. Petersburg Times, the Society for Human Resource Management and Workforce Management Magazine. Dr. Weiss is on the Board of Advisors of the National Center for Transgender Equality, and she publishes a popular blog on the subject of transgender workplace diversity, which may be found at http://transworkplace.blogspot.com/
Thursday, September 27, 2007
Police Brutality Strikes Fifth Anniversary of Sylvia Rivera Law Project
From the Sylvia Rivera Law Project:
NEW YORK - On the night of Wednesday, September 26, officers from the 9th Precinct of the New York Police Department attacked without provocation members of the Sylvia Rivera Law Project and of its community. Two of our community members were violently arrested, and others were pepper sprayed in the face without warning or cause.
The Sylvia Rivera Law Project (www.srlp.org) is an organization that works on behalf of low-income people of color who are transgender, gender non-conforming, or intersex, providing free legal services and advocacy among many other initiatives. On Wednesday night, the Sylvia Rivera Law Project was celebrating its fifth anniversary with a celebration and fundraising event at a bar in the East Village.
A group of our community members, consisting largely of queer and transgender people of color, witnessed two officers attempting to detain a young Black man outside of the bar. Several of our community members asked the officers why they were making the arrest and using excessive force. Despite the fact that our community was on the
sidewalk, gathered peacefully and not obstructing foot traffic, the NYPD chose to forcefully grab two people and arrested them. Without warning, an officer then sprayed pepper spray across the group in a wide arc, temporarily blinding many and causing vomiting and intense pain.
"This is the sort of all-too-common police violence and overreaction towards people of color that happens all the time," said Dean Spade, founder of the Sylvia Rivera Law Project. "It's ironic that we were celebrating the work of an organization that specifically opposes state violence against marginalized communities, and we experienced a police attack at our celebration."
"We are outraged, and demand that our community members be released and the police be held accountable for unnecessary use of excessive force and falsely arresting people," Spade continued.
Damaris Reyes is executive director of GOLES, an organization working to preserve the Lower East Side. She commented, "I'm extremely concerned and disappointed by the 9th Precinct's response to the situation and how it escalated into violence. This kind of aggressive behavior doesn't do them any good in community-police relations."
Supporters will be gathering at 100 Centre Street tomorrow, where the two community members will be arraigned. The community calls for charges to be dropped and to demand the immediate release of those arrested.
We ask that people show up tomorrow, Thursday, starting at 9:30am and continuing throughout the day to call for the immediate release of and the dropping of charges against the people who were arrested. The arraignment court rooms are at 100 Centre St (Directions: No. 4 or 5 train to Brooklyn Bridge Station; No. 6 train, N, R or C train to Canal Street; No. 1 train to Franklin Street; M1, M6 and M15 bus lines are nearby. 100 Centre Street is one block north of Worth Street, three blocks south of Canal Street.) Ask for directions to the arraignment rooms at the info desk when you enter.
You may call the Ninth Precinct Community Affairs Department to give evidence or express your opinion at (212)477-7811. The Ninth Precinct Community Council may be emailed at Council@thenewninthprecinct.org
NEW YORK - On the night of Wednesday, September 26, officers from the 9th Precinct of the New York Police Department attacked without provocation members of the Sylvia Rivera Law Project and of its community. Two of our community members were violently arrested, and others were pepper sprayed in the face without warning or cause.
The Sylvia Rivera Law Project (www.srlp.org) is an organization that works on behalf of low-income people of color who are transgender, gender non-conforming, or intersex, providing free legal services and advocacy among many other initiatives. On Wednesday night, the Sylvia Rivera Law Project was celebrating its fifth anniversary with a celebration and fundraising event at a bar in the East Village.
A group of our community members, consisting largely of queer and transgender people of color, witnessed two officers attempting to detain a young Black man outside of the bar. Several of our community members asked the officers why they were making the arrest and using excessive force. Despite the fact that our community was on the
sidewalk, gathered peacefully and not obstructing foot traffic, the NYPD chose to forcefully grab two people and arrested them. Without warning, an officer then sprayed pepper spray across the group in a wide arc, temporarily blinding many and causing vomiting and intense pain.
"This is the sort of all-too-common police violence and overreaction towards people of color that happens all the time," said Dean Spade, founder of the Sylvia Rivera Law Project. "It's ironic that we were celebrating the work of an organization that specifically opposes state violence against marginalized communities, and we experienced a police attack at our celebration."
"We are outraged, and demand that our community members be released and the police be held accountable for unnecessary use of excessive force and falsely arresting people," Spade continued.
Damaris Reyes is executive director of GOLES, an organization working to preserve the Lower East Side. She commented, "I'm extremely concerned and disappointed by the 9th Precinct's response to the situation and how it escalated into violence. This kind of aggressive behavior doesn't do them any good in community-police relations."
Supporters will be gathering at 100 Centre Street tomorrow, where the two community members will be arraigned. The community calls for charges to be dropped and to demand the immediate release of those arrested.
We ask that people show up tomorrow, Thursday, starting at 9:30am and continuing throughout the day to call for the immediate release of and the dropping of charges against the people who were arrested. The arraignment court rooms are at 100 Centre St (Directions: No. 4 or 5 train to Brooklyn Bridge Station; No. 6 train, N, R or C train to Canal Street; No. 1 train to Franklin Street; M1, M6 and M15 bus lines are nearby. 100 Centre Street is one block north of Worth Street, three blocks south of Canal Street.) Ask for directions to the arraignment rooms at the info desk when you enter.
You may call the Ninth Precinct Community Affairs Department to give evidence or express your opinion at (212)477-7811. The Ninth Precinct Community Council may be emailed at Council@thenewninthprecinct.org
Sunday, September 23, 2007
Human Rights Campaign Corporate Equality Index
The Human Rights Campaign has published its 2007 Corporate Equality Index, and the implications for transgender workplace diversity are most interesting. You can find the full report at this link. The report's author, HRC's Samir Luther, and the editor, Darryl Herrschaft, have done an excellent job of making the report more accessible and useful for HR professionals than ever before.58% of CEI-rated employers provide employment protections on the basis of gender identity, compared to just 29 percent in 2005 and 46 percent in 2006. This year marks the first time that more than half of all rated employers included such protections. 68% of this year’s rated businesses have written gender transition guidelines or cover “gender identity” as a topic of diversity training, up from 59 percent last year. A total of 90 employers have transition guidelines, up from 65 last year.
The implication of these numbers is that large businesses are increasingly moving to include transgender people in their EEO policies, and to implement guidelines and training on gender transition.
What is a "CEI-rated employer"? The Human Rights Campaign Foundation invites the largest and most successful U.S. employers found on various lists, such as the Fortune 1000 and AmLaw's top 200 revenue grossing law firms. Any private-sector, for-profit employer with 500 or more full-time employees can request to participate. This year, a total of 1,806 businesses received invitations to take part in the survey. Of that number, 416 submitted surveys and 519 were ultimately rated. There is obviously a great deal of self-selection in this sample, so it can't be taken as representative of American business as a whole, or even large companies as a whole. But it is nonetheless very telling about those companies that consider themselves diversity leaders and employers of choice. Often, such early-adopters of new paradigms are followed by those who come to the table later on.
The report discusses transgender wellness benefits in detail, noting that most transgender people are categorically denied health insurance coverage for their medical needs, often irrespective of whether those medical needs are related to a gender transition. I have analyzed the HRC criteria in this respect before. The report offers some suggestions to employers about how to address these insurance issues, which is a nice addition. While the issues are fairly complex, and the report's necessarily brief explanation cannot do them justice, it should at least be clear that it is not sufficient to ignore these insurance issues.
78% of this year’s rated businesses provide at least one of five categories of treatment to their transgender employees. A total of 80 employers indicated that they provided insurance coverage without exclusion to their transgender employees for the purposes of medically supervised gender transitions; these employers had an average of 40,000
employees.
Of the employers that met this criterion:
73 percent provide mental health benefits for counseling by a mental health professional.
35 percent provide pharmacy benefits for hormone therapy.
32 percent cover medical visits and lab procedures related to hormone therapy.
27 percent provide health benefits for surgical procedures.
74 percent provide short-term leave for surgical procedures.
The 27 percent figure is the most startling, as only a few years ago the number was zero. In addition, it is the transgender health benefit most feared by administrators who do not have an understanding of transgender issues. The great fear is that the benefit is going to be so expensive that it will drive up costs significantly for other plan participants. The truth is, as studies have shown, that its effect on overall premiums is slight because the number of people who are interested in such a benefit is such a small percentage of the population.
The Corporate Equality Index is must reading for those HR and legal professionals who are looking to create sound and effective transgender policies on the organizational level.
Thursday, September 20, 2007
Sylvia Rivera Law Project Celebrates 5 years
The Sylvia Rivera Law Project (SRLP) is a non-profit organization in New York City that provides information and advocacy on transgender issues. It is named for civil rights pioneer Sylvia Rivera, who was a veteran of the 1969 Stonewall uprising, and an advocate for transgender people. The organization's website has a plethora of resources on transgender issues, and it has worked to create organizational change in both public agencies and private companies.
SRLP is celebrating its fifth year by hosting an evening of food and performances at Judson Memorial Church in New York City. I'm on the host committee for this good cause.
The event is being held on Wednesday, September 26, 2007, starting at 6pm, at Judson Memorial Church, 55 Washington Square South, New York, NY. The event is wheelchair accessible. There will be food and drinks, as well as performances, speeches, and appearances by:
http://www.srlp.org/srlp5thanniversary
or call Ryder or Casey at 212.337.8550 ext.111
Please also join us for the official afterparty at:
Gimme Five! - the Official Afterparty
Wednesday, September 26, 9pm
M & R Bar, 356 Bowery at E. 4th St.
DJs: MEN (Jo and JD from Le Tigre) & DJ Craig
The afterparty is FREE for those who attend the SRLP 5th Anniversary Celebration
or $5/$10 (suggested donation) for everyone else
Sylvia Rivera Law Project, and the 5th Anniversary Host Committee:
Miabi Chatterji, Carrie Davis, Trishala Deb, Ivan Dominguez, Eli Dueker, Lynly Egyes, Jesse Ehrensaft-Hawley, Myles Gideon, Kiwi Grady, Chelsea Ross Green, Margarita Guzman, Bryn Kelly, Mickey Lambert, Cayden Lovejoy, Rickke Mananzala, Ileana Méndez-Peñate, Anya Mukarji-Connolly, Soniya Munshi, Allison Palmer, Jacob Rolls, Emily Roysdon, Dara Silverman, Sonja Sivesind, Alvin Starks, Kendall Thomas, Urvashi Vaid, Jillian Weiss, Craig Willse, Sasha Wortzel
SRLP is celebrating its fifth year by hosting an evening of food and performances at Judson Memorial Church in New York City. I'm on the host committee for this good cause.
The event is being held on Wednesday, September 26, 2007, starting at 6pm, at Judson Memorial Church, 55 Washington Square South, New York, NY. The event is wheelchair accessible. There will be food and drinks, as well as performances, speeches, and appearances by:
June Brown (MC) * Trishala Deb * Naomi Clark * Dean Spade * L'tifah E. ColcloughTickets may be purchased online or by mail. If you are unable to attend the event, but would like to support the organization, you may purchase a "Long Distance Love" ticket. To purchase tickets or to get more information, go to
* Are Women Human? By Nick Nanna Hadikwa Mwaluko * Global Action Project *
The Rude Mechanical Orchestra
http://www.srlp.org/srlp5thanniversary
or call Ryder or Casey at 212.337.8550 ext.111
Please also join us for the official afterparty at:
Gimme Five! - the Official Afterparty
Wednesday, September 26, 9pm
M & R Bar, 356 Bowery at E. 4th St.
DJs: MEN (Jo and JD from Le Tigre) & DJ Craig
The afterparty is FREE for those who attend the SRLP 5th Anniversary Celebration
or $5/$10 (suggested donation) for everyone else
Sylvia Rivera Law Project, and the 5th Anniversary Host Committee:
Miabi Chatterji, Carrie Davis, Trishala Deb, Ivan Dominguez, Eli Dueker, Lynly Egyes, Jesse Ehrensaft-Hawley, Myles Gideon, Kiwi Grady, Chelsea Ross Green, Margarita Guzman, Bryn Kelly, Mickey Lambert, Cayden Lovejoy, Rickke Mananzala, Ileana Méndez-Peñate, Anya Mukarji-Connolly, Soniya Munshi, Allison Palmer, Jacob Rolls, Emily Roysdon, Dara Silverman, Sonja Sivesind, Alvin Starks, Kendall Thomas, Urvashi Vaid, Jillian Weiss, Craig Willse, Sasha Wortzel
Thursday, September 7, 2006
NYC lawyer's association to address transgender legal rights
Here's an interesting seminar coming up in New York City at the Association of the Bar of the City of New York:
A panel discussion about current judicial, legislative, and political developments on the local, state, and federal levels, affecting the legal and civil rights of transgendered persons. Tuesday, October 17, 2006 7-9 pm
Now, a lot of you out there might think that New York City is so transgender friendly that New York City lawyers would have to deal with transgender issues on a daily basis and know all about it. However, the truth is that most transgender people don't have the type of jobs that would interest the plaintiff's bar, and even when they do, your average judge and jury doesn't always see anti-trans behavior as discriminatory. If you think I'm exaggerating, check out the recent ruling by a Manhattan judge that transgender persons cannot change their names to one traditionally associated with the opposite sex.
At the same time, however, that is beginning to change, as more transgender people of the middle classes are able to retain their jobs after transition, and feel free to retain some visibility. In addition, New York City recently passed a law in 2002 providing explicit protection on the basis of "gender identity," so it's now on the radar of the plaintiff's bar (though the state courts have interpreted protection for transgender employees for a decade, which shows you the practical difference between a court opinion and a statute). That means the corporate bar needs to ante up, and they are.
In addition, a large number of employers in the New York City area have their own EEO policies that include "gender identity," so lawyers need to understand these issues. These companies read like Who's Who, including ITT, Barclays, HarperCollins, Nixon Peabody, Deloitte & Touche, Con Ed, Keyspan, Credit Suisse, New York Life, MetLife, Ernst & Young, PricewaterhouseCoopers, Cadwalader, KPMG, Pepsi., New York Times, Viacom, IBM, Bristol-Myers Squibb, Deutsche Bank, Starwood Hotels, Merrill Lynch, Estee Lauder, Accenture, Morgan Stanley, Goldman Sachs, American Express, Citigroup, J.P. Morgan Chase, Pfizer, and Lehman Brothers.
The speakers are an interesting bunch, so it promises to be an interesting evening. The panel features some transgender lawyers, which is interesting in itself; a sign that the community is coming of age.
One of the organizations, the Sylvia Rivera Law Project, which is dedicated to transgender legal issues, has much useful information on transgender employee issues, as well as info on that always fascinating topic: the bathroom. They also have a link to the full text of the NYC guidelines, a ten page booklet which specifically discusses what is and is not permitted under NYC law. These should be instructive for HR managers out there who are wondering what kinds of actions are or are not appropriate under their company's "gender identity" EEO policies.
A panel discussion about current judicial, legislative, and political developments on the local, state, and federal levels, affecting the legal and civil rights of transgendered persons. Tuesday, October 17, 2006 7-9 pm
Now, a lot of you out there might think that New York City is so transgender friendly that New York City lawyers would have to deal with transgender issues on a daily basis and know all about it. However, the truth is that most transgender people don't have the type of jobs that would interest the plaintiff's bar, and even when they do, your average judge and jury doesn't always see anti-trans behavior as discriminatory. If you think I'm exaggerating, check out the recent ruling by a Manhattan judge that transgender persons cannot change their names to one traditionally associated with the opposite sex.
At the same time, however, that is beginning to change, as more transgender people of the middle classes are able to retain their jobs after transition, and feel free to retain some visibility. In addition, New York City recently passed a law in 2002 providing explicit protection on the basis of "gender identity," so it's now on the radar of the plaintiff's bar (though the state courts have interpreted protection for transgender employees for a decade, which shows you the practical difference between a court opinion and a statute). That means the corporate bar needs to ante up, and they are.
In addition, a large number of employers in the New York City area have their own EEO policies that include "gender identity," so lawyers need to understand these issues. These companies read like Who's Who, including ITT, Barclays, HarperCollins, Nixon Peabody, Deloitte & Touche, Con Ed, Keyspan, Credit Suisse, New York Life, MetLife, Ernst & Young, PricewaterhouseCoopers, Cadwalader, KPMG, Pepsi., New York Times, Viacom, IBM, Bristol-Myers Squibb, Deutsche Bank, Starwood Hotels, Merrill Lynch, Estee Lauder, Accenture, Morgan Stanley, Goldman Sachs, American Express, Citigroup, J.P. Morgan Chase, Pfizer, and Lehman Brothers.
The speakers are an interesting bunch, so it promises to be an interesting evening. The panel features some transgender lawyers, which is interesting in itself; a sign that the community is coming of age.
One of the organizations, the Sylvia Rivera Law Project, which is dedicated to transgender legal issues, has much useful information on transgender employee issues, as well as info on that always fascinating topic: the bathroom. They also have a link to the full text of the NYC guidelines, a ten page booklet which specifically discusses what is and is not permitted under NYC law. These should be instructive for HR managers out there who are wondering what kinds of actions are or are not appropriate under their company's "gender identity" EEO policies.
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