As sponsored by the Gender Public Advocacy Coalition
BACKGROUND: ENDA DOESN'T YET COVER TRANSGENDERED PEOPLE. The Employment
Non-Discrimination Act of 1997 (ENDA) is proposed legislation that would
prohibit employment discrimination based on sexual orientation.
Although transgendered people are victimized by this form of
discrimination more than any other group, prior versions of ENDA did
not cover transgendered people because they did not include 'gender
identity.' The ENDA Gender Identity Amendment would correct this
oversight and add protection for transgendered persons based on their
gender identity.
* FORGET THE STEREOTYPES.
Transgendered people are average, hardworking Americans. Forget the
stereotypes of transvestite prostitutes and forlorn transsexuals.
Transgendered people are airline pilots, artists, attorneys, doctors,
engineers, policemen, postal workers, small business owners, software
designers, writers - we work in every occupation you can name. The fact
that we are transgendered has nothing to do with our experience,
qualifications and abilities. Like you, we work hard, pay our taxes,
own homes, and support our young children and our aging parents. Unlike
you, however, we can lose our jobs with little or no warning - and with
no legal recourse - simply because we are transgendered.
* CURRENT RESEARCH SUGGESTS GENDER IDENTITY IS INNATE. Transgendered
people have been heavily stigmatized by media stereotyping. Recent
scientific research suggests, however, that transgenderism has a strong
biological component and that many of us are born with gender
identities that are not congruent with our assigned birth sexes. Being
transgendered may not be a choice nor a "lifestyle" but something one
is born with.
* MOST PEOPLE ASSUME THA T GENDER IDENTITY DIFFERENCES ARE THE SAME AS
SEXUAL ORIENTATION DIFFERENCES: NOT SO!
Transgendered people have the same range of sexual orientations as
non-transgendered people: most are heterosexual, and a smaller
percentage are homosexual or bisexual. Despite this reality,
transgendered people are almost universally perceived to be homosexual
simply because of their appearance, which is often that of a masculine
woman or a feminine man. Because this perception is so pervasive, a
transgendered person is actually more likely to fall victim to anti-gay
violence or discrimination than a conventionally feminine-appearing
lesbian or a conventionally masculine-appearing gay man.
* WHY DO TRANSGENDERED PEOPLE NEED PROTECTION AGAINST JOB
DISCRIMINATION?
Even more than gay men, lesbians or bisexuals, transgendered persons
are routinely targeted for workplace discrimination while being almost universally
unprotected under existing laws. There are few
transgendered people who not have experienced loss of employment,
denial of employment, or underemployment solely because of their
transgendered status. For transsexual people in particular, initiating
the process of gender transition frequently means permanent loss of a
profession or career. In addition to the impact on individual
transgendered people and their families, this discrimination has a
tremendous social and financial cost. Because so many transgendered
people are excluded from employment, transgendered people are
disproportionately driven into poverty and/or unwanted dependence on
public assistance.
TRANSGENDERED PEOPLE AREN'T YET COVERED BY ENDA.
If ENDA 1997, sponsored by a coalition of groups from the Leadership
Council on Civil Rights led by the Human Rights Campaign, is
re-introduced in the same form in which it was introduced in the 105th
Congress, it will address only sexual orientation. Unless ENDA is
corrected, it will leave transgendered persons out in the cold.
TRANSGENDERED PEOPLE HAVE NO LEGAL RECOURSE.
The courts have ruled that transgendered people are not covered under
existing anti-discrimination laws, including those based on sex (Title
Vll), sexual orientation, and personal appearance. Moreover,
transgendered people have no statutory protection in the vast majority
of jurisdictions. Due to ignorance, misinformation and stereotyping,
transgendered people were specifically excluded from the Americans with
Disabilities Act of 1991 and are not covered under disability statutes
in most states. Hence the need for the inclusion of gender identity in
ENDA 1997.
A TREND IS EMERGING TO PROVIDE STATUTORY PROTECTION FOR TRANSGENDERED
PERSONS.
Legislation for anti-discrimination protection based on gender identity
is not without precedent. Currently, the state of Minnesota affords
such protection by defining sexual orientation to incl~lde
transgendered persons. There are also gender identity-specific civic
ordinances in the cities of Santa Cruz, Berkeley and San Francisco,
California; Seattle, Washington; Minneapolis-St. Paul, Minnesota; and
Cedar Rapids and lowa City, lowa. In 1996, bills prohibiting gender
identity-based discrimination were introduced in the state houses of
Maryland (HB 325) and California (SB 1964). Overseas, the Australian
province of New South Wales prohibits discrimination against
transgendered people, and the European Court of Justice has found such
discrimination to be illegal under existing laws.
WHAT THE ENDA GENDER IDENTITY AMENDMENT WOULD DO.
The amendment would add "gender identity" to the existing language of
ENDA, and also would add a section on reasonable accommodation. A job
applicant or employee alleging discrimination based on gender identity
(defined to include identity, expression or physical characteristics
not traditionally associated with birth sex) could bring a claim before
the Equal Employment Opportunity Commission or corresponding state or
federal EEO unit. If his or her claim were not resolved at that level,
he or she could in appropriate circumstances bring an action in federal
court.
Citations to the laws mentioned herein may be obtained from the Gender
Public Advocacy Coalition's Washington D.C. Congressional Advocacy
Coordinator, Ms. Dana Priesing, Esq., at (202) 347-3024, email:
dpriesing@waonline.com. For West Coast Inquires, please contact Jamison
Green, President, Female-To-Male International, at (510) 658-0474,
email: JamisonG@aol.com, or Shannon Minter, National Center for Lesbian
Rights, (415) 392-6257, email: ShanMinter@aol.com.
The Gender Political Advocacy Coalition is a group of transgendered
organizations and citizens dedicated to the pursuit of gender,
affectional, and racial equality.
Angela Gardner 610.975.9119
Executive Director email: angela@ren.org
The Renaissance Transgender Association, Inc. <<http://www.ren.org>