The National Center for Transgender Equality has released what it calls a Blueprint for Equality (pdf) for transpeople. It lists what it says are 99 steps that could be taken to improve the lives of transgender Americans…though I count 100 steps that are included in the report.
The 17 areas of concern addressed are economic opportunity, housing and homelessness, safe and supportive schools, access to quality health care, fighting HIV/AIDS, ending anti-transgender violence, improving the lives of aging transpeople, counting transpeople in federal surveys, ID documentation and privacy, the right to travel, equal access to federal programs, immigration reform, prison and detention reform, open military service, honoring our veterans, family and relationship recognition, and advancing global human rights.
Over the next several days, I plan to share the recommended steps in several separate posts.
First up is economic opportunity.
1. Congress should pass the Employment Non-Discrimination Act (ENDA), which would prohibit discrimination in employment based on gender identity and sexual orientation.
That should go without saying. 73% of voters support ENDA (81% of democrats, 74% of independents and even 66% of republicans). Those in favor also include 74% of Catholics and 61% of senior citizens. Even 50% of those who view LGBT unfavorably support nondiscrimination protections. Only about 2% of Americans support ENDA, but only if transgender people are excluded.
So what's the problem? About 9 out of 10 Americans believe we already have such protections. A similar number did not know if their state had such workplace protections. Meanwhile 90% of transgender Americans report having experienced some sort of harassment or mistreatment on the job.
It's easy to nay-say that a republican congress would never pass such a thing…but neither did a democratic one.
2. The President should issue an Executive Order prohibiting federal contractors and subcontractors from discriminating on the basis of gender identity and sexual orientation.
What's the hold up here? That's what a lot of people are asking.
3. The Equal Employment Opportunity Commission (EEOC) should investigate and mediate complaints from transgender people based on sex discrimination under Title VII of the Civil Rights Act of 1964.
Title VII prohibits discrimination based on sex. In Price Waterhouse v Hopkins...
JUSTICE BRENNAN, joined by JUSTICE MARSHALL, JUSTICE BLACKMUN, and JUSTICE STEVENS, concluded that, when a plaintiff in a Title VII case proves that her gender played a part in an employment decision, the defendant may avoid a finding of liability by proving by a preponderance of the evidence that it would have made the same decision even if it had not taken the plaintiff's gender into account.
Justices White and O'Connor concurred with the judgment but filed different opinions. US District courts have used the case to grant Title VII claims in
Schroer v Library of Congress and
Glenn v Brumby.
4. Each federal agency should issue a policy directive stating that it will ensure that federal employees will not be discriminated against on the basis of gender identity and that transgender discrimination claims will be processed according to Title VII procedures.
Some federal agencies have done so, notably the Department of State, (a href = "http://www.renee-baker.com/2010/09/02/transgender-pilot-regains-her-wings/">Department of Labor, and the new Consumer Financial Protection Bureau, and all of them are supposed to do so since gender identity is a protected category in the overall federal EEO policy since January 1, 2010. But that hasn't completely stopped transgender employees from being mistreated (cf. Ashley Yang at TSA).
5. The Occupational Safety and Health Administration (OSHA) should issue guidance clarifying that employers must provide all workers with full access to sanitary facilities consistent with their gender identity.
Yes…the bathroom issue. OSHA requires that all workers have unrestricted access to a convenient restroom, and has suggested that a walk of more than 1/4 mile is too far.
6. The Department of Homeland Security, Department of Justice, and other agencies should adopt uniform policies providing for the classification of transgender law enforcement and security officers on the basis of their gender identity for purposes of gender-specific job duties.
Forcing a male-to-female TSA employee to search only male passengers would be a case in point.
7. The Office of Personnel Management should ensure that Federal Employees Health Benefits plans provide coverage for medically necessary transition-related care for federal employees and their partners and dependents.
Discrimination in benefits is still discrimination.
8. The Department of Labor should adopt clear national guidelines to prohibit discrimination and ensure fair treatment for transgender people at all One-Stop Career Centers.
9. The Department of Labor should adopt clear national guidelines to prohibit discrimination and ensure fair treatment for transgender people in all Job Corps programs.
10. The Department of Labor should identify, promote and fund best practices for helping transgender people enter the workforce.
11. The Federal Aviation Administration (FAA) should revise its medical certification procedures to reflect current medical science and eliminate unnecessary obstacles for transgender pilots and others who need FAA medical certification for their jobs.
Within two hours of coming out as transgendered to her Human Resources department, corporate jet pilot Jamy Spradlin was put on paid administrative leave. To make matters worse, the Federal Aviation Administration delayed renewing her license to fly for nearly a year while they evaluated her psyche for stability after beginning hormone replacement therapy.