Trans people have federal protections gays and lesbians don’t.

It’s becoming increasingly common to see a loud stream of ramble rousing from the trans community in regards to their rights. Trans rights headlines are quickly replacing gay rights headlines. We are being flooded with individual’s stories emotion provoking plights. It’s emotional manipulation, but as the gay community knows, that is an effective tool.

Trans activist are screaming that “The fight is not over!” and “Don’t forget the T!” lamenting how they feel that gay men and lesbian women have reached their goals.  How that gays and lesbians can now openly serve in the military (Oh boy, more bodies for men’s wars!) How DOMA was struck down. How marriage is now a right for same sex couples. I often see gay and lesbian people being told to take a seat because trans people have something to say, after all they just have it  SO. MUCH. HARDER. I mean…people look at them funny when they go into spaces designated for the opposite sex, and they of course, wrongly receive abuse for their gender non conformity (As if gays and lesbians haven’t been gender non-conformist for ages.).

Bullying is wrong, I don’t think that assertion is an emotional plea, and I’d be hard pressed to believe that anyone would advocate for the bullying of anyone, unless one is a bully themselves, and yes, to be honest, there are plenty. I think that a version of bullying is to take space away from people with legitimate concerns and force those people to center you. The trans community employs this bullying against female people first and foremost with the huge male (trans women) push to invade any and all female spaces (bathrooms, locker rooms, women only events, women’s sports, dyke march, even women’s prisons.) and secondly it’s directed at the lesbian and gay community from sexual coercion to this narcissistic Me me me attitude.

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While the Transgender community would like to play the most oppressed and the most victimized out of all LGBT alphabet, you will rarely hear them mention the fact that transgender people have federal protections never afforded to gays and lesbians. They are federally protected from employment discrimination under Title VII

http://www.justice.gov/opa/pr/attorney-general-holder-directs-department-include-gender-identity-under-sex-discrimination

A trans person (That is a person of a certain biological sex who attempts to present and live as the opposite sex.) can’t be fired for their gender expression. This is great. I’m behind that 100%.I don’t believe that trans people should be fired from their jobs for being trans. it goes against everything I believe in. However to have the trans community continuously berate the gay community for not centering their bathroom woes to their satisfaction, or focusing on the “large” number of trans people murdered this year (seemingly overlooking the fact that 100’s of actual women have been murdered this year. without an inkling of that outrage.).

http://fusion.net/story/185799/2015-transgender-women-murdered-underreported/

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So while Trans people rightfully enjoy employment protection, it is important to point out that is an achievement they have made on the coattails of gays and lesbians who still don’t have that much needed protection.

From the article linked below:

“A Missouri man who was fired from his job for being gay, after allegedly enduring seven years of harassment at work before the dismissal, is not going to be able to sue for discrimination.

A 2-1 decision in the Western District Missouri Court of Appeals ruled that the state law that protects against discrimination at work only covers gender-based issues.”

http://www.newnownext.com/appeals-court-rules-man-cant-sue-company-that-fired-him-for-being-gay/10/2015/

So the next time a transgender person or their ally wants to tell you how bad they have it, be sure to remind them that as a gay or lesbian person, you are still at risk for being fired and employment discrimination is a little more relevant than sideways looks one may receive in a public restroom,

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11 thoughts on “Trans people have federal protections gays and lesbians don’t.

  1. Pingback: Trans people have federal protections gays and lesbians don’t | Critiquing Transgender Doctrine & Gender Identity Politics

  2. Neither transgender nor gay, lesbian, and bisexual people are protected federally from employment. Employment is Title VII, not Title IX, which refers to education. Though you would be right if you were to point out that transgender people received EEOC backing on employment nondiscrimination earlier than gay and lesbian people (2012 vs. 2015). Who knows how that happened. Recent victories for gay and lesbian people have been argued using gender as the reason as well, saying that discrimination against gay and lesbian people is gender discrimination due to sex role stereotypes of which gender a person “should” partner with.

    Source: “Yet an increasing number of courts, as well as the EEOC (the primary Agency charged with enforcing the statute), have recognized that intentional discrimination based on an individual’s sexual orientation can be proved to be grounded in sex-based norms, preferences, expectations, or stereotypes.” http://www.eeoc.gov/eeoc/litigation/selected/lgbt_facts.cfm

  3. I think you mean protections based on several recent EEOC rulings under Title IIV, which is meant to prevent companies from discriminating against someone because of their sex. Title IX has nothing to do with employment. It is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Despite the fact that Title IIV has been around since the 1960s, females continue to be discriminated against in offensive frequency at their places of employment and now trans people are supposed to somehow be more protected under these same flawed federal law. While a handful of cases brought to federal court against discriminating employers have been successfully won, it’s hardly time for anyone to go a head and hang up their hats and call it a day on this.

    As for discrimination in the work place based on sexual orientation, as of July 2015, the EEOC has also also decided to interpret Title VII of the Civil Rights Act of 1964 to cover discrimination against LGBT employees, as “allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”. Basically.. the exact same protection which trans persons are supposed to have based on gender identity, also protects employees based on sexual orientation. This decision impacts ONLY employment, however.

    More on that can be found here:
    http://bluenationreview.com/eeoc-rules-lgbt-workplace-discrimination-illegal-under-existing-law/

    “We therefore conclude that Complainant’s allegations of discrimination on the basis of sexual orientation state a claim of discrimination on the basis of sex. We further conclude that allegations of discrimination on the basis of sexual orientation necessarily state of claim of discrimination on the basis of sex.” — EEOC Ruling, July 2015

  4. And today, November 2, 2015, CHICAGO — Federal education authorities found on Monday that an Illinois school district had violated anti-discrimination laws when it did not allow a transgender student who identifies as a girl and participates in athletics to change and shower in the girls’ locker room without restrictions. (NY Times)

  5. This is a wonderful post. I would love to join an LGBT group because as a feminist, their fight is my fight but I can’t be arsed to join a group where the LG and B are over run by the T. I will feature this post on my sidebar as a focal point. Thanks J.

    So how does the G community feel about this overall? Do you have any idea?

    I learned from a friend of mine in the Nederlands that the group who experiences the most violence are females who want to be men. I’ll have to look into it further but since the study is in Dutch it will have to be translated.

  6. “There is zero blanket or enforceable job protection for LGB, T, or GNC people. Deference does NOT apply across the board–all that means is maybe someone will listen to you, if they are vaguely liberal-minded, if they have time and if it won’t cost them money. You can be legally fired for any of the above identities because employment is largely at will and employment otherwise often has contract clauses around ‘moral behavior’. Courts are almost always more sympathetic to discrimination around sexual orientation, provided there is no outward expression that is perceived as threatening a company image. The HERO debacle really informs how issues of gender are treated.

    As anecdotal stuff, I have specifically had to fight to keep positions over my (perceived) sexual orientation. In my field, when people think I am a lesbian, there is the very real possibility that I could be removed from that position–I have had that brought up in supervision, interviews, and other situations–because that is perceived as a threat. Is is actionable? Maybe. I live in a fairly liberal state, but sexual orientation is not a protected category, nor is it covered under union contracts.

    No one who is a sexual minority or trans or gender non-conforming can depend on any law or government function to work in their favor, ever. EEOC was not created with sexual or gender minorities in mind, and both categories are considered equally expendable. Trying to say either are discriminated against more or has more/less legal protections is a divide-and-conqure method that leaves all communities that involve sexual and gender minorities weak and allows ruling powers to continue the status quo.”

    I got this response from someone on my FB when I raised this issue and many others to show that being LGB is not less oppressive & more acceptable than being trans. I am not American. Your post makes it seem cut & dry. What would you say to something like this please?

  7. Neither T nor LGB are protected federally from employment discrimination. Employment is under Title VII, not Title IX, which refers to education. Though you would be right if you were to point out that transgender people received EEOC backing on employment nondiscrimination earlier (2012) than LGB (2015). From the EEOC website: “Yet an increasing number of courts, as well as the EEOC (the primary Agency charged with enforcing the statute), have recognized that intentional discrimination based on an individual’s sexual orientation can be proved to be grounded in sex-based norms, preferences, expectations, or stereotypes.” http://www.eeoc.gov/eeoc/litigation/selected/lgbt_facts.cfm

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