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Why ENDA Matters to the Trans Community

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From Huffington Post:  http://www.huffingtonpost.com/brynn-tannehill/why-enda-matters-to-the-trans-community_b_3223419.html?utm_hp_ref=gay-voices


05/12/2013

In the modern era of LGBT civil rights, transgender inclusion in employment nondiscrimination bills has been the proverbial elephant in the room. The subject drove a deep wedge between the transgender community and the LGB community in 2007, when the Employment Non-Discrimination Act (ENDA) bill was stripped of gender identity language in order to get it to the floor for a vote. Proposed ENDA bills since then have included gender identity but have not had the support necessary to make it to a vote in the House or Senate.

There has been some progress in the past decade for transgender people in the workplace. In 2002 only 5 percent of the companies that participated in the Human Rights Campaign’s (HRC) Corporate Equality Index (CEI) had gender identity included in their corporate equal opportunity statement. By 2013 it has risen to 84 percent. Since 2002 a host of legal cases have begun to clearly establish that discriminating against transgender people falls under Title VII of the 1964 Civil Rights Act’s prohibition against discrimination on the basis of sex. Smith v. City of Salem, Barnes v. City of Cincinnati, Schroerer v. Library of Congress and Macy v. Holder have more or less established this as the dominant narrative in case law. Glenn v. Brumby took it a step further, with the 11th Circuit ruling that the equal protection clause of the 14th Amendment also applies.

Those who oppose ENDA or oppose transgender inclusion in it for political purposes ask why we need it when it seems like the transgender community has all these things going for it as it is. The short answer is that we desperately need it because what we have in place is not preventing massive and widespread discrimination against transgender people.

Continue reading at:  http://www.huffingtonpost.com/brynn-tannehill/why-enda-matters-to-the-trans-community_b_3223419.html?utm_hp_ref=gay-voices



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