Historic Hearing on Need for Workplace Protections for Transgender Americans
The first-ever Congressional hearing exclusively on the issue of workplace discrimination against transgender Americans occurred on June 26 in an effort to build broad support for federal workplace protections.
The hearing, held by the House Education and Labor’s Subcommittee on Health, Employment, Labor and Pensions, was titled “An Examination of Discrimination Against Transgender Americans.”
Coordinated by Congressional allies, including Subcommittee Chairman Rob Andrews (D-NJ), Rep. Tammy Baldwin (D-WI) and Rep. Barney Frank (D-MA), as well as a coalition of GLBT groups, the hearing was intended to send a strong message to Congress about the need for fully-inclusive federal workplace protections.
“It’s an injustice that we are ever evaluated for employment based on other people’s comfort with our existence I am before you today to affirm that transgender and transsexual people, including me, are equally human and deserve to be treated like other people,” said Diego Sanchez, business council member for the Human Rights Campaign, a GLBT advocacy group.
Congress heard from a several supporters, including a representative from Dow Chemical Company, and various transgender people such as Meghan Stabler, business council member for HRC.
“Like the witnesses before you today, I have been and am still a productive, responsible, dedicated and passionate employee. It is only when we are subject to discriminatory actions and a lack of workplace protections that our work begins to suffer. Without work, we lose income. Without income or savings, we lack access to affordable healthcare, and sometimes healthcare is not even available to us from certain providers just because of our transitional history or status,” said Stabler.
“Without healthcare we often cannot complete transition. With the stress placed on us, often suicide is a considered option. As you have seen from the witnesses called before you today, we have varying careers, although some no longer are able to work in their chosen profession, if at all. Standing behind us in the fabric of America there are tens of thousands more who face continuing discrimination. Their voices cannot be here today, but I assure you that during any business day you have flown with, sat next to, ordered from, or talked to a transgender person,” she said.
San Francisco-based Transgender Law Center also played a critical role in the testimony that exposed discrimination against transgender employees. In addition to first-hand testimony from U.S. House of Representative Tammy Baldwin (D-WI), Representative Barney Frank (D-MA), NCLR Legal Director Shannon Minter, and transgender professionals who experienced employment discrimination, members of the Health, Employment, Labor and Pensions Subcommittee reviewed written testimony submitted by organizations such as the Transgender Law Center.
“TLC’s testimony included our seminal report ‘Good Jobs Now! San Francisco’ which provides sorely needed data on the economic reality experienced by transgender people and our families,” said Masen Davis, Executive Director of the Transgender Law Center.
“This was a historic and important step in advancing transgender equality and saving transgender lives,” said Mara Keisling, executive director of the National Center for Transgender Equality, one of the key organizers of Thursday’s hearing. “The data that the Transgender Law Center has collected about transgender people in the San Francisco Bay Area was extremely important in making the case for federal employment protections,” said Keisling.
Representative Linda Sánchez (D-CA) from California’s 39th District referenced information from ‘Good Jobs Now!’ during the hearing, noting “I’ve learned that the Transgender Law Center in San Francisco seems to keep pretty busy in trying to protect Californians from improper terminations as well as on the job abuse and harassment. One of the examples that was given…a 13-year employee of a San Francisco night club was verbally harassed, demoted and even subjected to physical assault, all because he informed his employers that he would be transitioning to male.”
Rep. Sanchez’s statement reflects the chronic pattern of employment discrimination reported in the Transgender Law Center’s “Good Jobs NOW! San Francisco” report – a wakeup call of the harsh reality of underemployment and employment issues transgender individuals face.
The report found that nearly 60 percent earned under $15,300 annually and only 8 percent earned over $45,900. Only 25 percent were working full-time, with 16 percent working part-time, and nearly 9 percent reporting no source of income.
Over 57 percent reported experiencing employment discrimination, but as few as 12 percent took any kind of action and only 3 percent filed an administrative or civil complaint. The survey was supported by the Women’s Foundation of California and conducted by TLC and the San Francisco Bay Guardian. The report has educated individuals and companies, and shaped inclusive public policy for gender non-conforming individuals since its 2006 publication.
Transgender activist hope the hearing sheds enough light on the issue of workplace discrimination that Congress will feel more comfortable including gender identity in workplace non-discrimination legislation that already includes gay men and women. However, Congress isn’t expected to vote on any such legislation until next year.
