Court rules anti-trans employment discrimination is unconstitutional

Employment discrimination because of transgender status is sex-based bias and therefore impermissible, according to a three-judge panel of the 11th U.S. Circuit Court of Appeals, which ruled unanimously in favor of a Georgia state employee, Vandy Beth Glenn (left), who was fired from her job because she had chosen to transition from man to woman. 

"An individual cannot be punished because of his or her perceived gender-nonconformity," one judge wrote.

TransYouth Family Allies' Kim Pearson wins Vanguard Award at LGBTA Youth Award

Kim Pearson, Executive Director of TransYouth Family Allies (TYFA), was awarded the prestigious Vanguard Award last Tuesday night in recognition of her work on behalf of gender-variant youth and their families.

TYFA President Shannon Garcia said. "The Vanguard Award is a wonderful acknowledgement of Kim's work for TYFA at the frontier of family support related to gender identity and expression. Gender-variant minors and their families have unique needs. As more young people express a wider range of gender identities, including transition to living in their affirmed gender, TYFA is leading the way in these emerging legal, medical, and social issues."

Kim Pearson accepted the award Tuesday night, and said,  "I am thrilled and honored to receive this award. Since our founding in 2006, TYFA has seen significant improvements in attitudes and accommodations for gender-variant and gender-questioning youth. Recognition like the Vanguard Award inspires me and the organization I lead to keep that momentum going."

Praise for New Federal Guidance on Protecting Transgender Federal Workers

The Human Rights Campaign on Friday praised the Office of Personnel Management (OPM) for publishing guidance regarding transgender federal employees.  Pursuant to a June 2009 presidential memorandum regarding federal employees, OPM added gender identity to the categories protected under the equal employment opportunity policy for Executive Branch positions.

The guidance is available at www.opm.gov/diversity/Transgender/Guidance.asp, provides further information to federal managers and human resources officials to ensure that transgender employees are treated fairly and equally in their public service to our nation.

"It is an essential American value that workers be judged on their merits, not personal characteristics like gender identity that have no bearing on how well you can do the job," said HRC President Joe Solmonese.  "Today's guidance will help to ensure that all federal workers – whether fighting fires in our national forests, prosecuting federal crimes in court, conducting groundbreaking cancer research or making sure this week's paycheck gets to your mailbox – will be treated with the fairness and dignity they deserve.  We thank President Obama and OPM Director John Berry for their leadership in providing a federal workforce that welcomes all who would enter public service, including transgender people."

As part of its Blueprint for Positive Change, a series of policy recommendations to improve the lives of LGBT Americans and their families, HRC urged the Obama administration to extend protections to transgender federal workers. 

The transgender community often faces increased hurdles during a job search. Although Colorado has an inclusive employment non-discrimination act in place that protects transgender employees and jobseekers, discrimination due to lack of knowledge and understanding can still occur. Therefore, it is imperative that both transgender job applicants and prospective employers have the information they need for a successful employment situation.

On May 7, 2011, The GLBT Community Center of Colorado's (The Center)  Transgender Career Advancement Project (TCAP) made history by presenting the first-ever Colorado Transgender Job Fair. The job fair's purpose was to assist members of Colorado's transgender community in finding well-paying jobs with employers who have transgender-inclusive policies in place and can provide a living wage, benefits, and opportunities for advancement.

Nevada Legislature OKs transgender rights bills

Bills that would ban discrimination against transgender persons in employment, public accommodations and housing are expected to be signed into law by Gov. Brian Sandoval after their passage in the Nevada Legislature.

Jim Collins Foundation Awards its First Grant for Gender-Confirming Surgery

The Jim Collins Foundation is proud to announce that its first grant for gender-confirming surgery has been awarded to Drew Lodi (pictured). The Jim Collins Foundation, a 501(c)3 organization, raises funds to provide grants to transgender individuals who need, but cannot afford, gender-confirming surgery. 

"Our hard work is paying off," says Tony Ferraiolo, one of the organization’s co-founders. "Friends, families, and allies have helped us to raise these funds, and with their help we are able to fulfill our mission by providing Drew with the surgery that he has long awaited."


Drew came out as transgender to his family and friends in 2008. He states that "the Jim Collins Foundation for me is a miracle. They helped me to stay motivated to live each day purposefully…I improved my life, mind, body, relationships, and faith. To know that people are out there who do NOT have to be helping--but are--makes me motivated to do everything I can…"

Drew submitted his application for a grant in hopes of receiving funds to help him obtain gender-confirming surgery that, for far too long, seemed impossible to afford. In preparation for surgery, Drew collected cans three to five days a week, keeping in mind that "five cents was way more than zero."

The mission of the Jim Collins Foundation is to provide financial assistance to transgender people for gender-confirming surgeries. The Jim Collins Foundation recognizes that not every transgender person needs or wants surgery to achieve a healthy transition. But for those who do, gender-confirming surgeries are an important step in their transition to being their true selves. However, access to gender-confirming surgery is impossible for most. Discrimination against transgender people is so prevalent that many transgender people struggle to survive, never mind save for surgery costs. Even for those who have health insurance, coverage is systematically denied. Many insurance policies contain a “Transsexual Exclusion Clause” which excludes all medical procedures related to a person’s transgender status. For many transgender people, access to surgery is out of reach.

Nevada Senate approves two transgender rights bills

A bill that would ban discrimination based on transgender status in housing and public accommodations won approval in the Nevada Senate last week. The bills now head to the Assembly, which recently voted to ban employment discrimination based on gender identity.

Dean Spade to speak at CU-Boulder

On Friday, April 1 from 2-4pm Professor Dean Spade (pictured), from Seattle University School of Law and founder of the Sylvia Rivera Law Project, will give a presentation entitled "Why Is Racial and Economic Justice Central to Queer and Trans Resistance?"  The presentation takes place at the University of Colorado Law School in Boulder.

For more information, please contact bethann.lennon@colorado.edu.

Maine legislator wants vote on transgender bathroom use

Maine state Rep. Kenneth Fredette has introduced a bill that would establish bathroom-use policies regarding transgender students. The bill would leave bathroom and shower assignments up to "the operator of a restroom or shower facility." 

The Maine Human Rights Commission is set to develop guidelines along with the Department of Education, but Fredette says the issue is too important not to be voted on in the Legislature.

If only there was some simple, commonsense solution to this, humanity's single biggest problem (like gender-neutral bathrooms or something).

More companies paying for reassignment surgery

Large U.S. corporations such as Wells Fargo, American Express and AT&T are among those that have added health insurance coverage for transgender employees who choose to undergo sex reassignment surgery prescribed by their doctors, and more companies are expected to add the benefit soon. 

"Wells Fargo elected to offer this benefit to be competitive as an employer and also to support our comprehensive corporate commitment to diversity," a company spokesman said. 

Local trans activist and author Matt Kailey (pictured) says, "It is a positive thing that more and more companies are recognizing the need to cover the costs of transition. As usual, corporate America is far ahead of the government and politicians in acknowledging the needs of the country's highly diverse population.

Last year, in O'Donnabhain v. Commissioner of Internal Revenue , the U.S. Tax Court determined that transition costs were tax deductible as a medical expense, indicating that transition is a medical necessity.

Through the actions of these corporations, we see that they are beginning to realize two things: first, that transition is, in fact, a medical necessity and not a choice, and second, that in order to compete for highly skilled and valuable employees in today's marketplace, they must offer comparable medical benefits to all workers.

Obviously, these companies are recognizing the fact that they do not want to lose current employees or cause highly skilled job seekers to apply elsewhere. They need to compete for the best employees by offering the best benefits possible, and they are now aware that a person's trans status has nothing to do with his or her abilities or job performance.

I believe that it will soon become apparent to all employers that ensuring comparable medical benefits for all employees is a sound business decision."

Survey finds widespread discrimination of transgender people

Transgender people in the U.S. are subject to intolerance and discrimination in nearly every aspect of their lives, a survey finds. More than a quarter report having lost a job because of their transgender status, and 41% say they've attempted suicide. 

"They don't know from one interaction to the next whether they will be treated with respect and dignity. It's not the way people should be living their day-to-day life," said Rea Carey, executive director of the National Gay and Lesbian Task Force, which conducted the study along with the National Center for Transgender Equality.

What's it like Becoming Chaz?

'Becoming Chaz', a documentary about Chaz Bono's transition from Cher's daughter to his own man, will air on Oprah Winfrey's new OWN network sometime after it premieres at the upcoming Sundance Film Festival.

Nepal to count transgender people in census

Nepal for the first time will include a third gender category for transgender people on its May national census. 

"This shows that the government has started to recognize them. I hope this will help to ensure their rights. But challenges remain for the community as they have often been forced to leave their villages and taken refuge in cities due to discrimination," said Sunil Babu Panta, Nepal's first out member of parliament.

Nation's first elected transgender judge sworn in

Alameda County, Calif., Superior Court Judge Vicky Kolakowski said her election was about her qualifications, not the fact she is transgender, but attendees at her swearing-in ceremony said the moment carried great significance for transgender people. 

"It makes us feel not just that we're entitled to quality, that we also have something important to offer and to contribute," said Shannon Minter, legal director for the National Center for Lesbian Rights.

Five things Matt Kailey wishes you knew

Ever wish you knew more about transgender guys? Matt Kailey is here to tell you a thing or two (or five).

Wanna know more about the trans community? Ask Matt!

Interested in finding out about various aspects of transpeople's lives and issues?

My friend Matt Kailey is currently running a marathon of 'Ask Matt' columns on his blog Tranifesto.com. 'Ask Matt' is a recurring feature that is a support/advice feature for transpeople who write in with questions or concerns that are addressed by Matt and commented and expanded on by his readers.

A former teacher and social worker with 18 years of experience working with diverse populations, Kailey transitioned 13 years ago and has worked as an activist and advocate for the trans community ever since. He is the award-winning author of several books and essays and editor of Out Front Colorado.

Stop Transgender Violence

The GLBT Commission of Denver is hosting a townhall meeting on preventing violence against the transgender community on Jan. 25 at 6 p.m. at the main branch of the Denver Public Library.

Center Legal Director Mindy Barton will be one of the town hall panel moderators, and representatives from the Denver Police Department and others in law enforcement will be on hand to answer questions from the transgender community and trans allies.

HRC slams David Letterman skit

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, sent the following letter today to David Letterman and CBS Corp. in response to a Late Show sketch mocking the appointment of Amanda Simpson (pictured) to a senior position at the U.S. Department of Commerce.

Simpson, who until recently was Deputy Director in Advanced Technology Development at Raytheon Missile Systems and was a test pilot for 20 years, was appointed to be Senior Technical Advisor to the Department of Commerce, where she will work directly with the Under Secretary of Commerce on international trade and national security issues.

In a skit during Letterman’s opening monologue, the host announced Simpson’s historic appointment and revealed that she is transgender, displaying a photograph of her. The show’s announcer, Alan Kalter, then feigned “trans panic,” implying he had some prior relationship with Simpson but was not aware of her gender history, and ran yelling from the stage.

See the letter after the jump.


Letter from Human Rights Campaign Associate Director of Diversity for Transgender Issues Allyson Robinson:

January 6, 2010

David Letterman
Late Show with David Letterman
1697 Broadway
New York, NY 10001

CC: Nina Tassler
President, CBS Entertainment
51 West 52nd Street
New York, NY 10019

Dear Mr. Letterman,

I am writing on behalf of the Human Rights Campaign, the nation’s largest lesbian, gay, bisexual, and transgender (LGBT) civil rights organization, to express my disappointment over the inappropriate and incendiary remarks made on The Late Show with David Letterman last night on the appointment of Amanda Simpson to a senior position in the U.S. Department of Commerce.

The decision to ignore the fact that Ms. Simpson is incredibly well-qualified for this vital national security position and focus instead on her gender identity reflects transphobia. Ms. Simpson’s appointment represents meaningful progress for the LGBT community and in particular transgender Americans who have faced significant and well-documented discrimination in the workplace and their communities.

You may not be aware that the punch line in your skit has been used as a defense in nearly every hate crime perpetrated against transgender people that has come to trial. For example, the “trans panic” defense was infamously used by Allen Ray Andrade, who was convicted in 2009 of beating 19-year-old Angie Zapata to death with a fire extinguisher after learning of her gender history. According to media reports, it has also been the main defense employed by Juan A. Martinez for the killing of Jorge Steven López Mercado, 19, in Puerto Rico last November.

Your skit affirmed and encouraged a prejudice against transgender Americans that keeps many from finding jobs, housing, and enjoying freedoms you and your writers take for granted every day. We ask that you apologize publicly to Ms. Simpson and the transgender community for this unfortunate episode.


Sincerely,



Allyson Robinson,
Associate Director of Diversity for Transgender Issues
Human Rights Campaign

The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.



Denver Town Hall meeting on transgender violence

The GLBT Commission of Denver is having a town hall meeting on Jan. 25 from 6 p.m. to 7:30 p.m. at the main library in Denver at 14th & Broadway. Representatives from the Denver Police Department and others involved in law enforcement will be on hand to answer questions from the transgender community and transgender allies. This meeting is in response to reports of violence against local transgender individuals.

Gov. Paterson extends protections to transgender New Yorkers

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, today praised the New York Governor David A. Paterson for issuing an executive order extending anti-discrimination policies to gender identity for state employees.

“Governor Paterson has taken significant action to advance equality for all New York state employees,” said Human Rights Campaign President Joe Solmonese. “The ability to provide for our families is non-negotiable. We applaud Governor Paterson for his commitment to the LGBT community and look forward to working with fair-minded New York legislators to pass the Gender Expression Non-Discrimination Act which will protect private employees.”

An executive order prohibiting discrimination in state employment is the furthest extent to which any governor is able to exercise his or her executive power. Extending protections to private employees must be accomplished by the state legislature. New York joins eight other states in which an executive order, administrative order, or personnel regulation prohibits discrimination against public employees based on sexual orientation and gender identity: Delaware, Indiana, Kansas, Kentucky, Maryland, Michigan, Ohio, and Pennsylvania.

In addition, twelve states and the District of Columbia prohibit full employment discrimination on the basis of sexual orientation and gender identity: California, Colorado, Illinois, Iowa, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. Nine more states, including New York, prohibit employment discrimination based only on sexual orientation. For an electronic map showing where employment non-discrimination stands in the states, check out www.HRC.org/State_Laws.

Just so you're aware

Did you know it's Transgender Awareness Week?