Maryland (USA)

Senate Bill 449 – lead sponsored by two men, Senators Rich Madaleno and Jamie Raskin – uses the same problematic definition of gender identity as other legislation, language that the Maryland Senate Judicial Proceedings Committee rejected in 2011.

Specifically, it states: “GENDER IDENTITY” MEANS A GENDER–RELATED IDENTITY, APPEARANCE, EXPRESSION, OR BEHAVIOR OF AN INDIVIDUAL REGARDLESS OF THE INDIVIDUAL’S ASSIGNED SEX AT BIRTH.

Senate Bill 449.

Ida Hammer v. MVP Health Care (USA)

Ida Hammer, a 34-year-old New York City resident, applied for pre-authorization for male-to-female sex reassignment surgery in July 2011. MVP Health Care denied her claim on the grounds that the surgery was “cosmetic” and therefore was not covered under the policy. MVP later reversed itself after Hammer threatened to sue.

Press Release.

Blog Posts on Ida Hammer.

Blog Post on Ida Hammer.

 

Dixon v. University of Toledo

The U.S. Court of Appeals affirmed that the speech of a high-level Human Resources official who writes publicly against the policies that her government employer charges her with creating, promoting, and enforcing is not protected by the U.S. Constitution. The University of Toledo fired Crystal Dixon, an African-American woman and then-interim Associate Vice President for Human Resources at the University of Toledo, after she wrote an op-ed column in the Toledo Free Press rebuking comparisons drawn between the civil-rights and gay- rights movements.

Dixon v. University of Toledo

Crystal Dixon’s Op-Ed Column

 

Oregon Bureau of Labor and Industries v. Twilight Room Annex (USA)

Oregon’s labor commissioner filed formal charges of unlawful discrimination against a north Portland, Oregon bar. The owner of the Twilight Room Annex, formerly known as the P Club, allegedly left phone messages asking a group of transgender customers to stop visiting his business. The bar’s owner denies the charges and states that asking them to leave related to the group taking over the bar and acting inappropriately.

News Report.

 

Maryland (USA)

Two men – Rich Madeleno and Jamie Raskin – are the lead sponsors of the Fairness for All Marylanders Act of 2013, which would codify sex stereotypes that harm women and girls into law by adding gender identity and expression to existing state law that prohibits discrimination in housing, employment and public accommodations.

Bill Proponents’ Description

De’lonta v. Johnson (USA)

The U.S. Court Appeals for the Fourth Circuit ruled that Ophelia De’lonta is entitled to a hearing on whether he should be allowed to have sex reassignment surgery while incarcerated.

De’lonta v. Clarke.

News Report.

Pham Van Hiep (Vietnam)

Vietnam’s first and only transgender person whose new sex was officially recognized will lose that recognition after the Ministry of Justice realized that it flouts a law prohibiting gender reassignment if sexual organs are fully developed.

The People’s Committee of the southern province of Binh Phuoc ordered the local Department of Justice to rescind two decisions made by the Chon Thanh District administration in 2009 to recognize Pham Van Hiep’s new gender and name after the 39-year-old man has sex reassignment surgery in Thailand.

News Report.

 

The EEOC on Transgender Employees and Sex Discrimination

I want to turn at this juncture in my guest blogging to some recent developments (some of which were briefly discussed previously on Workplace Prof Blog here) in the EEOC’s position on anti-LGBT discrimination.

Last year, the EEOC issued a decision which is arguably one of the most important developments in transgender equality in recent years.  In the decision, Macy v. Holder, the EEOC found in a precedential opinion that “intentional discrimination against a transgender individual because that person is transgender is, by definition, discrimination ‘based on…sex,’ and such discrimination therefore violates Title VII.”  Thus, under Macy, the EEOC’s official position is that anti-transgender discrimination is per se sex discrimination. Continue reading “The EEOC on Transgender Employees and Sex Discrimination”