The U.S. Fifth Circuit Court of Appeals has restored a jury’s finding from March 2011 that Boh Bros. Construction Co. illegally subjected an ironworker to severe or pervasive harassment based on gender stereotypes. The U.S. Equal Employment Opportunity Commission (EEOC) filed the suit against Boh Bros. (EEOC v. Boh Bros. Construction Co., Civil Action No. 09-6460) in U.S. District Court for the Eastern District of Louisiana, charging that a superintendent, Chuck Wolfe, harassed Kerry Woods with verbal abuse, taunting gestures of a sexual nature, and exposing himself. The harassment took place on the I-10 Twin Span project over Lake Pontchartrain between Slidell and New Orleans, La. The EEOC presented evidence at trial that Woods’s supervisor harassed him because he thought he was feminine and did not conform to the supervisor’s gender stereotypes of a typical “rough ironworker.” In April 2012, a three-judge panel of the Fifth Circuit Court of Appeals (case number 11-30770) reversed the jury verdict, finding that the evidence did not establish that Boh Bros. had harassed Woods “because of sex,” which is the standard under Title VII of the Civil Rights Act of 1964. The EEOC asked the full en banc Fifth Circuit in September of 2012 to rehear the case.
Although numerous Courts of Appeals had decided that a gender stereotype theory may be used to prove illegal same-sex harassment, based on the U.S. Supreme Court decision in Price Waterhouse v. Hopkins, the Fifth Circuit had never directly addressed the issue before. The 10-judge majority of the en banc Fifth Circuit held for the first time that harassment is “because of sex” if it is based on lack of conformity with gender stereotypes. The Fifth Circuit also held that the issue is whether the harasser considered the victim to deviate from gender stereotypes, and not whether the victim fails in fact to conform to those stereotypes. So, the court ruled, what mattered was that Wolfe saw Woods as unmanly — not whether Woods was actually “feminine” in some objective sense.
EEOC v. Boh Bros. Construction Co.
BOH BROS. REHEARING VICTORY Press release.
The Illinois Caucus of Adolescent Health affirmed that it is a homophobic organization by issuing a series of tweets today that did nothing to address Lesbian concerns about being harassed and shamed by transwomen for asserting that Female is not an identity and desiring sexual relations with only females. @ICAH also apparently tweeted the homophobic tweet in question on its main account. ICAH’s Executive Director Yamani Hernandez [firstname.lastname@example.org or 312-427-4460 x225] responded to a lesbian activist’s call voicing concern at this blatant homophobia. Ms. Hernandez stated that her organization does not use the term “TERF” and that it was only used here because it appears in the title of the article. Continue reading “Illinois Caucus of Adolescent Health (USA) @ICAHyouthvoice @ICAH”
The Illinois Caucus for Adolescent Health, “a network of empowered youth and allied adults who transform public consciousness and increase the capacity of family, school and healthcare systems to support the sexual health, rights and identities of youth,” has come out as an anti-Lesbian organization through its ICAH Youth Leaders. Its Youth Leaders approvingly used an anti-Lesbian slur (TERF) on its Twitter account that frames Lesbian sexuality as bigotry against transwomen.
Laura Kate Dale, a transgender woman and a journalist, says she was “completely dehumanised” on stage during an Xbox One Event at Eurogamer Expo 2013, by Fraser Millward, a comedian who made degrading jokes and called Dale “it,” “thing” and “this one.”
Millward denies the allegations.
Xbox One Presenter Humiliated Me on Stage, Says Transgender Journalist.
Laura Kate Dale (LaurakBuzz) on Twitter.
Microsoft Xbox One Launch Scandal_ Comic Denies Making Fun Of Transgender Game Blogger At Eurogamer Expo In London _ KpopStarz.
Transwomen are beginning to claim that they didn’t mean to suggest that lesbians are bigots for not having sex with them when Drew Deveaux coined the rape culture concept of the Cotton Ceiling in 2012.
Continue reading “The Cotton Ceiling (Canada)”
Julia Serano gave an interview to The Atlantic called “Gender as Non-Fiction: A Q&A with Julia Serano, author of Excluded: Making Feminist and Queer Movements More Inclusive.”
Gender as Non-Fiction.
Daryl Banks, a man who thinks he’s a woman, discussed here and here, recently attempted to call the police because a lesbian in the United States called him a man. According to Banks, the Toronto Police doubted his name was Sophia. Banks’ case demonstrates that “misgendering,” whereby people use “the wrong pronoun” or otherwise correctly identify your birth sex, is not a criminal offense.