Screw ENDA - Let’s Take Our Civil Rights Like Everyone Else
Are we going to wait around and watch the prospect of our inclusion in ENDA slowly grind to a halt, while we ignore the legal weapons we have already at hand?
I read once: “There’s noone on the streetcorner handing out rights, you gotta TAKE them.”
As I look at the potential of ENDA versus the already established laws that have teeth in their jaws, the choice is obvious which to support. The top-heavy, obese lgbt movement should be backing these cases and shoring up our human and employment equality rights by being visible in these cases – being active in the eyes of the courts and the people who consume media.
The HRC, Glaad, IFGE, and any other organization concerned should be highly publicizing, supporting and fundraising for these types of trials. Instead they give them miniscule, effortless mentions (if anything at all), while they pomp an preen at exlcusive events, and let transgender people suffer indignities, assault and even death at the hands of an uncaring public.
Case Cited -
Transsexual says ex-employer ignored harassment
Wednesday, February 25, 2009
(02-24) 11:22 PST SAN FRANCISCO - — A transsexual former employee of Burlington Coat Factory filed a discrimination suit against the company Tuesday, claiming she endured seven years of verbal and physical abuse from supervisors, colleagues and customers after undergoing sexual reassignment surgery.
I searched Bilerico, IFGE, HRC and Glaad coming up with only one result on Glaad for the query Maya Perez. The Glaad post is just a snippet and link to SF Chronicle.
Posts where some editorial and detailed discussion are presented
Law.com who gave serious consideration to the case as the headline incicates:
Rare Transgender Employment Discrimination Lawsuit Filed Against Burlington Coat Factory
Maya Perez did everything right:
Perez, 42, alleges in a complaint filed in San Francisco Superior Court that her co-workers and customers taunted her — calling Perez “he-she,” “Mr. Bitch” and “faggot” — and participated in physical harassment, including pushing, shoving and fondling. In her complaint, Perez says she reported the harassment to Rod Davis, Burlington’s regional human resources chief, in March 2007, and to the California Department of Fair Employment and Housing three months later.
ANYONE WHO WANTS TO SUPPORT TRANSSEXUALS IN A BID TO BE GIVEN EQUAL RIGHTS UNDER THE LAWS THAT CURRENTLY EXIST, SHOULD BE SUPPORTING THIS CASE – If you’d rather chat, go to fundraising dinners, and bicker about what transsexual means, then ‘you ain’t no friend of mine.’
Maya Perez’ case is the second case that the ACLU used Civil Rights Act to apply against workplace issues for transgendered employee. The first was last year – perhaps we will be able to build up enough precedents to actually make the Civil Rights Act effective enough for transgended people before ENDA inclusion is passed and collects any steam.
The first case last year: Schroer v. Library of Congress (see ACLU Faq on the case)
Transgender Veteran Wins Sex Discrimination Lawsuit Against Library of Congress (9/19/2008)
Federal Court Sides With ACLU, Ruling That Refusing To Hire Transgender People Is Discriminatory
WASHINGTON – Today a federal judge ruled that the Library of Congress illegally discriminated against a Special Forces veteran when she was denied a job after announcing her intention to transition from male to female. In a groundbreaking decision, the court ruled that discriminating against someone for changing genders is sex discrimination under federal law.
“It is especially gratifying that the court has ruled that discriminating against someone for transitioning is illegal,” said Diane Schroer, the plaintiff in the case. “I knew all along that the 25 years of experience I gained defending our country didn’t disappear when I transitioned, so it was hard to understand why I was being turned down for a job doing what I do best just because I’m transgender. It is tremendously gratifying to have your faith in this country, and what is fundamentally right and fair, be reaffirmed.”
In reaching its decision, the court ruled: “The evidence established that the Library was enthusiastic about hiring David Schroer – until she disclosed her transsexuality. The Library revoked the offer when it learned that a man named David intended to become, legally, culturally, and physically, a woman named Diane. This was discrimination ‘because of . . . sex.’”
The court compares the discrimination faced by Schroer to religious-based discrimination, saying, “Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too that her employer testified that he harbors no bias toward either Christians or Jews but only ‘converts.’ That would be a clear case of discrimination ‘because of religion.’ No court would take seriously the notion that ‘converts’ are not covered by the statute.” more>> ACLU
Country: United States
Companies: American Civil Liberties Union
Website: http://www.aclu.org/lgbt
Ok, so I replied before I read down further, you do agree on the Schroer v library. But, I still think referendums are not a good tool.
Thanks, so much for your thoughts!!!!
Leigh Smythe
TY too.
I don’t know about referendum or consensus either. I am losing faith in the ‘rank and file’ and I don’t even know if that is the appropriate term, since there are not really any duly elected leaders or general executive.
I just wish I could find a group, even a few good people that I can believe in, who have integrity, intelligence and some MO that is worthwhile.
I feel like there is an agenda hiding somewhere and I want to see it’s shiny little face.
I have to agree with you. I think the idiocy in the current political process is just a way for fatcat moroons like Joe (I’m to self important to admit I did anything wrong) Solomenese to get fatter and dumber. After his last stunt, he should have been fired, or really ponied up some serious attempts to bring everyone back together. We know what happened there.
I agree, we need to be getting cases into court using the existing laws, including international human rights laws which we are, as a founding UN member, supposed to be following. Given that we signed onto them in the first place, and we go hither and yon telling other countries to behave, we should be doing the same. But there’s no money to be made in that.
Plus if these organizations get these things they are working on done, they will cease to exist. Hence the feet dragging.