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| Justice department: sex discrimination ban does not protect transgender people | Justice department: sex discrimination ban does not protect transgender people |
| (4 months later) | |
| Jeff Sessions memo says federal protections do not include ‘gender identity’ in move that could weaken safeguards for transgender workers | |
| Molly Redden | |
| Thu 5 Oct 2017 19.21 BST | |
| Last modified on Thu 5 Oct 2017 19.32 BST | |
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| The US Department of Justice is taking the position that the federal law banning sex discrimination in the workplace does not apply to transgender employees. | The US Department of Justice is taking the position that the federal law banning sex discrimination in the workplace does not apply to transgender employees. |
| The move that could weaken legal protections for people already experiencing higher rates of biaswas announced by the attorney general, Jeff Sessions, in a memo dated Wednesday and obtained by BuzzFeed. | The move that could weaken legal protections for people already experiencing higher rates of biaswas announced by the attorney general, Jeff Sessions, in a memo dated Wednesday and obtained by BuzzFeed. |
| “Title VII’s prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status,” reads the memo, referring to the portion of the 1964 Civil Rights Act that addresses workplace rights. | “Title VII’s prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status,” reads the memo, referring to the portion of the 1964 Civil Rights Act that addresses workplace rights. |
| Recent years have brought a groundswell of trans workers bringing claims for being fired because of their gender identity. Whether Title VII applies in these cases is still a subject of debate in the federal courts. | Recent years have brought a groundswell of trans workers bringing claims for being fired because of their gender identity. Whether Title VII applies in these cases is still a subject of debate in the federal courts. |
| For those who argue the law should apply to trans workers, the announcement comes as a significant setback. It means that the government will no longer back their claims in court, and it will affect how hundreds of attorneys and investigators for the federal government respond to civil rights complaints from transgender people. | For those who argue the law should apply to trans workers, the announcement comes as a significant setback. It means that the government will no longer back their claims in court, and it will affect how hundreds of attorneys and investigators for the federal government respond to civil rights complaints from transgender people. |
| The new stance is a sharp reversal of the position taken by the Obama administration and follows other actions Trump’s justice department has taken to oppose LGBT rights. This spring, the departments of justice and education rescinded the Obama-era guidance instructing schools to give trans students unfettered access to bathrooms matching their gender identities. | The new stance is a sharp reversal of the position taken by the Obama administration and follows other actions Trump’s justice department has taken to oppose LGBT rights. This spring, the departments of justice and education rescinded the Obama-era guidance instructing schools to give trans students unfettered access to bathrooms matching their gender identities. |
| In September, Sessions argued that Title VII’s ban on sex discrimination did not protect a gay worker. | In September, Sessions argued that Title VII’s ban on sex discrimination did not protect a gay worker. |
| At issue is whether the 1964 law prohibits a narrow category of discrimination, against men and women who transgress against gender stereotypes, or a much broader category of discrimination, against people simply because they are transgender, gay, lesbian, or bisexual. | At issue is whether the 1964 law prohibits a narrow category of discrimination, against men and women who transgress against gender stereotypes, or a much broader category of discrimination, against people simply because they are transgender, gay, lesbian, or bisexual. |
| Sessions’ memo takes the narrower position, while the Obama administration took the more expansive view. | Sessions’ memo takes the narrower position, while the Obama administration took the more expansive view. |
| Several federal appeals courts have already ruled that discriminating against transgender people based on their gender identity is a violation of federal law. | Several federal appeals courts have already ruled that discriminating against transgender people based on their gender identity is a violation of federal law. |
| On the issue of sexual orientation, some federal trial courts and the Equal Employment Opportunity Commission, the agency charged with enforcing federal anti-bias laws, have ruled that it is a violation of federal law to discriminate against gay, lesbian and bisexual people. | On the issue of sexual orientation, some federal trial courts and the Equal Employment Opportunity Commission, the agency charged with enforcing federal anti-bias laws, have ruled that it is a violation of federal law to discriminate against gay, lesbian and bisexual people. |
| “The Justice Department must and will continue to affirm the dignity of all people, including transgender individuals,” Sessions wrote in his memo. “Nothing in this memorandum should be construed to condone mistreatment on the basis of gender identity, or to express a policy view on whether Congress should amend Title VII to provide different or additional protections.” | “The Justice Department must and will continue to affirm the dignity of all people, including transgender individuals,” Sessions wrote in his memo. “Nothing in this memorandum should be construed to condone mistreatment on the basis of gender identity, or to express a policy view on whether Congress should amend Title VII to provide different or additional protections.” |
| However, advocates of LGBT rights blasted the memo and vowed to win the day in court. | However, advocates of LGBT rights blasted the memo and vowed to win the day in court. |
| “Today marks another low point for a Department of Justice, which has been cruelly consistent in its hostility towards the LGBT community and in particular its inability to treat transgender people with basic dignity and respect,” said James Esseks, director of the American Civil Liberties Union’s LGBT & HIV Project. | “Today marks another low point for a Department of Justice, which has been cruelly consistent in its hostility towards the LGBT community and in particular its inability to treat transgender people with basic dignity and respect,” said James Esseks, director of the American Civil Liberties Union’s LGBT & HIV Project. |
| “Discrimination against transgender people is sex discrimination, just as DOJ recognized years ago. We are confident that the courts will continue to agree and will reject the politically driven decision by Attorney General Sessions.” | “Discrimination against transgender people is sex discrimination, just as DOJ recognized years ago. We are confident that the courts will continue to agree and will reject the politically driven decision by Attorney General Sessions.” |
| Trump administration | |
| Jeff Sessions | |
| LGBT rights | |
| Transgender | |
| Gender | |
| news | |
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