ENDA

[MarieDelta]

Note: ENDA is the federal Employment Non-Discrimination Act


Here are the sections pertinent to gender identity:

Section 3 (a) (6) GENDER IDENTITY- The term `gender identity' means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth.

Section 8(a)(3) CERTAIN SHARED FACILITIES- Nothing in this Act shall be construed to establish an unlawful employment practice based on actual or perceived gender identity due to the denial of access to shared shower or dressing facilities in which being seen fully unclothed is unavoidable, provided that the employer provides reasonable access to adequate facilities that are not inconsistent with the employee's gender identity as established with the employer at the time of employment or upon notification to the employer that the employee has undergone or is undergoing gender transition, whichever is later.

Section 8(a)(4) DRESS AND GROOMING STANDARDS- Nothing in this Act shall prohibit an employer from requiring an employee, during the employee's hours at work, to adhere to reasonable dress or grooming standards not prohibited by other provisions of Federal, State, or local law, provided that the employer permits any employee who has undergone gender transition prior to the time of employment, and any employee who has notified the employer that the employee has undergone or is undergoing gender transition after the time of employment, to adhere to the same dress or grooming standards for the gender to which the employee has transitioned or is transitioning.

OK so, Got that?

Now what I was talking about with a person in our fair chat room is that this will not force employers to like or employ trans folk. He seemed to be of the opinion that trans folk should 'just shut up and get over it.' No, that’s not an exact quote , but it was the gist of what he was saying.

To me, this shows exactly why we need these protections in place.

What if Susan B Anthony had just 'shut up and got over it'? Women wouldn't have near the rights they enjoy today.

What if the folks at Stonewall (a significant portion of whom were bi and trans) had just 'shut up and got over it'. Gay rights wouldn’t be where they are today.

'Shutting up' never solved anything; it just pushes it all deeper into the closet.

There are too many trans folk who are out in the sex work industry, that have degrees in other fields. There are too many trans folk who are underemployed. There are too many who are infected with HIV, because of sharing needles and sex work.

We can be fired indiscriminately, because of our gender. We are denied protections that other men and women enjoy in many states, in housing, in civil rights and in employment rights.

So what?

I don’t think its time for us to shut up and get over it. You may not like us, but you can at least treat us humanely.

Being transgender is not a choice, any more than being man, woman, gay or lesbian or bisexual is a choice. Trans folk come from all stations and levels of education, we are gay, bi and straight, we are from all races and cultures, we have been with mankind since before the beginning of recorded time.

It seems only right and fair that we should be treated as any other segment of society. Not better than, or less than, but equal to.

What do you all think? Should we just shut up and get over it?


~M

[HighEnergy]

HELL NO! The only way to make progress is to be out of the closet, and making folks around you know who and what you are and still love you and want to see you treated fairly.

[alaskacouple]

No you shouldn't be forced into a closet.

But, for your own well being you should also try to understand that societies and peoples bias' will only change slowly and over time and generations. IMO, the best thing that anyone can do (especially trans-gendered people) is to educate others with love and dignity. There are many well researched and educated works that deal with how trans-gendered individuals have lived and been an honored part of many societies and cultures. I think this type of information is very useful in changing the way society views this (for example, there was an extensive article in the local newspaper awhile back that profiled a trans-gendered person from Samoa. I suspect that one well done and sensitive article did more to further the cause of understanding than a hundred angry parades.)

IMHO, when we as individuals become too embroiled in the battle for our rights, it is usually we who pay the price through a loss of peace in our own lives. You can rarely change a bigot's opinion, so you may as well avoid them and find a place of peace that you can live your few days on this earth. Do what you can to educate and change, but I would hate for you to live your whole life in turmoil over trying to change others. Bottom line is that you cannot force anyone to accept you - but you may be able to persuade them to.

[Bluebiyou]

LOL
People have tried to kill me... and my company has clearly discriminated against me because I'm partially gay (bi).
Trans acceptance is decades away.
Sorry Marie; I don't personally endorse it, but your situation is similar to being black in the early 1950s.
Your anger is valid.
For whatever it's worth, I'm on your side.
:)

[alaskacouple]

LOL
People have tried to kill me... and my company has clearly discriminated against me because I'm partially gay (bi).
Trans acceptance is decades away.
Sorry Marie; I don't personally endorse it, but your situation is similar to being black in the early 1950s.
Your anger is valid.
For whatever it's worth, I'm on your side.
:)

Anger may be justified, but I have watched close friends become consumed by their anger. So, IMO one needs to remember that we only have the one short life here - and sad it is to spend it in anger. Because the sad truth is, the very ones you are angry at don't know or care about your anger - so in the end they not only treated you bad, but they also had the pleasure of robbing you of your happiness.

Better to arrange your life to avoid the situations that cause the anger IMO - if I had been treated as you have, I would have departed that scene before the attempted murder I think!

[BreeIsMe]

I agree wholeheartedly with Marie. Trangendered people do not choose to be who they are anymore than anyone chooses to be black, white, Latino, tall, short, etc. people don't understand that we don't CHOOSE. We ARE.....
to be honest, I would never choose to be transgendered but I have no choice. I would have chosen to be born female but I don't have that luxury. THerefore, the best we can do is ACCEPT being transgendered and try to educate (ie., DO NOT SHUT UP) others about our nature, needs, and feelings. Maybe one day, some of the people in society will then understand. I don't hold out for everyone since that would be too much of a long shot..

Good post Marie!!

Bree


Note: ENDA is the federal Employment Non-Discrimination Act

Being transgender is not a choice, any more than being man, woman, gay or lesbian or bisexual is a choice.


~M

[diB4u]

People are born who they are. WE can not change that fate. I am who I am.

http://www.pfc.org.uk/node/234

For some fellow trans folk in England heres a site, not to sure how uptodate it is, but information regarding discrimination.

An extract taken from the link-
On record, the Government has promised that it intends to legislate in this regard within the forthcoming Single Equality Act, planned for late 2007

[MarieDelta]

You can rarely change a bigot's opinion, so you may as well avoid them and find a place of peace that you can live your few days on this earth.

Agreed, however it is useless to sit on your hands when there is work to be done and moan about how you want peace in your life. There arecurrently very few places on this earth that are accepting of open and out trans folk. They aren't always the places you would think either, and even then you can still face violence and discrimnation.



Do what you can to educate and change, but I would hate for you to live your whole life in turmoil over trying to change others. Bottom line is that you cannot force anyone to accept you - but you may be able to persuade them to.

I agree in part, if what we were talking about is going to a cocktail party or membership in a golf course, being allowed in a music festival. However if we do nothing things will remain the same, and thats not a great place to be.


Anger may be justified, but I have watched close friends become consumed by their anger. So, IMO one needs to remember that we only have the one short life here - and sad it is to spend it in anger. Because the sad truth is, the very ones you are angry at don't know or care about your anger - so in the end they not only treated you bad, but they also had the pleasure of robbing you of your happiness.

Better to arrange your life to avoid the situations that cause the anger IMO - if I had been treated as you have, I would have departed that scene before the attempted murder I think!

I did leave the scene, but I do need to talk about it because these attitudes are prevalent in our society. People don't want you to "rock the boat" or they will tell you that you need to shut up before you face a "backlash of trans/gay/Lesbian/bisexual Killings , because people wont tolerate that."

The last thing we need to do is keep quiet, about discrimination, about hate crimes and about murders. There have already been 14 transfok murdered since November of last year. I know that doesnt seem like a lot to some its certainly not the amout of folks killed in car accidents but, it is a lot when you consider that we are a mere fraction of the population.


And we dont know how many trans folk were "laid off", fired or downsized. but I can assure you that it doesnt have a possitive effect on society.

Yes we have come along way, since stonewall, bu there is futher yet we need to go.





Good post Marie!!

Bree

Thanks Bree!

~M

[HighEnergy]

I watched Obama's speech last night and his openess about race, and bringing up everything from white's fear of affirmative action, and his own white grandmother using racial slurs and being frightened to walk past a black man on the street. It was an extraordinary event in my mind. Hopefully someday we'll have the same conversation about orientation and gender issues.

I know it's a scary world with the murders and such, and I look at those folks as martyrs, as those who pay the ultimate price for being who they are and speaking out. Someday we'll look back and think how ignorant the human race was then, just as we do about slavery now.

Know that your being out and finding folks to love you as you are is a HUGE step for those who come after you.

[transcendMental]

I am completely with the idea that standing up for ourselves and speaking out is the only way that we can make forward progress! It has been the only way any minority makes progress, and this will likely always be the case. As a minority, we cannot make changes on our own: we need allies, and the only way to make allies is to be visible and to educate others and to speak out for ourselves.

I think I understand alaskacouple's concern, though, that change will come slowly and only through pain. Yes, certainly this is the case, but as Marie suggests with her examples of Susan B. Anthony and Stonewall, if individuals today are not willing to endure that pain, then everyone tomorrow will continue to suffer it. The thought of being vocal and exposing myself to danger scares the hell out of me, but it is the only was forward for ALL transpersons.

Yes, our situation is very comparable to being black in the 1950's, and yes, that must have been a terrible time for black people. But those times only stopped when enough black people starting speaking out and garnering allies. The Civil Rights Movement was also an uncomfortable time for blacks, I imagine, but it was a hell of a lot better than just accepting oppression, and it led to much better (even if still imperfect) times.

So the fact that the trans cause right now is where Black America's cause was in the 50's is NOT an argument for why we need to be quiet and/or careful. It is an argument for why we should push into the 60's as quickly as possible!

Thanks, Marie, for posting this!

tm

[alaskacouple]

I am completely with the idea that standing up for ourselves and speaking out is the only way that we can make forward progress! It has been the only way any minority makes progress, and this will likely always be the case. As a minority, we cannot make changes on our own: we need allies, and the only way to make allies is to be visible and to educate others and to speak out for ourselves.

I think I understand alaskacouple's concern, though, that change will come slowly and only through pain. Yes, certainly this is the case, but as Marie suggests with her examples of Susan B. Anthony and Stonewall, if individuals today are not willing to endure that pain, then everyone tomorrow will continue to suffer it. The thought of being vocal and exposing myself to danger scares the hell out of me, but it is the only was forward for ALL transpersons.

Yes, our situation is very comparable to being black in the 1950's, and yes, that must have been a terrible time for black people. But those times only stopped when enough black people starting speaking out and garnering allies. The Civil Rights Movement was also an uncomfortable time for blacks, I imagine, but it was a hell of a lot better than just accepting oppression, and it led to much better (even if still imperfect) times.

So the fact that the trans cause right now is where Black America's cause was in the 50's is NOT an argument for why we need to be quiet and/or careful. It is an argument for why we should push into the 60's as quickly as possible!

Thanks, Marie, for posting this!

tm

tm, (and Marie)

We do understand the need to bring this issue into the light of day so that people can become educated. However, we appreciate that you understood our concern for the individuals involved. We hate the thought that individuals will try to fight this battle alone. It seems that you also understand that and that is the part highlighted above in your post. For what its worth, the best info that we have seen in the mainstream was a program done by Dr. Kieth Ablow and I think Oprah did one as well. These type of programs educate a lot of people and reach the audience that needs to hear. So, hopefully your community can pull together in a big (national) way and concentrate on these types of educational outreaches (also, newspaper stories like the one we read here in Anchorage which was very informative and constructive).

In the mean time, we hope that each person also realizes that their own lives are valuable and that becoming a martyr (either in actuality or even in a loss of a happy life) will be far less effective than a big organized approach with money and focus on the most productive methods.