Gender issues in the workplace

This is from an assignment from my Communication and Gender class. We were asked to summarize an illegal gender-issue workplace problem and a legal gender-issue workplace problem. We were then asked to discuss why the problem exists, what is keeping it from being resolved, what is being done (if anything), and some of the communication challenges involved. I have put the problems in bold. (Citations were required, so I included them here as well)

Employment discrimination for non-public employees in regards to gender or sexuality is illegal in 20 states.

While most people are aware that one cannot discriminate against someone in the workplace for their sex, marital status, age, or disability, most people assume this also includes sexuality and gender, which for 30 states in the US it does not. While there are still many examples of discrimination occurring in the workplace for the classes protected in all 50 states, gender and sexuality are only protected in 20 states. This means that a transgender person can be legally fired from their job for being transgender in 30 states, and they have little to no way of getting justice since gender is not covered on a federal level. By leaving it up to the states to decide to protect gender or sexuality, it creates an environment where LGBT+ people often times are forced to remain in the closet about who they are, or in the case of gender, are forced to either take a job after transitioning, or spend their entire time working at the job pretending to be someone they are not.

Even in states where LGBT+ people are protected by a non-discrimination act, harassment and discrimination can still occur, which then requires the person affected to either out themselves to everyone, or to stay silent about their gender or sexuality. Another issue is that while it is illegal to discriminate against LGBT+ people on the basis of gender or sexuality in 20 states in the US, people can still discriminate but then give some other “reason” behind their actions, such as refusing to hire a transgender person who is open or unable to pass as their gender, or firing someone for being open about being homosexual (such as a man talking about his marriage and mentioning they have a husband and not a wife). Due to many states being either at will or a right to work state, some employers don’t even need to give a reason for firing a person, which then makes it much more difficult to fight against and prove the reason behind the firing or discrimination.

Currently there is work being done by groups like the Human Rights Campaign to have the federal government pass a fully inclusive Employment Non-Discrimination Act (HRC, 2013), but without the removal of at will and right to work laws, the discrimination will still continue to occur as employers don’t have to disclose reasons behind their actions. Also, as can be seen with discrimination of cis women within the workplace, without proper enforcement of the laws and acts, the discrimination will continue and in many cases be swept under the proverbial rug until there are so many cases that people can no longer ignore the problem.

“As Senate Hearing Nears, Nations Leading Businesses Support Employment Non-Discrimination Act.” Human Rights Campaign, 9 July 2013, www.hrc.org/press/nations-leading-businesses-support-employment-non-discrimination-act-as-sen.

The Americans with Disabilities Act of 1990 lists transgender people in the same group as pedophiles and people with sexual disorders.

While most people agree that those who are transgender do not fall under the Americans with Disabilities Act just for being transgender, the issue is in how the ADA words their exclusion. While the ADA was updated in 2008, the terminology of Section 12211 continues to list “gender identity disorders” and “transsexualism” as sexual behavior disorders (Americans With Disabilities Act of 1990, As Amended). The problem with this is not just that the term “gender identity disorder” is now viewed within the medical community as inaccurate and outdated, being replaced with gender dysphoria in the DSM-V and other medical literature, but that it lumps transgender people in with those who have sexual disorders.

While most people won’t take the time to read through the text of the ADA to reach Section 12211, by keeping the connection within the text it provides ammunition for anti-trans groups and organizations to compare transgender people with pedophiles, voyeurs, and sexual paraphiliacs. Groups such as Gender Identity Watch, which is run by an anti-trans woman known as Cathy Brennan, use text such as Section 12211 to justify their actions which include posting information about trans people (especially transgender women) on their website, doxing (exposing private information) of transgender people, and even stalking and harassing transgender people online. Their claim is that being transgender is a mental disorder that should be called autogynephilia (which itself is a mental illness created by Ray Blanchard that essentially states that certain men gain sexual arousal by thinking of themselves as a woman.), and it is just as dangerous and harmful to society as pedophilia, and as such trans people should be tracked, exposed, and “cured” of their mental disorder.

One of the major factors preventing this from being resolved is the lack of knowledge of what is within the act. Very few people have taken the time to read the entire act, and even though medical knowledge and literature has been updated regarding gender dysphoria and transgender people, legal documents and government acts require the government to justify amending or changing a piece of literature and this usually requires the legislative branch of the government to vote on the changes. As can be currently seen when it comes to transgender rights such as the ability to use the bathroom without being harassed or forced to use the wrong bathroom, it is an uphill struggle. To my knowledge nothing is currently being done to fix the wording within the ADA, and due to the constant pushback regarding matters of gender by not just the government but the public at large, it will take people actively working on adjusting their language and mental presuppositions about gender to create enough of a drive to fix the text within the ADA.

“Americans With Disabilities Act of 1990, As Amended.” 2008, https://www.ada.gov/pubs/adastatute08.htm

Straight Pride is Bullshit

Hey straight pride day creeps, Do you even KNOW the history of LGBT pride or pride month? Or are you just whining for not getting a cookie?

I’m being serious here. Do you even KNOW why pride month exists?

Do you even know that being LGBT+ used to be illegal? You want to whine about no straight pride? When has being straight ever been illegal? LGBT+ pride was born from riots, from standing up to oppression and hatred for being who we are.

Do you even know that in some states “sodomy” is still considered illegal? Even though the SCOTUS “invalidated” those laws? In 2003, the SCOTUS reversed the decision on sodomy laws with the case of Lawrence v Texas. That’s right, up until then, being gay was ILLEGAL in several states. But tell me more about your straight pride and the “oppression” you suffer from.

Sodomy laws still exist in Louisiana, Alabama, Florida, Idaho, Kansas, Michigan, Mississippi, North Carolina, Oklahoma, SC, Texas and Utah.

LGBT+ people are STILL more likely to be victims of murder or suicide than non-LGBT+ people, even today! Look at how many trans women have been murdered in just this year alone, or how many LGBT+ youth are committing suicide to escape the bullying or the hatred they receive from family and friends just for being who they are. How about the fact that reparative rape exists as a way to “fix” LGBT+ people? Last I checked, straight people don’t deal with that. What about conversion therapy? Nothing like that for straight folk.

But sure, you need your cookie for being straight, right? 

Even though ON PAPER, LGBT+ people have the same rights as non, we are still treated as less than human in many places in the US. There are 30 states where you can be FIRED for being LGBT+. Show me a state where you can be fired just for being straight. It took a SUPREME COURT decision for homosexual people to be allowed to even fucking marry.

Something that should have been a “DUH” concept!

If you don’t know why I say that, read the 14th amendment. The 14th amendment states that one cannot deny rights from one group of people that another group has, which means that marriage should have been legal for LGBT+ people since it was legal for straight cisgender people, but it took a SCOTUS ruling to actually make people follow the law. And even still, we see places like in Oregon where a judge had to be forcibly removed from the bench for refusing to marry LGBT+ people because he didn’t agree with the law that he was supposed to uphold. And yet we STILL have states and lawmakers trying to reverse that because “Ewww! Gay people!”

Transgender people are constantly at the mercy of “gatekeeper” people who decide whether or not they are legitimate. Do you see straight people having to constantly go, “I’m straight!”? Or do we assume straight is the default setting? Do straight people get murdered just for being straight? LGBT+ people get murdered just for being LGBT+. Do parents kick their kids out of the house for “coming out” as straight? Or is that something we see with LGBT+ kids?

You all want to think that pride month is nothing more than LGBT+ flaunting themselves and being “proud” of being LGBT+, instead of a celebration and rememberance of all the battles we’ve fought to even get this far in life. We celebrate the lives of those who fought for us, we celebrate the overturning of corrupt laws meant to harm and silence us.

How about you do some reasearch and actually learn WHY pride month exists before whining about not getting a cookie for being straight. Learn WHY we celebrate. Learn WHY we continue to fight. Learn WHY we are tired of your bullshit straight pride day and your whining.

Go and learn your history before crying about not getting a cookie for being straight. http://www.hrc.org/blog/the-history-of-lgbt-pride-from-1970-to-now

Hey Michea, why aren’t you nicer to pro-life people?

Hey Michea, why aren’t you nicer to pro-life people?

Transcribed from a January 28, 2017 Twitter Thread. You want to learn about why abortion is not murder? You want to learn about why abortion is a human right and why the person who is pregnant matters more than a fetus? You want to learn why I’m no longer playing nice with people? Google is your friend, you can also scroll to the bottom of this article and check out my playlist on these topics.…

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We tried to warn you

We tried to warn you

Transcribed from a August 15, 2017 Twitter Thread. For years we’ve tried to warn you of this, but you brushed it off as “trolls” or people doing it to get a reaction. You ignored our warnings, and now you’re surprised when they march down your streets? Several years ago I started noticing “nazi” style posts online in certain groups. When I spoke up about it, I was dismissed with the “Oh it’s just…

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#TransRightsAreHumanRights

Transcribed from a July 26, 2017 Twitter thread. Every day people who aren’t cisgender, heterosexual, white, or male discover that rights on paper don’t always mean rights in real life. We shouldn’t have to keep pointing this out. For those who still don’t get it: #TransRightsAreHumanRights We are human beings, we deserve the same rights as the rest of y’all! And of course, queue the “THE…

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