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First Congressional Hearing on Transgender Discrimination Called
Executive Order Requires E-Verify System
TSA Changes Policy on Flying Without an ID
NCTE Issues Analysis of the REAL ID Act
US Supreme Court Hears Voter ID Case
New Jersey Passes Hate Crimes/Anti-Bullying Law
News 2008
Congressman Rob Andrews to Hold First Congressional Hearing on Transgender Discrimination
(Washington, DC, June 25) Congressman Rob Andrews (D-NJ), Chairman of the Health, Education, Labor, and Pensions (HELP) Subcommittee, has called the nation’s first hearing on transgender issues. The hearing, “An Examination of Discrimination Against Transgender Americans in the Workplace,” will be held on Thursday, June 26, at 10:30 AM in room 2175 in the Rayburn House Office Building. The National Center for Transgender Equality (NCTE) looks forward to Congress’ investigation of this important issue.
Chairman Andrews has called the following witnesses:
- Shannon Price Minter, Legal Director for National Center for Lesbian Rights (founding member of NCTE)
- Diane Schroer, Retired Colonel, US Army (member of NCTE)
- Diego Sanchez, Director of Public Relations and External Affairs for AIDS Action Committee of Massachusetts (Founding Board of Directors for NCTE)
- Sabrina Marcus Taraboletti, Former Space Shuttle Engineer (founding member of NCTE)
- Bill Hendrix, Chair of Gays, Lesbians, and Allies at Dow (GLAD) for Dow Chemical Company
The minority party has called the following witnesses:
- JC Miller, Partner at Thompson Hine
- Glen Lavy, Senior Counsel for Alliance Defense Fund
Statement by Mara Keisling, Executive Director of the National Center for Transgender Equality:
"We are grateful to Chairman Andrews and Congresspeople Barney Frank and Tammy Baldwin for their leadership on the very serious topic of ending workplace discrimination. As long as people are working, they shouldn’t be fired from their job just because of their gender identity or expression. Transgender Americans too often face tremendous obstacles in obtaining and holding meaningful employment and we are glad that Congress is thoroughly investigating the topic.”
For more information, visit our page on this topic.
Two New Federal Policy Changes With Some Impact on Transgender People
June 12, 2008
This week the federal government announced two new policy changes that may be of interest to transgender people and allies. Although neither has significant direct impact on trans people, NCTE is concerned that trans people and our allies may misinterpret the implications to be more serious, specific threats than they are. To be sure, both of these policies are bad policies and mean-spirited attempts by the administration to appear to be solving problems. NCTE opposes both, but we do so because they represent further general degradation of our rights, which the administration seems set on continuing to the very end of its time in office.
Executive Order Requiring Federal Contractors to Use E-Verify system.
On Monday, the White House announced Executive Order # 12989 which will require all federal contractors to verify the employment status of every employee using the seriously flawed E-Verify database system. Until now, E-Verify was a mostly voluntary system for employers to verify that their new employees were using legitimate names, social security numbers and immigration status. This executive order will make the system mandatory for hundreds of thousands of employees, putting all at risk for serious misunderstandings and adverse job actions caused by an intolerably flawed database.
Please note that the E-Verify is NOT the system through which trans people have been receiving gender no-match letters that out them at work. In fact, the E-Verify system that government contractors must now use does not allow for mandatory or optional gender matching and therefore, as of now, cannot and does not cause gender no-match letters. The primary system that triggers most employment-related gender no-matches is called Social Security Number Verification System (SSNVS ) and is not impacted by this executive order. (Note that SSA has numerous verification systems which can impact gender no-matches, but E-Verify is not one of them.) NCTE has made it a priority this year working to change SSNVS and related systems to eliminate gender no-match letters.
In addition to rampant documented inaccuracies in the database, the E-Verify system is under attack because it is clearly designed to scapegoat immigrants who are likely to face wrongful firing and inability to get jobs regardless of their immigration status. Furthermore, Congress has been investigating the negative impact E-Verify and other such systems are having on the Social Security Administration mission. SSA's core functions have suffered dramatically since it began to divert resources into these verification systems.
- To read the Executive Order, go to http://www.whitehouse.gov/news/releases/2008/06/20080609-2.html.
- To read more about E-Verify and why it is a bad policy go to http://www.aclu.org/immigrants/workplace/34821prs20080408.html.
- To read Los Angeles Times story on this Executive Order, go to http://www.latimes.com/news/la-na-immig10-2008jun10,0,6861491.story
If you receive a no-match letter at work, please contact NCTE at 202-903-0112 or ncte@nctequality.org
TSA Changes Policy for Flying Without ID
Effective June 21, the Transportation Security Agency (TSA) will no longer allow airline customers who refuse to show ID access to flights or secure areas in airports. This will include transgender people who refuse to show ID because they believe doing so will reveal flawed documentation that would out them as transgender. However, travelers, including transgender people, who claim to have lost or forgotten their ID will still be allowed through security after a pat down and hand search of carry-on luggage. Thus, the new policy is clearly aimed at supporters of civil liberties who insist on their civil right to unencumbered travel. It will not affect transgender people or others who simply arrive at the airport without ID or who claim such.
The policy change is clearly little more than continuing Department of Homeland Security theater meant to make the TSA appear to be is doing its job and to discourage the exercise of court-tested civil rights.
NCTE is currently updating our publication on Travel Tips for Transgender People and we hope to make it available shortly. NCTE will prioritize impacting TSA policies beginning next year when a new administration takes office.
- To read the Department of Homeland Security announcement, go to http://www.tsa.gov/press/happenings/enhance_id_requirements.shtm.
- For a good explanatory blog entry, go to http://news.cnet.com/8301-13739_3-9962760-46.html
If you have trouble traveling because of ID issues or disrespect from TSA agents, please contact NCTE at 202-903-0112 or ncte@nctequality.org.
NCTE Issues Analysis of the REAL ID Act
(March 14, 2008) NCTE issues a response to the Department of Homeland Security and the REAL ID act. Read more on our REAL ID page.
US Supreme Court Hears Voter ID Case Starting Today
(January 9, 2008) A voting rights case comes before the United States Supreme Court today. Oral arguments will be heard challenging an Indiana voting law requiring government-issued ID with photo. The court is expected to issue a decision sometime in June 2008, in time for the November Presidential election.
Voting issues affect the transgender community, and therefore, this case will be an interesting one to follow. For background on the case, see these webpages:
Voter ID Laws Are Set to Face a Crucial Test
New York Times - January 7, 2008
Voting Rights Advocates Challenge Voter ID Laws
civilrights.org - January 7, 2008
Crawford v. Marion County Election Board
Electronic Privacy Information Center
And also, don’t forget to check out NCTE’s Voting webpage and our publication, “Overcoming Voting Obstacles.”
Victory in New Jersey! New Jersey Legislature Passes Gender Identity/Expression
Hate Crime and School Anti-Bulllying Law
(January 7, 2008) Today, the New Jersey General Assembly passed A4591/S2975 by a large majority of 65-10. This follows action last week in the state Senate where the bill passed unanimously 35-0. The law that passed will now go to Governor Corzine's desk for his expected signature.
NCTE congratulates our wonderful allies at Garden State Equality and Gender Rights Advocacy Association of New Jersey (GRAANJ) who have continued to represent transgender people in New Jersey with Incredible skill and determination.
Basically, the bill adds gender identity and expression to the state's hate crime law and gives teeth to New Jersey's safe school, anti-bullying laws.
According to Garden State Equality specifically, "the new law does the following:
- Adds 'gender identity or expression' as a protected class to the state hate crimes law.
- Updates other parts of the hate crimes law by adding 'national origin' as a protected category, which thus far has been included in the law by interpreting 'ethnicity' to include such; and substitutes the more sensitive term 'disability' for 'handicap.'
- Specifies that a 'mistake of fact' by a defendant committing a hate crime is not a defense.
- Requires two hours of hate-crimes sensitivity training for all new police officers.
- Specifies suggested sentencing options to which judges can sentence defendants, such as anti-hate sensitivity training.
- Creates a study Commission on Bullying in Schools, which has nine months to investigate the problem and make recommendations to the Governor and legislature for further legislation.
- Requires schools post their anti-bullying policies on their websites, and to distribute their anti-bullying policies, within 120 days after enactment of the law."
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