Fewer kids are being bullied, survey finds
(NEW YORK) There’s been a sharp drop in the percentage of America’s children being bullied or beaten up by their peers, according to a new national survey by experts who believe anti-bullying programs are having an impact.
The study, funded by the U.S. Department of Justice, found that the percentage of …
DOJ Will Not Appeal Veteran’s VictoryIn Transgender Discrimination Case
Signals Commitment By Obama Administration To Protect Transgender Workers From Discrimination
WASHINGTON, DC – The U.S. Department of Justice decided not to appeal a federal court ruling awarding transgender veteran Diane Schroer the maximum compensation for the discrimination she suffered after being refused a job with the Library of Congress. The deadline for seeking an appeal was June 30. The American Civil Liberties Union has represented Schroer in her case.
The Obama administration’s decision whether to appeal the final ruling in the case has been closely watched in part because the Bush administration defended the case so vigorously, arguing that transgender Americans are not protected by any existing federal laws. The decision not to appeal the verdict is consistent with the Obama administration’s campaign promises to protect transgender workers against discrimination and his administration’s recent order taking steps to bar gender identity discrimination in federal employment.
“I am grateful that the court took the time to examine the case in detail and come to a fair and unbiased decision. In that same light, I am gratified that the current administration saw this for what it was, a case of sex discrimination focused against transgender people, and recognized that it must end in this country,” said Schroer, an Army Special Forces veteran with 25 years service. “The important signal that the administration’s decision sends to all LGBT individuals gives me renewed hope and restores some of my shaken faith in what our country stands for.”
On April 29, 2009, a federal court awarded Schroer maximum damages of $491,190 for back pay, other financial losses and emotional pain and suffering after finding the Library illegally discriminated against Schroer because of her sex. At trial, Schroer testified that she had applied for a position with the Library of Congress as the senior terrorism research analyst and was offered the job. Prior to starting work, she took her future boss to lunch to explain that she was in the process of transitioning and wished to start work presenting as female. The following day, Schroer received a call from her future boss rescinding the offer, telling her that she wasn’t a “good fit” for the Library of Congress.
“We are pleased and relieved that the Obama administration has decided to bring an end not only to years of hard-fought litigation but also to a painful chapter of Ms. Schroer’s extraordinary life,” said Sharon McGowan, a staff attorney with the ACLU LGBT Project. “The administration’s decision not to challenge this important civil rights ruling is a welcome sign that it intends to live up to its commitment to help end transgender discrimination in the workplace.”
The ACLU filed the lawsuit against the Library of Congress on June 2, 2005, charging that the library unlawfully refused to hire Schroer in violation of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. In an earlier ruling in this case, the court issued a groundbreaking opinion that discriminating against someone who transitions from living as one gender to another is sex discrimination under federal law. In reaching this decision, the court compared 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.” The court also ruled that the library was guilty of sex stereotyping against Schroer because of its view that she failed to live up to traditional notions of what is male or female.
“This case put employers on notice that discrimination against transgender individuals is like any other form of discrimination – counterproductive and against our principles as a nation,” added Schroer. “But this case alone won’t end the rampant discrimination that transgender people face throughout the country. That’s why we need Congress to pass the Employment Non-Discrimination Act that was introduced last week.”
In addition to McGowan, the legal team consisted of Ken Choe, Senior Staff Attorney for the ACLU LGBT Project, James Esseks, Litigation Director for the ACLU LGBT Project and Arthur Spitzer, Legal Director of the ACLU of the Nation’s Capital.
A copy of the decision, the complaint, a video, a bio and photographs of Diane Schroer are available at: http://www.aclu.org/lgbt/transgender/24969res20050602.html
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Original source : http://gay_blog.blogspot.com/2009/07/doj-will-not-…
MD: HIV infections will never be traced to VA hospital
(Murfreesboro, Tennessee) Former patients who tested positive for HIV or hepatitis will not be able to show they were infected by tainted equipment at U.S. Department of Veterans Affairs hospitals, a top doctor for the agency says.
Dr. Jim Bagian, the VA’s chief patient safety officer, said the patients won’t be …
Out advocate for seniors named to HHS post
Kathy Greenlee, the out secretary of aging for the state of Kansas, is the White House’s pick to become assistant secretary for the Administration on Aging at the U.S. Department of Health and Human Services. Her nomination must be approved by the U.S. Senate. Washington Blade * Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/05/out-advocate-…
Out labor leader tapped for U.S. government post
President Barack Obama has named Mary Beth Maxwell, the out executive director of American Rights at Work, to a senior post in the U.S. Department of Labor. Maxwell, who reportedly was a finalist for labor secretary, is among more than 30 out presidential appointments. GayPolitics.com (4/27) * Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/05/out-labor-lea…
ACLU Lawsuit Charges U.S. Department of State Discriminated Against Former Veteran Because He Has HIV
“After putting my life on the line for my country for more than 20 years, I can’t believe my government is saying that I’m unworthy to work because I have HIV,” said John Doe (who is going by a pseudonym to protect himself and his family from further discrimination). “I need this job to support my family. I’m in good health, well qualified and eager to serve.”
According to the motion filed by Triple Canopy on Friday, the “Worldwide Personal Protective Services Contract,” which the State Department used to hire contractors to fulfill U.S. security needs around the globe, required that all personnel working under the contract produce a “[v]alid negative HIV result within six (6) months of report date to FDC [Forward Deployment Center].” The contract also lists “suggested physical standards,” which include a requirement that all contractor personnel be “free from communicable disease.” Yet, in its own answer to the lawsuit, the State Department claims that its contract with Triple Canopy doesn’t bar people with HIV from employment.
Triple Canopy is also claiming that it was justified in denying Doe the job because he posed a risk to others because he has HIV. “As we have known for years, people with HIV can safely work in jobs like law enforcement and security,” said Saxe. “There was no reason Doe could not have done the job.”
Doe, who was diagnosed with HIV in 2000, served his country for 20 years until his retirement from the Army in September 2001. From 2004 to 2005, he worked for Defense Department contractors in Iraq, where he led security teams on military bases. In each of these jobs, the government was aware that Doe had HIV, and had no problem with him performing the jobs in war zones in Iraq.
After being terminated by Triple Canopy, Doe filed a charge with the E.E.O.C. against the company. After conducting an investigation into the firing, the E.E.O.C. issued a Right to Sue letter, finding there was “reasonable cause” to believe that Triple Canopy had illegally fired Doe in violation of the Americans with Disabilities Act.
This case is the latest in a string of challenges against the U.S. government for discrimination against people with HIV in the workplace. In July 2008, the ACLU, advocating on behalf of a volunteer, persuaded the Peace Corps to eliminate its policy of automatically barring volunteers with HIV. In February 2008, the State Department settled a lawsuit brought by Lambda Legal on behalf of a Foreign Service Worker for HIV discrimination and agreed to eliminate its policy of automatically excluding workers with HIV.
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Original source : http://gay_blog.blogspot.com/2009/01/aclu-lawsuit-…
Group wins asylum for gay pos man facing deportation
(New York City) A gay HIV-positive man has been granted asylum after a group associated with the Columbia University Law School intervened in his case.
The man, whose name is being withheld, feared persecution if forced to return to the Ivory Coast in West Africa.
The U.S. Department of Homeland Security issued the …
Group wins asylum for gay pos man facing deportation
(New York City) A gay HIV-positive man has been granted asylum after a group associated with the Columbia University Law School intervened in his case.
The man, whose name is being withheld, feared persecution if forced to return to the Ivory Coast in West Africa.
The U.S. Department of Homeland Security issued the …
