ENDA To Be Voted On In Senate Committee July 10th

The Senate Health Labor Education and Pensions Committee is scheduled to vote on S.815, Employment Non-Discrimination Act of 2013 (ENDA) July 10th.

The Senate currently has 52 Democrats, 46 Republicans and 2 independent congress members. It appears by all accounts on the ground there's a good possibility ENDA will receive an up vote in Committee and move to the Senate floor were it needs 51 votes to pass.

But its prognosis is not so bright according to a new statistical formula provided by Gov. Track which says ENDA has a 5% chance of getting past committee and only 1% chance of being enacted.

In any case it's doubtful Enda would pass the House of Representatives since it would need 218 votes to pass and there are only 201 Democrats and 234 Republicans.

If somehow ENDA is passed S.815, Employment Non-Discrimination Act of 2013 will make it ...unlawful employment practice for an employer--

(1) to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual’s actual or perceived sexual orientation or gender identity; or

(2) to limit, segregate, or classify the employees or applicants for employment of the employer in any way that would deprive or tend to deprive any individual of employment or otherwise adversely affect the status of the individual as an employee, because of such individual’s actual or perceived sexual orientation or gender identity.

Read more about Enda at the Washington Blade and the Metro Weekly.

Update: Mia Macy The Trans Woman Who Won The Right To Fight Discrimination Under Title VII

With all of the despairing over the lack of movement of ENDA and a perception that without it trans people are powerless to fight workplace discrimination, just a reminder (to myself as well) we are protected.

Prior to transitioning Mia Macy, a veteran police officer, applied with the Bureau of Alcohol, Tobacco, Firearms and Explosives Agency in December 2010. She was told the job was hers pending a background check but when she contacted them again to inform them of her transition they first told her the job had been eliminated due to budget cuts. Unsatisfied with that response she pursued it again and they told her the job had already been taken.

On June 13, 2011 Ms. Macy filed a complaint with the EEOC.

In her complaint, Macy checked the box for "sex" as the basis of her discrimination claim. In addition, Macy typed onto her complaint form that "gender identity" and "sex stereotyping" also formed the basis of her complaint against the Agency. Macy further explained in her complaint that she had been discriminated against on the basis of her "sex, gender identity (transgender woman) and on the basis of sex stereotyping."



The EEOC sent her a number of replies indicating they would not process her complaint regarding gender identity stereotyping so Mia Appealed.

In a long and drawn out battle Mia finally won the right for transgender people to be included under Title VII because the EEOC ruled on appeal that the"...term “gender” encompasses not only a person’s biological sex but also the cultural and social aspects associated with masculinity and femininity.

Mia Macy,
Complainant,

v.

Eric Holder,
Attorney General,
Department of Justice,
(Bureau of Alcohol, Tobacco, Firearms and Explosives),
Agency.

Appeal No. 0120120821

Agency No. ATF-2011-00751

DECISION

On December 9, 2011, Complainant filed an appeal concerning her equal
employment opportunity (EEO) complaint alleging employment discrimination
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. § 2000e et seq. For the following reasons, the
Commission finds that the Complainant’s complaint of discrimination
based on gender identity, change of sex, and/or transgender status is
cognizable under Title VII and remands the complaint to the Agency for
further processing.

Further reading:

Cal employment blog

EEOC decision

Mia Macy Facebook


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Mia Macy is a veteran, police detective, loving wife and radio and television personality - she became an accidental activist with ground breaking Macy V. Holder case
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