SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
Attorney General Jeff Sessions issued a directive instructing the Department of Justice to no longer apply sex discrimination protections to transgender workers. (Photo: Gage Skidmore/Flickr/cc)
Sessions Denounced for 'Appalling Assault' on Transgender Workers' Rights
"This DOJ has made it clear: Its explicit agenda is to attack and undermine the civil rights of our most vulnerable communities rather than standing up for them."
Oct 05, 2017
LGBTQ advocates on Thursday fiercely denounced a leaked directive from Attorney General Jeff Sessions that reversed a federal government policy protecting transgender workers from discrimination under Title VII of the 1964 Civil Rights Act.
"This despicable action of reversing protections for transgender people in the workplace is just another example of attempts by the Trump administration to deny tens of thousands of Americans equal rights."
--David Kilmnick, New York LGBT Network
"While scores of Americans are dying from natural disasters and gun violence, the Trump administration, instead of helping our nation come together, is continuing to try and tear it apart," said David Kilmnick, president and CEO of the New York LGBT Network. "This despicable action of reversing protections for transgender people in the workplace is just another example of attempts by the Trump administration to deny tens of thousands of Americans equal rights."
"Yet again, the Trump-Pence administration continues to unleash shameful attacks against the transgender community in an effort to promote their disgusting agenda of hate," said Sarah Warbelow, Human Rights Campaign legal director. "Sessions is openly directing the [Justice] Department to ignore their responsibilities in protecting the civil rights of all Americans. Transgender workers deserve to know their government will have their back when they're faced with discrimination."
Sessions' directive, obtained by BuzzFeed News, formally withdraws a 2014 memo from former Attorney General Eric Holder, and reportedly says:
Title VII's prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.... Although federal law, including Title VII, provides various protections to transgender individuals, Title VII does not prohibit discrimination based on gender identity per se.... This is a conclusion of law, not policy. As a law enforcement agency, the Department of Justice must interpret Title VII as written by Congress.
The memo indicates the government will default to Sessions' interpretation of the law in all pending and future cases, BuzzFeed reports, "which could have far-reaching implications across the federal government and may result in the Justice Department fighting against transgender workers in court."
Rights groups and legal experts quickly refuted Sessions' analysis and expressed concerns that the memo would lead the members of the department to shirk their duty to protect workers from discrimination.
"The Sessions Justice Department must put its civil rights enforcement responsibilities above its divisive agenda and recognize that LGBTQ people deserve the full protection of our civil rights laws," said Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights.
"This announcement is the latest example of how the Trump administration and the Sessions Justice Department are undermining equal rights and dignity for lesbian, gay, bisexual, and transgender individuals," Gupta added, "and this one flies in the face of case law that has reached the opposite conclusion."
As Warbelow noted, "the DOJ's jaw-dropping policy conflicts with years of interpretation from both the U.S. Supreme Court and federal circuit courts."
"It's ironic for them to say this is law, and not policy," Sharon McGowan, a Lambda Legal attorney who formerly worked in the Justice Department's Civil Rights Division, told BuzzFeed. "The memo is devoid of discussion of the way case law has been developing in this area for the last few years. It demonstrates that this memo is not actually a reflection of the law as it is--it's a reflection of what the DOJ wishes the law were."
"The text of Title VII, federal case law, and the Equal Employment Opportunity Commission all support interpreting and applying Title VII's prohibition on sex discrimination to cover the stark discrimination faced by transgender individuals."
--Kristen Clarke, Lawyers' Committee for Civil Rights Under Law
"The Sessions DOJ is trying to roll back the clock and pretend that the progress of the last decade hasn't happened," McGowan added.
"The text of Title VII, federal case law, and the Equal Employment Opportunity Commission all support interpreting and applying Title VII's prohibition on sex discrimination to cover the stark discrimination faced by transgender individuals," said Kristen Clarke, president and executive director of the Lawyers' Committee for Civil Rights Under Law.
"Transgender individuals are among some of our nation's most vulnerable communities and they experience discrimination in virtually every area of life based on their sex," Clarke said. "Attorney General Sessions' actions today only further reinforce his hostility to civil rights and show that he is determined to roll back the fragile gains that have been made."
Other critics, including multiple members of Congress, turned to Twitter to condemn the move:
An Urgent Message From Our Co-Founder
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
LGBTQ advocates on Thursday fiercely denounced a leaked directive from Attorney General Jeff Sessions that reversed a federal government policy protecting transgender workers from discrimination under Title VII of the 1964 Civil Rights Act.
"This despicable action of reversing protections for transgender people in the workplace is just another example of attempts by the Trump administration to deny tens of thousands of Americans equal rights."
--David Kilmnick, New York LGBT Network
"While scores of Americans are dying from natural disasters and gun violence, the Trump administration, instead of helping our nation come together, is continuing to try and tear it apart," said David Kilmnick, president and CEO of the New York LGBT Network. "This despicable action of reversing protections for transgender people in the workplace is just another example of attempts by the Trump administration to deny tens of thousands of Americans equal rights."
"Yet again, the Trump-Pence administration continues to unleash shameful attacks against the transgender community in an effort to promote their disgusting agenda of hate," said Sarah Warbelow, Human Rights Campaign legal director. "Sessions is openly directing the [Justice] Department to ignore their responsibilities in protecting the civil rights of all Americans. Transgender workers deserve to know their government will have their back when they're faced with discrimination."
Sessions' directive, obtained by BuzzFeed News, formally withdraws a 2014 memo from former Attorney General Eric Holder, and reportedly says:
Title VII's prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.... Although federal law, including Title VII, provides various protections to transgender individuals, Title VII does not prohibit discrimination based on gender identity per se.... This is a conclusion of law, not policy. As a law enforcement agency, the Department of Justice must interpret Title VII as written by Congress.
The memo indicates the government will default to Sessions' interpretation of the law in all pending and future cases, BuzzFeed reports, "which could have far-reaching implications across the federal government and may result in the Justice Department fighting against transgender workers in court."
Rights groups and legal experts quickly refuted Sessions' analysis and expressed concerns that the memo would lead the members of the department to shirk their duty to protect workers from discrimination.
"The Sessions Justice Department must put its civil rights enforcement responsibilities above its divisive agenda and recognize that LGBTQ people deserve the full protection of our civil rights laws," said Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights.
"This announcement is the latest example of how the Trump administration and the Sessions Justice Department are undermining equal rights and dignity for lesbian, gay, bisexual, and transgender individuals," Gupta added, "and this one flies in the face of case law that has reached the opposite conclusion."
As Warbelow noted, "the DOJ's jaw-dropping policy conflicts with years of interpretation from both the U.S. Supreme Court and federal circuit courts."
"It's ironic for them to say this is law, and not policy," Sharon McGowan, a Lambda Legal attorney who formerly worked in the Justice Department's Civil Rights Division, told BuzzFeed. "The memo is devoid of discussion of the way case law has been developing in this area for the last few years. It demonstrates that this memo is not actually a reflection of the law as it is--it's a reflection of what the DOJ wishes the law were."
"The text of Title VII, federal case law, and the Equal Employment Opportunity Commission all support interpreting and applying Title VII's prohibition on sex discrimination to cover the stark discrimination faced by transgender individuals."
--Kristen Clarke, Lawyers' Committee for Civil Rights Under Law
"The Sessions DOJ is trying to roll back the clock and pretend that the progress of the last decade hasn't happened," McGowan added.
"The text of Title VII, federal case law, and the Equal Employment Opportunity Commission all support interpreting and applying Title VII's prohibition on sex discrimination to cover the stark discrimination faced by transgender individuals," said Kristen Clarke, president and executive director of the Lawyers' Committee for Civil Rights Under Law.
"Transgender individuals are among some of our nation's most vulnerable communities and they experience discrimination in virtually every area of life based on their sex," Clarke said. "Attorney General Sessions' actions today only further reinforce his hostility to civil rights and show that he is determined to roll back the fragile gains that have been made."
Other critics, including multiple members of Congress, turned to Twitter to condemn the move:
LGBTQ advocates on Thursday fiercely denounced a leaked directive from Attorney General Jeff Sessions that reversed a federal government policy protecting transgender workers from discrimination under Title VII of the 1964 Civil Rights Act.
"This despicable action of reversing protections for transgender people in the workplace is just another example of attempts by the Trump administration to deny tens of thousands of Americans equal rights."
--David Kilmnick, New York LGBT Network
"While scores of Americans are dying from natural disasters and gun violence, the Trump administration, instead of helping our nation come together, is continuing to try and tear it apart," said David Kilmnick, president and CEO of the New York LGBT Network. "This despicable action of reversing protections for transgender people in the workplace is just another example of attempts by the Trump administration to deny tens of thousands of Americans equal rights."
"Yet again, the Trump-Pence administration continues to unleash shameful attacks against the transgender community in an effort to promote their disgusting agenda of hate," said Sarah Warbelow, Human Rights Campaign legal director. "Sessions is openly directing the [Justice] Department to ignore their responsibilities in protecting the civil rights of all Americans. Transgender workers deserve to know their government will have their back when they're faced with discrimination."
Sessions' directive, obtained by BuzzFeed News, formally withdraws a 2014 memo from former Attorney General Eric Holder, and reportedly says:
Title VII's prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.... Although federal law, including Title VII, provides various protections to transgender individuals, Title VII does not prohibit discrimination based on gender identity per se.... This is a conclusion of law, not policy. As a law enforcement agency, the Department of Justice must interpret Title VII as written by Congress.
The memo indicates the government will default to Sessions' interpretation of the law in all pending and future cases, BuzzFeed reports, "which could have far-reaching implications across the federal government and may result in the Justice Department fighting against transgender workers in court."
Rights groups and legal experts quickly refuted Sessions' analysis and expressed concerns that the memo would lead the members of the department to shirk their duty to protect workers from discrimination.
"The Sessions Justice Department must put its civil rights enforcement responsibilities above its divisive agenda and recognize that LGBTQ people deserve the full protection of our civil rights laws," said Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights.
"This announcement is the latest example of how the Trump administration and the Sessions Justice Department are undermining equal rights and dignity for lesbian, gay, bisexual, and transgender individuals," Gupta added, "and this one flies in the face of case law that has reached the opposite conclusion."
As Warbelow noted, "the DOJ's jaw-dropping policy conflicts with years of interpretation from both the U.S. Supreme Court and federal circuit courts."
"It's ironic for them to say this is law, and not policy," Sharon McGowan, a Lambda Legal attorney who formerly worked in the Justice Department's Civil Rights Division, told BuzzFeed. "The memo is devoid of discussion of the way case law has been developing in this area for the last few years. It demonstrates that this memo is not actually a reflection of the law as it is--it's a reflection of what the DOJ wishes the law were."
"The text of Title VII, federal case law, and the Equal Employment Opportunity Commission all support interpreting and applying Title VII's prohibition on sex discrimination to cover the stark discrimination faced by transgender individuals."
--Kristen Clarke, Lawyers' Committee for Civil Rights Under Law
"The Sessions DOJ is trying to roll back the clock and pretend that the progress of the last decade hasn't happened," McGowan added.
"The text of Title VII, federal case law, and the Equal Employment Opportunity Commission all support interpreting and applying Title VII's prohibition on sex discrimination to cover the stark discrimination faced by transgender individuals," said Kristen Clarke, president and executive director of the Lawyers' Committee for Civil Rights Under Law.
"Transgender individuals are among some of our nation's most vulnerable communities and they experience discrimination in virtually every area of life based on their sex," Clarke said. "Attorney General Sessions' actions today only further reinforce his hostility to civil rights and show that he is determined to roll back the fragile gains that have been made."
Other critics, including multiple members of Congress, turned to Twitter to condemn the move:
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.