This paper will discuss and react to the constitutional laws that exist today and have progressed throughout the years regarding gender variants and their human rights in the workplace. The overview of acts and occupational differences will mainly be focused on Australia and the United States through comparing and contrasting their specific regulations and the average work gender variants choose based on the individual’s societal views. In reality, gender variants/people of the LBGTQIA committee are affected significantly by discrimination and segregation in the workplace and in which the efforts to promote greater gender diversity among all three countries will be painted throughout the work.
In the United States, LBGTQIA refers to
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Representative Jared Polis “In 31 states, it is still legal to fire an employee because they’re gay or transgender.” It’s shocking to know a nation considered one of the leading nations in the world has not granted its basic human rights to the people residing on their land––people who have devoted their lives to thrive in this country. Through research, there was one study I found that stood out to me titled “INJUSTICE AT EVERY TURN:
A REPORT OF THE NATIONAL TRANSGENDER DISCRIMINATION SURVEY” which is a comprehensive survey taken by over 7,500 respondents a part of the LGBT community to discuss their experiences of discrimination that will further encourage the implementation of better protection towards gender variants. Authors concluded the: “KEY FINDINGS IN EMPLOYMENT
• Double the rate of unemployment: Survey respondents experienced unemployment at twice the rate of the general population, with rates for people of color up to four times the national unemployment rate.
• Near universal harassment on the job: Ninety percent (90%) of those surveyed reported experiencing harassment or mistreatment on the job or took actions to avoid it.
• Considerable loss of jobs and careers: Forty-seven percent (47%) said they had experienced an adverse job outcome, such as being fired, not hired or denied a promotion because of being transgender/gender non-conforming; 26% of respondents said that they had lost a job due to being transgender or gender non-conforming.
• Race
Majority of transgender people will face some sort of discrimination in their lifetime whether it is through being rejected by their families, denied housing or finding employment. “Employment discrimination forces many to become involved in the street economy and in survival crime. Widespread bias and ignorance among law enforcement and other officials mean that transgender people are disproportionately subjected to arrest and, in turn, imprisonment.” (al, 2011)
amount of slaves. As of the whole population including slaves, Delaware had a low whole
During the holocaust, a large faction of people were subjected to horrible hardships that killed many, and scarred those that weren’t given the luxury of death. The Jewish were this faction; they were sent to ghettos and concentration camps, treated like animals, starved, and even burned alive. Similar events are going on today, though not quite to this extent. People are discriminated against for their skin color, sexuality, or gender by legislature, in the workplace, and in daily life. In “Experience of Career-Related Discrimination for Female-to-Male Transgender Persons: A Qualitative Study,” Franco Dispenza and his colleagues did a study on the different types of discrimination and their impact on female to male transgender men. The holocaust
Of the study’s 25 participants, 20 were female-to-male. The authors determined the main problem for the participants was the struggle to find transgender-sensitive health care. The subjects described discrimination by healthcare systems, lack of knowledge and hostility by providers, and lack of health insurance to cover transgender-specific healthcare needs. Some of the FtM participants who had problems with pelvic pain, abnormal uterine bleeding, and a history of abnormal Pap tests kept their gender as female on their insurance so they could still get the care they needed. Using a national cross-sectional survey data set, Shires and Jaffee (2015) reported similar findings. Of the 1,711 FtM participants included in this study, 41.8 percent reported verbal harassment, physical assault, or denial of equal treatment in a doctor’s office or
Transgender people are a diverse population of individuals who cross or transcend culturally defined categories of gender ( Bockting ,Miner, Romine, Hamilton and Coleman, 2013). The world is evolving and people need to become acceptance of others especially transgender individuals. Transgender individuals are a group of people most vulnerable to workplace discrimination (Bailey, 2013) due to those that are prejudice or dislike the ideal of those unknown to them. Therefore, for those people that are not aware of how to confront their prejudice or biases towards people that are transgender, they should be more open minded to understand and accept diversity. There is a lot we need to learn about this phenomenon so having the willingness to understand
According to the Center for American Progress, “studies show that anywhere from 15% to 43% of gay people have experienced some form of discrimination and harassment at the workplace. Moreover, a staggering 90 percent of transgender workers report some form of harassment or mistreatment on the job.” (Burns & Krehely, 2011) This doesn’t just affect the individual, it affects the worker’s productivity and confidence on the job, in some cases it may affect the pay which ultimately throws off the individual’s income for stability within their responsibilities, this can affect the business in a negative way. The list can go on and on of the consequences brought on by employment discrimination. According to USA Today’s Jennifer Calfas, “it is legal to fire someone based on his or her sexual orientation or gender identity. While there is some federal recourse through civil rights and equal employment claims, there's no national anti-discrimination law to protect LGBT workers from state whims. Title VII of the Civil Rights Act of 1964 prohibits job discrimination based on race, color, sex, religion and nation of origin, but does not extend those protections to LGBT people.” (Calfas, 2015) Luckily, USA Today’s Jennifer Calfas also states that “Twenty-two states and the District of Columbia have laws prohibiting employers from firing employees due to just their sexual orientation or gender
Job discrimination affects about 46% of the population this includes not being hired, losing a job, or being denied a promotion because of their LGBT identity
The lack of productivity contributed to our modern society by these individuals is striking. Based on figures from the Human Rights Campaign (2015), those who dissent with their sexuality fail to succeed in the workplace in 29 of our 50 states, while their transgender counterparts fail to succeed in 32. The contrast of the professional success among these dissenters and their counterparts
The Declaration of Independence states that “[all men have] certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness...it is the Right of the People to alter [the government]...to effect their Safety and Happiness”. The rights of the LGBT community are vital to their life, pursuit of happiness, and safety; they should not be penalized for exercising their first amendment right: freedom of expression. Furthermore, the fourteenth amendment in the U.S. Constitution guarantees “any person within its jurisdiction the equal protection of the laws”; studies have shown the LGBT community does not have equal protection in the workplace. To reinforce and uphold the founding beliefs of equality, liberty, and safety, it is apparent that there needs to be an alteration in legislation
The LGBT is still discriminated against in the common workplace. The community typically faces discrimination in the workplace and “According to the New York State Division of Human Rights, approximately 5 percent of its complaints were based upon sexual orientation identity discrimination”(Gates). This shows a clear case in which sexuality is a prevalent issue and not something to simply scoff at. A recent case posted by the New York Times shows how some cities are taking measures to make it easier to discriminate same-sex couples because of the religious freedom law which allows religious conservatives to refuse service to same-sex couples. People who are affected by this could be refused employment, housing, and public accommodations (Davey). Unfortunately these people are treated unjustly and need more than just the ability to get married, but to actually be protected from the more pressing issues. A study conducted by Mara Keisling from the National center of transgender equality found that those that openly identified as transgender experience double the rate of unemployment and 47% claim to have been denied a job, fired, or denied a promotion
The group that have been identified as a marginalized and oppressed group is the Lesbian, Gay, Bisexual, and Transgender community (LGBT). In this paper I will be focused on the history and how stereotypes have been perpetuated, transformed, and continue to currently exist in society. I will also cover how the LGBT has experienced oppression in our country. Lastly, I will discuss local agencies who are advocating for the LGBT on current issues.
The issue of gender identification is a pressing topic that almost everyone has input on, some more aggressively than others. We find ourselves in a place where we have to decide to classify people as what they say they are or what the government says they are. In a time such as this, we strive to be as progressive as possible, but it is harder and harder to move forward when the chains of the past hold us back, social injust is running rampant due to the lack of laws that would protect genderqueer individuals from workplace discrimination. “As the national debate escalates over accommodations for transgender people, the new figure, though still just 0.6 percent of the adult population” (Hoffman). Genderqueer individuals are still a minority that needs legal protection, which is why it is as important as ever to create a law that would add gender identity to anti-discrimination laws as well as more genders on legal documents to promote individuality and personality.
To be transgender is not a choice, but rather of form of sexuality that is often shunned in American culture. Transgender individuals are those who transgress the gender norms of the dominant culture or the culture to which they belong. Transgender oppression occurs when people whose gender expression does not qualify as “normal” within their society. Throughout life, society teaches “cultural differences and gender appropriateness” (437) in which is set as the norm in the American culture. It is important that we must “move away from the culturally derived values that are assigned to expressions of feminity and masculinity” (444) and allow sexuality to be free from standards. Society has created transgender oppression, by not attempting to understand nor accept a wider range of sexual expression. Throughout history, people who are transgender are viewed as “mentally ill (426) and are victimized through our political system. An example of this would be the intense discrimination that occurred in the 1960’s, where a person who “looked transgender would be less likely to be rented to and would have a great deal of trouble finding work.”(433); because often the transgender community lacks protection through the political system. Title VII was created to prohibit employers from discriminating against employees based on sex, race, color, nationality and religion; but this protection was not extended toward the transgender community. Police brutality would also occur when
According to the National Taskforce for Transgender Equality, 40% of transgender individuals are unemployed. There are many varying explanations for this number and often, people cite a hatred for the transgender community as reason for the high rates of unemployment. This number is startling, and it might be even more startling to find that only 16 states protect the employment of transgender individuals, meaning that the vast majority of states do not have measures already in place to protect transgender individuals from being fired for being themselves. Studies have shown that most people believe that there are already many laws in place concerning the treatment of LGBT persons in the workforce, but the truth is that there are no such laws in most states and, according to how ENDA has been voted upon in the past, there are those who believe that no such laws are necessary. While there is a growing need for ENDA, there is also a growing need for the bill to be more inclusive. Two separate times, ENDA has been revised to remove the gender identity clause from the original document. Both times the bill was more widely accepted in congress, but garnered more opposition from the LGBT community. Along with the LGBT community’s opposition were groups of people that stood in opposition of the bill for different reasons. Many oppose anti-discrimination legislation on the grounds that it is not protecting freedom of speech
Article 4(1) of the UN convention on the elimination of all forms of discrimination against women expressly authorises ‘temporary special measures aimed at accelerating de facto equality between men and women’. In addition to this, the Workplace Gender Equality Act (2012) has also been developed to prevent discrimination in the workplace, with the aid of the Australian Government agency, the Workplace Gender Equality Agency (WGEA) whose role is to promote and improve gender equality in Australian workplaces (Workplace Gender Equality Agency, 2017).