The Borneo Post

Outrage over U-turn on transgende­r workers

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WASHINGTON: Attorney General Jeff Sessions has reversed a three-year- old Justice Department policy that protected transgende­r workers from discrimina­tion under federal law.

In a memo to his US attorney offices and agency heads, Sessions said that Title VII of the Civil Rights Act of 1964 does not protect transgende­r people from workplace discrimina­tion by private employers and state and local government­s.

“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,” Sessions wrote in the memo dated last Wednesday.

The attorney general’s memo says the Justice Department will take this position “in all pending and future matters,” indicating his policy will have a widerangin­g impact.

Civil rights groups quickly lashed out at Sessions and accused him of “yet another rollback of protection­s for LGBTQ people.”

“Today’s 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 individual,” said Vanita Gupta, former head of the Civil Rights Division in the Obama administra­tion and now president and CEO of The Leadership Conference on Civil and Human Rights.

Justice spokesman Devin O’Malley said Sessions changed the policy because the previous administra­tion had not accurately interprete­d the civil rights law.

“The Justice Department cannot expand the law beyond what Congress has provided,” O’Malley said. “Unfortunat­ely, the last administra­tion abandoned that fundamenta­l principle, which necessitat­ed today’s action.” Sessions’ memo was first reported by BuzzFeed.

Sessions’ memo went out on the same day the Justice Department asked a federal court to dismiss a lawsuit seeking to block President Donald Trump’s proposed ban on transgende­r people serving in the military.

In their federal court filing, Justice attorneys called the lawsuit “premature times over.”

The lawsuit is filed in Washington by two gay rights organisati­ons representi­ng eight transgende­r US service members. The Justice Department said the lawsuit was asking US District Judge Colleen Kollar-Kotelly for the District of Columbia “to prejudge the constituti­onality of a future Government policy” that has not been drafted. several

The groups that sought an injunction said that even though Defense Secretary Jim Mattis has not taken action against service members as the Pentagon reviews its options, he committed in an August guidance document to carrying out the Trump policy by Mar 23. As a result, service members face the imminent prospect of being denied reenlistme­nt, promotions, deployment­s and even medical care, the groups said.

In the first response to challenges to the ban in several courts, however, the government said that none of those actions will take place while the policy is being studied.

“No actual discharge or denial of accession has occurred, and they will not suffer a hardship if the Court withholds considerat­ion until after the policies challenged in this case are implemente­d and are found to impact Plaintiffs,” Ryan Parker and Andrew Carmichael wrote for the Justice Department’s civil division.

As for two named plaintiffs, Regan Kibby, who is a midshipman at the US Naval Academy, and Dylan Cohere, an Army Reserve Officers’ Training Corps cadet, the Justice Department claimed that despite the threat to their future enlistment, neither will be set to apply for officer’s commission­s until they complete studies in 2020 at the earliest.

The government’s 44-page filing before a midnight deadline did not argue the merits of a ban, but argued on procedural grounds that the court has no jurisdicti­on yet to act. — WPBloomber­g

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. Jeff Sessions, Attorney General

 ??  ?? Civil rights groups have slammed Sessions and accused him of “yet another rollback of protection­s for LGBTQ people.”
Civil rights groups have slammed Sessions and accused him of “yet another rollback of protection­s for LGBTQ people.”

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