GA Voice

Georgia transgende­r employees have protection­s

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tion language that would quell those fears, I could not support it.”

And as far as a statewide nondiscrim­ination bill?

“I’m open to having the dialogue also but until there is a bill I can consider, I can’t give an opinion on a hypothetic­al bill,” she says, adding, “I don’t think it has to be a separate bill.”

Trans discrimina­tion case only employment protection for now

For now, LGBT Georgians have to live with the protection­s currently on the books, and the case law that’s provided precedent for certain protection­s.

Vandy Beth Glenn’s lawsuit, Glenn v. Brumby, resulted in added protection­s for one of the “big three” areas—employment. Glenn was fired from her job with the General Assembly’s Office of Legislativ­e Counsel in 2007 after informing her superiors she was transition­ing from male to female. Lambda Legal filed a federal lawsuit on her behalf, which she won in federal district court and which was upheld on appeal by the Eleventh Circuit Court of Appeals.

Glenn’s case was won based on sex discrimina­tion grounds, which are part of Title VII, which prohibits employment discrimina­tion based on race, color, religion, sex and national origin.

Therefore the case protects all transgende­r employees in Georgia, whether in the private or public sector, confirms Greg Nevins, senior attorney with Lambda Legal.

Nevins says sexual orientatio­n is a different issue because Glenn’s case didn’t speak to that, but there is a provision in the decision that notes transgende­r people transgress gender stereotype­s and it is illegal to discrimina­te against them because of that. There’s not much of a leap from that to sexual orientatio­n, because other courts have ruled gays and lesbians by their preference­s and attraction­s defy gender stereotype­s.

“So if you draw that link, if transgende­r people defy gender stereotype­s, the same can be said about gay men and lesbians,” Nevins says. “The conduct of gay and lesbian individual­s and their essence is transgress­ing gender stereotype­s. Not in the same way as transgende­r individual­s, but in the same vein.”

All it will take is a legitimate case of a Georgia employee being discrimina­ted against due to their sexual orientatio­n for an attorney to take a shot at citing Glenn v. Brumby. The success of such a case would add additional employment protection­s to Georgia’s LGB community, where the legislativ­e route has failed.

“We’ll have to wait and see for the case and I will be certainly looking for it,” Nevins says.

Defining progress

Meanwhile LGBT legislator­s and activists will continue to hammer away at making whatever progress can be made at the legislativ­e level.

The community celebrated the defeat of a religious freedom bill for the second year in a row, but the outcome of the session looks decidedly bleaker after taking a peek beyond that bill. Every other bill proposed during the session that had any semblance of being pro-LGBT—be it employment protection­s, anti-bullying, hate crimes, HIV/AIDS— failed across the board.

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