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Starbucks Holds Life-Saving Benefits Over Trans Workers’ Heads

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Zane McNeill

OVERLAND PARK, KAN.—Maddie Doran worked at the Starbucks on 75th Street and Interstate 35 for 10 months, “not only to pay the bills,” she says, but because the company’s health insurance covers gender-affirming surgery. Many health plans exclude gender-affirming care, despite the fact that the medically necessary procedures can be lifesaving—Harvard research shows gender-affirming care can significantly reduce suicidal ideation, for example. 

And without Starbucks’ health plan, Doran’s facial feminization surgery would cost her $42,000.

But after Doran joined a union campaign at the store this winter, the benefit “was waved over my head” as an anti-union scare tactic, she says, with one store manager privately telling her, “You’re here for the gender-affirming surgeries and I’m worried about you [losing that benefit and] becoming the minority [in contract negotiations], because ultimately the union decides.”

An emailed statement from Starbucks to In These Times said that the company would “bargain in good faith” but could make no “guarantees about any benefits,” asserting that “even if we were to offer a certain benefit at the bargaining table, a union could decide to exchange it for something else.” 

Losing a benefit because of your union is extremely unlikely. As Katie Barrows, president of the Nonprofit Professional Employees Union, explains: “Employees form unions to improve their workplaces. Additionally, when employees organize, they are the union, which means they negotiate and vote to approve their union contract—union members are not going to vote for a contract that leaves them worse off.… I’ve only seen union contracts drastically improve workers’ pay, benefits and working conditions.” 

Before Doran could get the surgery, however, she lost the health coverage anyway. She and two other outspoken union supporters, Michael Vestigo and Alydia Claypool, were fired in the same week. The store accused Doran of stealing money; she denies the charge and believes the three were targeted as retaliation.

As a union organizing wave has pulled in more than 300 Starbucks stores so far, workers have alleged egregious union-busting tactics by the company, including intimidation, retaliatory firings and scheduling reductions. Interim CEO Howard Schultz announced in April that a new benefits expansion will exclude union stores.

In at least one other store, as reported in Bloomberg and Them, managers specifically threatened that unionizing could jeopardize health benefits for trans employees. These alleged threats prompted Workers United to file unfair labor practice charges against Starbucks with the National Labor Relations Board (NLRB), on behalf of employees at Doran’s store and an Oklahoma City location.

Doran says her firing represents how gender-affirming healthcare can be used as a cudgel against unionization efforts. Retaliatory store closures or firings can especially hurt trans employees who rely on hard-to-find benefits. 

Doran and her coworkers publicly announced their union campaign in January and held a walk out and strike in March to protest unfair working conditions. At one point, Doran says, managers tried to throw employees off the grounds of a local hotel where they’d been called for a mandatory anti-union meeting. When a group of workers gathered outside after the meeting, Doran says, a Starbucks manager told them, “You all need to go,” and then complained to the hotel front desk, who said the police had been called.

Doran, Vestigo and Claypool all made pro-union statements in the media, and all were terminated in April. The NLRB filed a complaint against Starbucks in May, alleging the firings were retaliatory, and Claypool has since been reinstated. 

The union ballots came back a week after the three were fired. The vote was 6–1 in favor of a union, adding Overland Park to the more than 200 Starbucks locations that have unionized so far this year.

Transgender people are unemployed at a rate three times higher than the national average, according to a 2015 National Center for Transgender Equality study, and face a greater risk of underemployment and poverty than other workers. They are subject to higher rates of hiring bias, on-the job discrimination and firings, greater wage inequity and unequal access to healthcare.

While Starbucks’ 2018 rollout of transgender health benefits was celebrated by LGBTQ advocates and media platforms, some workers at individual stores have reported trans-discriminatory practices. In 2018, Maddie Wade, a transgender employee, sued Starbucks for discrimination, alleging her manager repeatedly misgendered her. In a 2020 survey by hospitality union Unite Here of workers at airport Starbucks stores, which are run by a subcontractor, at least four employees reported discrimination such as “offensive and transphobic comments from managers.” A 2020 BuzzFeed story details three workers at different Starbucks stores being outed, hitting snags accessing gender-affirming benefits and being deadnamed. 

“Starbucks will posture that they care about queer people,” says Doran, “and they will posture that they care about any minority group, but the second you try to have a democratic workplace or speak up for yourself or don’t let them bully you—suddenly you’re public enemy number one, and they completely shut you out.” 

This blog is printed with permission.

About the Author: Author’s name is Zane McNeill. Zane is the founder of Roots DEI Consulting and Policy and is comanager of the labor rights group Rights for Animal Rights Advocates.


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In massive win for equality, Supreme Court rules no one can be fired for being gay or transgender

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In a stunning 6-3 decision written by Justice Neil Gorsuch (!), the Supreme Court has ruled that LGBTQ people cannot be discriminated against on the basis of their sexual orientation or gender identity. It is now against the law to be fired from your job for being LGBTQ. Gorsuch wrote the majority opinion, with Chief Justice John Roberts joining: “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” he wrote. “Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

Title VII bars discrimination on the basis of “race, color, national origin, sex, and religion,” but the original statute did not define what “sex” meant. The Trump administration argued that the original intent of the drafters of the Civil Rights Act of 1964 would not have included LGBTQ workers, but was focused specifically on women and meant only cis women. Gorsuch doesn’t let them pass it off that way—he acts like an actual textualist. “Only the written word is the law,” he wrote, “and all persons are entitled to its benefit.”

This blog originally appeared at Daily Kos on June 15, 2020. Reprinted with permission.

About the Author: Joan McCarter is a Senior Political Writer for Daily Kos.


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Don’t Leave Equality To The Supreme Court

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Are you a woman? Imagine if you were fired for wearing a skirt to work.

Are you a man? Imagine getting fired for not wearing a skirt to work.

This sounds ridiculous, right? It sounds unfair. But for many Americans, it’s a reality we must face every day.

Take the case of Aimee Stephens, a Detroit funeral home employee. Aimee is transgender, a woman assigned male sex at birth.

For most of her career, she went undercover, wearing men’s clothing every day and pretending to be a man. When she finally told her boss that she was in fact a woman and would like to start wearing work-appropriate women’s clothing, she was fired.

In 29 states, there are no protections against workplace discrimination of this sort for transgender people like me. If I lived in Michigan like Aimee, my employer could fire me at will, just because I’m transgender. (In fact, I could also be denied housing, credit, or public accommodations.)

Facing this injustice, Aimee Stephens sued. Her case against her employer has now made it all the way to the Supreme Court.

The court will decide whether firing someone because they’re transgender constitutes discrimination “on the basis of sex,” which would be illegal under the Civil Rights Act. If they rule in favor of Stephens, transgender Americans would finally be afforded the same protections that everyone else has as a right.

The Trump administration has argued that the Civil Rights Act doesn’t protect people on the basis of sexual orientation or gender identity. But advocates have countered that it does apply, since discrimination along these lines punishes people who defy stereotypes attached to their assigned sex.

Whatever the court decides, there’s no disputing that transgender people in the United States face alarmingly high rates of unemployment and poverty. In fact, we’re twice as likely to live in poverty as the general population, and 30 percent of us have experienced homelessness at some point.

Against this backdrop, housing and employment discrimination are an added devastation — and in all likelihood part of the reason these numbers are so high in the first place.

So it’s no exaggeration to say the Supreme Court’s ruling will have a drastic material impact on the millions of transgender people living in the United States. Allowing this discrimination to continue will threaten many more with unemployment and economic hardship.

With the court’s current right-wing majority, that’s a real danger. But Congress could address it by explicitly legislating anti-discrimination protections — for the workplace, housing, credit, and everything else — for this vulnerable group.

In fact, the House of Representatives has already passed the Equality Act, which would clearly codify the inclusion of gay, lesbian, transgender, and non-binary people in Title VII of the 1964 Civil Rights Act. However, the GOP-controlled Senate has refused to consider it.

Without this legislation, the rights of millions of Americans like me are at the mercy of this Supreme Court.

No matter how the court rules, it’s the responsibility of Congress to ensure that “freedom and justice for all” includes transgender Americans, too. We need laws to prevent people like Aimee Stephens from losing their livelihoods due to employer prejudice.

We’re supposed to be a free country. We’re supposed to be an equal country. It’s time to make it that way.

This article was originally published at Daily Kos on October 10, 2019. Reprinted with permission.

About the Author: Theo Wuest is a Next Leader at the Institute for Policy Studies. This op-ed was distributed by OtherWords.org.

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Transgender guidance disappears from Office of Personnel Management website

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Under President Obama, the Office of Personnel Management (OPM), which oversees all federal employees, issued detailed guidance protecting transgender people in the workforce. As of Friday, that guidance has disappeared and been replaced by generic language with no content specific to transgender people.

The previous “Gender Identity Guidance” page, which was still live as of earlier this week, laid out definitions for terms related to transgender identities, and outlined specific expectations for respecting transgender employees. These included ensuring that trans workers could dress according to their gender identity, that they were called by their preferred names and pronouns, and that they were allowed to use restrooms and locker rooms consistent with their gender identity.

“Transitioning employees should not be required to have undergone or to provide proof of any particular medical procedure (including gender reassignment surgery) in order to have access to facilities designated for use by a particular gender,” the guidance stated. “Under no circumstances may an agency require an employee to use facilities that are unsanitary, potentially unsafe for the employee, located at an unreasonable distance from the employee’s work station, or that are inconsistent with the employee’s gender identity.”

On the new site, that language and any reference to transgender people is now gone, although the page does still state that discrimination on the basis of gender identity is prohibited — consistent with an executive order President Obama issued that is still in effect.

Gone, however, are the detailed definitions for the terms “gender identity,” “transgender,” “gender non-conforming,” and “transition.” Specific references to confidentiality related to transitioning have been replaced with generic language about medical privacy. The page’s dress code language no longer provides reassurances that employees will be allowed to dress consistent with their gender identity.

Before:

After:

Two vital sections have been erased without a trace: both the section on respecting employees’ names and pronouns and the section addressing access to “sanitary and related facilities.” There is no longer any guidance whatsoever to ensure that trans people are respected according to their gender identity in the federal government. Should a manager have questions about how to respond when an employee comes out as transgender, they will find no answers on OPM’s page.

The changes to the page came without any announcement or notice.

From the beginning of the Trump administration, federal agencies have increasingly erased content related to LGBTQ people or gender more broadly. The day after President Trump’s inauguration, the White House website discarded its page dedicated to LGBTQ rights and the Labor Department also removed a report on LGBTQ workers’ rights.

A few months later, questions that would help identify LGBTQ people in data collection were erased from two important national surveys. This past July, the Department of Health and Human Services removed language on sex discrimination from its website, and in October, it scrapped “gender” from its civil rights page. Recent reports have even suggested that the administration is trying to remove references to “gender” in United Nations documents.

While these unannounced website changes have been somewhat inconspicuous, the administration’s opposition to trans rights has been anything but subtle. A memo leaked in October laid out the administration’s plans to completely erase trans people from any recognition under any agency of the federal government. People would be defined solely by the sex they were assigned at birth, subject to genetic testing.

This article was originally published at ThinkProgress on November 23, 2018. Reprinted with permission.

About the Author: Zack Ford is the LGBTQ Editor at ThinkProgress.org, where he has covered issues related to marriage equality, transgender rights, education, and “religious freedom,” in additional to daily political news. In 2014, The Advocate named Zack one of its “40 under 40” in LGBT media, describing him as “one of the most influential journalists online.”


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Trump’s transgender military ban met with backlash

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President Donald Trump signed a long-awaited directive Friday evening that bans transgender people from enlisting in the U.S. military and bans the Department of Defense from providing military treatment to current transgender service members. The directive follows an announcement Trump made on Twitter last month, blindsiding the defense secretary and the public more broadly — and like last time, there Trump was met with a wave of backlash.

A draft of this memorandum was reported on Wednesday, and there has been widespread criticism from trans activists, lawmakers, and current and former members of the military over the last few days.

“When I was bleeding to death in my Black Hawk helicopter after I was shot down, I didn’t care if the American troops risking their lives to save me were gay, straight, transgender, black, white, or brown,” Sen. Tammy Duckwork (D-IL) said in a statement on Wednesday.

“It would be a step in the wrong direction to force currently serving transgender individuals to leave the military solely on the basis of their gender identity rather than medical and readiness standards that should always be at the heart of Department of Defense personnel policy,” Sen. John McCain (R-AZ) also said in a statement on Wednesday. “The Pentagon’s ongoing study on this issue should be completed before any decisions are made with regard to accession. The Senate Armed Services Committee will continue to conduct oversight on this important issue.”

Chase Strangio, a staff attorney at the American Civil Liberties Union (ACLU), shared an essay from his brother on the ban. “This is not about politics,” he wrote. “This is not about military readiness or cost. This is a calculated decision to discriminate against an already vulnerable group of people, one that will have devastating effects for countless Americans.”

Chelsea Manning, perhaps the military’s most famous trans service member, said Trump was “normalizing hate” and questioned its timing.

Defense Secretary Jim Mattis will have wide discretion on whether transgender service members can continue to serve, and he has six months to develop a plan to implement Trump’s memorandum.

As ThinkProgress reported last month, Trump’s decision to ban transgender service members from the military was about electoral politics, using transgender people as pawns after congressional infighting over funding for a wall along the U.S.-Mexico border. The military currently spends ten times more on erectile dysfunction as it would on transgender medical care.

This article was originally published at ThinkProgress on August 26, 2017. Reprinted with permission.

About the Authors: Amanda Michelle Gomez is a health policy reporter at ThinkProgress. Adrienne Mahsa Varkiani is a Senior Editor at ThinkProgress. Before joining the team at ThinkProgress, she served as an editor at Muftah Magazine and worked in the Iranian American community. Varkiani received her master of science in international relations from the London School of Economics and Political Science and her bachelor’s degree in international studies from American University in Washington, D.C.


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Defense secretary reveals the trans military ban is in limbo

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Secretary of Defense James Mattis sent some mixed messages Monday when he stopped by the Pentagon newsroom to discuss President Trump’s intended ban on transgender personnel in the military—which the president announced via Twitter. At best, the proposal remains in limbo and is still being studied; at worst, it’s inevitably still coming.

The key takeaway Mattis revealed is that Trump has yet to actually issue anything other than a few tweets and public comments. “I am waiting right now to get the President’s guidance in and that I expect to be very soon,” he explained.

In the meantime, the military is continuing to study the issue, consistent with what Mattis announced when he agreed to delay the implementation of transgender recruitment by six months. The change to recruitment policy was initially set to take place July 1.”The policy is going to address whether or not transgenders [sic] can serve under what conditions, what medical support they require, how much time would they be perhaps non-deployable leaving others to pick up their share of everything,” Mattis said. “There’s a host of issues and I’m learning more about this than I ever thought I would and it’s obviously very complex to include the privacy issues which we respect.” The reference to “privacy” is not a good sign: it’s a talking point deployed by opponents of transgender equality.

Mattis seemed dismissive of the research that had already been done before his predecessor, Ash Carter, announced last summer that the ban on trans military service would be lifted—including a massive study by the RAND Corporation, one of the most respected military think tanks. “I’m not willing to sign up for the [Rand Corp.] numbers you just used, and I’m not willing to sign up for the concern any of [the transgender service members] have,” the secretary said. “And I’m not willing to prejudge what the study will now bring out.”

Mattis also noted that the decision has been impacted by the lack of political appointees overseeing personnel issues at the Pentagon. He wants to “get them in to be able to answer those questions” before the ban is implemented.

The secretary stood by comments made by General Joseph Dunford, Chairman of the Joint Chiefs, who said that nothing would change until Trump actually issued guidance, and “in the meantime, we will continue to treat all of our personnel with respect.” Mattis also said that his people were advising the White House, “but they write their own policy, of course.”

Besides his tweets, the only other comment Trump has made was at a press gaggle last week when he said that he’s doing the military “a great favor” by just implementing the ban and avoiding a “very complicated” and “very confusing” issue.

Asked about the haphazard way Trump announced the policy, Mattis defended the president. “You all elected—the American people elected—the commander-in-chief,” he said. “They didn’t elect me. So the commander-in-chief in our country, in our system of government, is elected by the people, and he has that authority and responsibility.”

In the meantime, thousands of transgender personnel, who are already serving and have not disrupted the readiness of the military, await news about the fate of their careers.

This article originally appeared at ThinkProgress on August 15, 2017. Reprinted with permission.

About the Author: Zack Ford is the LGBTQ Editor at ThinkProgress.org, where he has covered issues related to marriage equality, transgender rights, education, and “religious freedom,” in additional to daily political news. In 2014, The Advocate named Zack one of its “40 under 40” in LGBT media, describing him as “one of the most influential journalists online.” He has a passion for education, having received a Bachelor’s in Music Education at Ithaca College and a Master’s in Higher Education at Iowa State University, and he relishes opportunities to return to classroom settings to discuss social justice issues with students.


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The Advocate: North Carolina’s Transgender Discrimination Bill Hurts Everyone

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Kenneth-Quinnell_smallThe Advocate has a piece by Catalina Velasquez, director of People For the American Way Foundation’s “Young People For” program, that explains why the recently passed transgender discrimination law in North Carolina hurts everyone, not just the direct targets of the legislation.

An excerpt:

The recent passage of House Bill 2, the North Carolina law that includes a provision preventing trans people from using the bathroom that matches their gender identity, has been met with an avalanche of protest. So far the conversation has largely centered on the devastating effect the law has on transgender North Carolinians—and rightfully so. Based on zero evidence, legislators framed trans people as predators, a smear that protects no one while harming many. One transgender woman in Greensboro, N.C., told PBS, “Being out in public now, I feel like I might have a target on me.”

A suicide prevention hotline serving transgender people reports that the number of calls has doubled since H.B. 2 became law. There’s no question that this shameful law targets trans people, and it’s impossible to overstate the harm of that dehumanization. But what has been largely missing from the discussion are the ways in which this is also about disability justice, about economic justice, about families and much more. Quite simply, this fight affects everyone.

Read the full article.

 

This blog originally appeared at aflcio.org on June 10, 2016. Reprinted with permission.

Kenneth Quinnell: I am a long-time blogger, campaign staffer and political activist.  Before joining the AFL-CIO in 2012, I worked as labor reporter for the blog Crooks and Liars.  Previous experience includes Communications Director for the Darcy Burner for Congress Campaign and New Media Director for the Kendrick Meek for Senate Campaign, founding and serving as the primary author for the influential state blog Florida Progressive Coalition and more than 10 years as a college instructor teaching political science and American History.  My writings have also appeared on Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.  I am the proud father of three future progressive activists, an accomplished rapper and karaoke enthusiast.


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‘Harsh Reality’ of Workplaces for Transgender Americans Examined in New Report

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seiu-org-logoTransgender workers are up against alarming inequities in the American workplace today–facing difficulty finding and keeping good jobs, accessing benefits and obtaining health insurance, according to a new report from the Movement Advancement Project (MAP), the National Center for Transgender Equity (NCTE), the Center for American Progress (CAP) and the Human Rights Campaign (HRC), all SEIU partner organizations.

The study, “A Broken Bargain for Transgender Workers,”notes that transgender workers report unemployment at twice the rate of the population as a whole (14 percent versus 7 percent); nearly half of transgender people who are working are underemployed; and transgender workers are nearly four times more likely than the population as a whole to have a household income of under $10,000.

Examples of transgender discrimination range from wage disparities and the inability to update identity documents to denial of promotions and unfair firing.

“Workplace fairness means more than freedom from harassment; it means equal access to the benefits that transgender employees need to live healthy and productive lives,” said Winnie Stachelberg, executive vice president of external affairs at CAP.

“This new report underscores the harsh reality of what it means to live and work as a transgender person in this country,” said Mara Keisling, executive director of NCTE.
Read the report (PDF) or learn more.

SEIU members at the union’s 25th Convention in Denver last year unanimously approved a resolution calling on local unions to bargain for trans-inclusive health care.

Other partners supporting the report are Freedom to Work, the National Gay and Lesbian Task Force and Out and Equal Workplace Advocates.

This article was originally printed on SEIU on September 6, 2013.  Reprinted with permission.

Author: Beau Boughamer for SEIU.


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