Despite major gains in LGBT civil rights, our fundamental right to fairness in the workplace is precarious. Gender, race, ethnicity, sexual orientation, gender identity, and HIV status are all used to demote, deny, and even fire perfectly capable and qualified employees. In 33 states, it is legal to fire someone based on their actual or perceived sexual orientation, and in 37 states, there are no state laws that protect those who are fired based on their gender identity. Through NCLR’s case work, public advocacy, and public education, we are committed to ending discrimination in employment for all LGBT individuals. Across the states, in private corporations, and in local public jurisdictions, we inform and counsel important cases which lead to the adoption of non-discrimination policies.
news & opinion
Press Release
U.S. House Committee Holds Hearing on Need for Federal Workplace Protections
The Employment Non-Discrimination Act Is Urgently Needed and Long Overdue
09.23.09—Today, the National Center for Lesbian Rights (NCLR) commends the House Education and Labor Committee for holding a hearing on the Employment Non-Discrimination Act of 2009 (ENDA), H.R. 3017. This vital legislation would provide clear federal protection against workplace discrimination on the basis of sexual orientation or gender identity, which are unrelated to job qualifications or work performance. Since 1994, ENDA has been repeatedly introduced in the House and Senate, with each Congress failing to send it to the President.
Press Release
NCLR Attorney Awarded Chicana/Latina Foundation’s 2009 Emerging Leadership Award
09.21.09 —The National Center for Lesbian Rights (NCLR) today announced that Chicana/Latina Foundation will honor NCLR attorney Lisa Cisneros with its 2009 Emerging Leadership Award. The Emerging Leadership Award is presented annually to young leaders committed to social justice and who have demonstrated their commitment with actions and deeds.
Press Release
National Center for Lesbian Rights Files Title IX Retaliation Lawsuit on Behalf of Former Basketball Coaches
Lawsuit alleges gender and sexual orientation discrimination at San Diego Mesa College
07.24.08 — The National Center for Lesbian Rights (NCLR) and the law firms of Boxer & Gerson, LLP and Stock Stephens, LLP filed a lawsuit today in state court in San Diego, California on behalf of Lorri Sulpizio, the former Head Coach of the women’s basketball team at San Diego Mesa College (Mesa), and Cathy Bass, the former Director of Basketball Operations at Mesa. The complaint alleges that, despite Sulpizio’s and Bass’s dedication and demonstrated track record of success leading the women’s basketball program at the community college, Mesa officials unlawfully fired both coaches at the end of the 2007 academic year after they spoke out about the unequal treatment of female athletes and women coaches and following publication in a local paper of an article identifying them as domestic partners.
click here to read the complaint filed on 07.24.08 (pdf)
click here to read Coach Sulpizio's and Coach Bass's bios (pdf)
from the docket
Pending (California)
Sulpizio and Bass v. San Diego Mesa College
Lorri Sulpizio was the Head Women’s Basketball Coach at San Diego Mesa College (Mesa), and her domestic partner, Cathy Bass, assisted the team and served as the team’s Director of Basketball Operations for over eight years. Despite Sulpizio’s and Bass’s dedication and demonstrated track record of success leading the women’s basketball program at the community college, Mesa officials unlawfully fired both coaches at the end of the 2007 academic year after Coach Sulpizio repeatedly advocated for equal treatment of female student-athletes and women coaches, and following publication in a local paper of an article identifying Sulpizio and Bass as domestic partners.
Loss (Utah)
Etsitty v. Utah Transit Authority
Despite her spotless employment record, Krystal Etsitty, a transgender woman, was fired from her job as a public bus driver by the Utah Transit Authority (UTA), solely because the UTA feared that members of the public might be offended by Etsitty’s transgender identity.
Loss (Nevada)
Jespersen v. Harrah's Casino
NCLR and the Transgender Law Center filed an amicus brief with the Ninth Circuit supporting Darlene Jespersen, who was fired by Harrah's Casino after she refused to comply with a new policy requiring female employees to adopt a hyper-feminine appearance. Harrah's policy required all women to wear heavy makeup applied in exactly the same way every day, to match a photograph held by the supervisor.
program highlights
Developments in Workplace Protections for LGBT Employees
On September 13, 2008, NCLR Staff Attorney Ilona Turner, Esq. attended the American Bar Association Second Annual CLE Conference on Labor and Employment Law along with other labor and employment lawyers. Ilona presented on a panel entitled “Expanding Concepts of Discrimination: Sex, Sexual Orientation, Sex Stereotyping, Gender Non-Conformity and Transgender Claims.” This panel looked specifically at state and local legislation banning discrimination against LGBT people and how recent expansion of Title VII coverage based on sex stereotyping and gender identity have affected these anti-discrimination policies.
Recently, the employment and labor law landscape has changed in order to include the LGBT community including changes to Title VII coverage, recent same-sex sexual harassment claims, and expanding benefits for LGBT employees. This conference was an excellent opportunity for discussing of LGBT specific issues within employment and labor law, focusing specifically the harmful impact of sex stereotyping and gender identity discrimination. The panel also provided attendees with an in-depth look at the difficulties faced by LGBT individuals in the workplace and what is being done to combat those inequities, especially through litigation.
click here to read Ilona's blog on Today's Workplace
Equal Opportunity for Transgender People
On August 27, 2008, NCLR’s Director of Projects and Managing Attorney Liz Seaton made a presentation on “Equal Opportunity for Transgender People” at the 2008 National Equal Opportunity Professional Development Forum sponsored by the U.S. Department of Labor and held in Crystal City, Virginia. The program covered the basics of transgender issues, and overview of non-discrimination laws, and an interactive discussion about best practices for ensuring fair treatment based on gender identity and expression in at job training centers and workplaces. In attendance were 100 equal opportunity and human resources professionals from around the country who work with Job Corps programs, programs sponsored under the federal Workplace Investment Act, and state and local human rights agencies.
click here for more information on the 2008 National Equal Opportunity Professional Development Forum
NCLR’s Legal Director Gives Historic Testimony before Congress on Need for An Inclusive Employment Non-Discrimination Act
On June 26, 2008, NCLR'S Legal Director Shannon Price Minter was among those who testified before Congress about the devastating and pervasive problem of gender identity discrimination. The hearing on Health, Employment, Labor, and Pensions Subcommittee Hearing was titled "An Examination of Discrimination Against Transgender Americans in the Workplace." This is the first time that a congressional subcommittee has taken up the specific problem of discrimination against transgender Americans, and we are hopeful that this represents a significant step towards a federal solution to this nationwide problem. NCLR firmly believes that the LGBT community needs a unified bill, one that covers both sexual orientation and gender identity discrimination in the next Congress which begins in January, 2009 following the November elections. To see the hearing line-up, watch an archived hearing webcast, or download witness testimony, click here.
click here to read NCLR Executive Director Kate Kendell's blog on the eve of the hearing
The hearing took place approximately a month after the creation of the Congressional LGBT Equality Caucus, co-chaired by Reps. Tammy Baldwin (D-Wis. 2nd) and Barney Frank (D-Mass. 4th) and founded with a bi-partisan membership.
click here to read more about the LGBT caucus from Advocate.com