Does Saks Fifth Avenue Has Legal Right To Discriminate Against Transgenders?

CLICK HERE TO FOLLOW ME ON TWITTER! 

Saks Fifth Avenue Has Legal Right To Discriminate Against Transgender?

Can they discriminate against Racial Minorities too??

Via Slate reports: In December 2014, Saks Fifth Avenue responded to a sex discrimination lawsuit filed by Leyth O. Jamal, a former employee at a Saks store in Texas who claims she was harassed, then fired, for being a trans woman. Saks could have fought Jamal’s suit by insisting that her claims of harassment are false, or that she was terminated for reasons unrelated to her gender. But instead, Saks has claimed that it has a legal right to discriminate against trans employees based on their trans status.

This tactic is quite odd, for two reasons. First, it is morally repulsive. Saks misgenders Jamal throughout its filings, referring to her as “he” and “him.” Even worse, when Saks quotes Jamal’s own complaint, it adds a stinging “[sic]” after every reference to Jamal as female, as if to assert that Jamal’s identification as a woman is factually incorrect. Saks, then, not only appears to condone discrimination against trans people; it also seems to refuse to accept the validity of a trans identity at all.

But Saks’ trans-bashing legal strategy is bizarre for a second, more important reason: It’s legally untenable. Saks claims flatly that “it is well settled that transsexuals are not protected by Title VII” of the Civil Rights Act of 1964. This is, quite simply, untrue. Although the Supreme Court has not yet ruled that Title VII’s ban on sex discrimination covers gender identity, it has concluded that irrational sex stereotyping may qualify as discrimination “based on sex.” Following this judgment, several appeals courts have concluded that sex stereotyping includes trans discrimination and expanded Title VII’s protections to trans employees. Moreover, the Equal Employment Opportunity Commission ruled unequivocally in 2012 that Title VII forbids anti-trans discrimination—and while the EEOC’s rulings aren’t binding on courts, they’re generally afforded significant deference. Finally, the Justice Department itself interprets Title VII to cover “transgender status [and] gender identity.”

Given these developments, it’s just plain wrong to claim, as Saks does, that “it is well settled” that Title VII does not protect trans people. If anything, the opposite is true: It is increasingly well settled that Title VII does protect trans people. Even if Saks disputes that proposition, it should at least grapple with it, explaining why two federal appeals courts, the EEOC, and the Justice Department are wrong. Instead, Saks ignores the issue completely, disregarding an overflowing bucket of case law in order to assert, rather callously, that it has every legal right to harass and fire trans employees, at least in the state of Texas.

Do you think Saks should be able to discriminate trans people because they are not protected bu Title VII?

He may be the NFL’s first Openly Gay Player and YES He’s BLACK!

CLICK HERE TO FOLLOW ME ON TWITTER! 

Missouri Football Star Michael Sam Says He's Gay, May Be First Out NFL Player:

University of Missouri defensive lineman Michael Sam has come out of the closet in an interview with the NYT:

Coaches at the University of Missouri divided players into small groups at a preseason football practice last year for a team-building exercise. One by one, players were asked to talk about themselves — where they grew up, why they chose Missouri and what others might not know about them.

As Michael Sam, a defensive lineman, began to speak, he balled up a piece of paper in his hands. “I’m gay,” he said. With that, Mr. Sam set himself on a path to become the first publicly gay player in the National Football League.

“I looked in their eyes, and they just started shaking their heads — like, finally, he came out,” Mr. Sam said Sunday in an interview with The New York Times, the first time he spoke publicly about his sexual orientation.

Sam, who was named a first-team all-American and the defensive player of the year in the Southeastern Conference, as well as Missouri's MVP (as voted by the players) will likely become the first openly gay player in the NFL. He is eligible for the draft in May.

Sam also gave an interview to ESPN. Said Sam to ESPN:

"I knew from a young age that I was attracted to guys. I didn't know if it was a phase ... I didn't want to say, 'Hey, I might be gay. I might be bi.' I just didn't know ... I wanted to find who I was and make sure I knew what was comfortable. So I didn't tell anyone growing up. I endured so much in my past: seeing my older brother killed from a gunshot wound, not knowing that my oldest sister died when she was a baby and I never got the chance to meet her. My second oldest brother went missing in 1998, and me and my little sister were the last ones to see him ... my other two brothers have been in and out of jail since 8th grade, currently both in jail...Telling the world I'm gay is nothing compared to that."

"I just want to go to the team who drafts me," he said, "because that team knows about me, knows that I'm gay, and also knows that I work hard. That's the team I want to go to."

He added:

"I told my mom and dad last week, and they just pretty much said, 'We knew and we love you and support you.' I'm their baby boy. I'm the first to go to college. I'm the first to graduate college. Something like this is just another milestone...And I love my hometown. I think when this story breaks, I think they're just going to love me even more for who I am."

Watch his interviews with NYT 

The NFL released a statement:

"We admire Michael Sam's honesty and courage. Michael is a football player. Any player with ability and determination can succeed in the NFL. We look forward to welcoming and supporting Michael Sam in 2014."

Outsports has a behind-the-scenes story on how Sam came out:

Saturday afternoon, I sat with Sam and grilled him in a practice interview at Bragman's house. The next day he would be sitting down with ESPN and The New York Times. Bragman, Weiss and Barkett were the audience, critiquing Sam on his answers. When the topic was football he knew what to say, sharing playing experiences and his love of defense (he'd rather be the one hitting than being hit). When asked about his childhood, he opened up sharing intimate details about enduring abuse from his brothers, experiencing the pain of losing three siblings, and finding solace in football. He is the first person in his family to graduate from college. When questions turned to gay issues in that mock interview, Sam worked through the answers.

Saturday night, Bragman held a coming out party for Sam at his home in Los Angeles. It was a powerful collection of guests. Dave Kopay, the gay former NFL running back who blazed a trail when he came out publicly in 1975, was in high spirits. Former NFL players Chris Kluwe, Brendon Ayanbedajo and Wade Davis, plus former Major Leaguer Billy Bean — the former San Diego Padre who came out over a decade ago — had come to lend their support. Outsports' Jim Buzinski and I were also in attendance. GOOD FOR HIM!

Laverne Cox ” I AM” Campaign for Trans-Awareness Week.

CLICK HERE TO FOLLOW ME ON TWITTER!

Laverne Cox ” I AM” campaign for TransAwareness Week

This week marks Trans Awareness Week, a time devoted to raising visibility of trans people and the issues affecting their lives. GLAAD just released four new videos that are part of the "I AM: Trans People Speak" video series launched by the Massachusetts Transgender Political Coalition.

Here's Laverne Cox's video.

She says” "After I transitioned, I had this fantasy that I would take hormones for a few years and then 'blend in' effortlessly," says Cox. "There are [many] trans women who do that and that is sometimes presented as the goal. When I realized that I wasn't 'blending in' effortlessly, I had to re-evaluate things. Then I thought it was time to 'own' [being] transgender."

It also includes New York Times bestseller Professor Jennifer Finney Boylan,Transgender Legal Defense and Education Fund (TLDEF) attorney Noah Lewis, and performance poet Kit Yan.

The campaign aims to spotlight the stories of transgender Americans and their allies in an effort to educate the public about transgender issues, as well as speak to transgender youth and adults. The videos’ release coincides with Transgender Awareness Week, a national campaign to raise visibility and awareness of transgender people and issues, Nov. 12 – 20.

“The stories of everyday transgender Americans remain relatively unheard in both national and LGBT media,” said GLAAD President Herndon Graddick. “These stories will not only empower members of the transgender community who rarely see relatable stories, but also educate Americans everywhere about the fact that the community is a valuable part of the fabric of our culture. The campaign will also shine a light on the high level of discrimination that our transgender friends, family and neighbors continue to face in schools, the workplace and in their own communities.”

“By providing a place for transgender people, family members and our allies to share their stories, we hope to empower our community and the general public to advocate for transgender equality and move the culture towards acceptance of transgender youth and adults, said Gunner Scott, executive director of MTPC. “With GLAAD’s leadership on this project, we will be educating the public and be a resource to the mainstream media about the reality of transgender peoples’ lives and the unique challenges they face due to pervasive bias, stereotypes and misunderstanding.”

Transgender Awareness Week culminates with the Transgender Day of Remembrance (TDOR) Nov. 20. TDOR is an annual observance that honors the memory of those whose lives were lost in acts of anti-transgender violence.