poetics, time, body disruption and marginally queer solutions

Tuesday, October 12, 2004

First pro-trans decision in the United States IGLHRC
Human Rights Spanish Network

The Civil Rights Law of 1964 and the Equal Protection Clause of amendment XIV prohibits employment discrimination against transsexuals. The U.S. Third Court of Appeals for the sixth Circuit, which covers Kentucky, Michigan and Ohio , recently defined this. Legal background Federal Courts of Appeals for different circuits are – after the United States Supreme Court – the highest Federal authority regarding federal legal cases. In addition, either federal civil rights laws or Michigan 's civil rights laws include discrimination due to gender identity or expression, which is the one that affects the transgendered community. Likewise, the Civil Rights Law of 1962 is a law that deals with sexual employment discrimination and it is applicable for the State as well as for private employers. Lastly, the Equal Protection Clause of amendment XIV of the US Constitution is used in cases where a group of people has been discriminated by the government. After effects If this decision holds up in future appeals, it could result in the useless efforts by transgendered rights activists that want gender identity to be included in the Employment Non Discrimination Act, which has Federal coverage and is still pending approval. The Civil Rights Law of 1962 gives more protection than ENDA, which demands that an employer have a certain minimum number of employees to be reached under their instructions and that allows employers to use religion as a defense if they are accused of discrimination.


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