While the U.S. Department of Justice filed a brief to the Supreme Court this week arguing that Title VII’s workplace discrimination protections do not extend explicitly to transgender or transitioning workers, the Equal Employment Opportunity Commission’s Acting Chair Victoria Lipnic said the agency has no plans to stop enforcing the law based on its more inclusive interpretation. Lipnic conceded that the EEOC will likely have new leadership in the future and acknowledged that the Supreme Court may take up the issue soon. Still, she said that “[t]he EEOC has not relented and not retracted.” In the past five years, the agency has recovered more than $6 million from employers who faced claims of discrimination on the basis of sexual orientation and gender identity.
Julianne Tveten at In These Times writes that one way to defend transgender people from the Trump administration’s attacks on their rights is labor unions. Tveten explains that union contracts can include protections such as anti-discrimination protections, gender-neutral bathroom access, and transgender inclusive health care coverage. Because these provisions are enforceable even in the absence of statutory or regulatory protections, workplace contracts “countering the federal government’s potential erasure of transgender and non-binary people have taken on a new level of urgency.” Jerame Davis, executive director of the AFL-CIO’s LGBTQ constituency group Pride at Work, emphasized that workers and their representatives need to fight for these protections in order to secure them in print. A 2015 survey by the National Center for Transgender Equality found that 15 percent of transgender workers surveyed were members of a union or were represented by one, slightly higher than the 11 percent of Americans now belonging to unions overall.
The National Education Association, the country’s largest labor union and one of its major teachers unions, reported that more than 1,400 candidates for elected office on November 6 are former or current education employees. Over 1,000 of those candidates are Democrats. With so many teachers appearing on the ballot, education workers now comprise 19 percent of the Democratic Party’s candidates in this year’s state elections. Union leadership and candidates credit this year’s wave of teachers strikes as a mobilizing and educational experience that inspired teachers to run. One Oklahoma teacher recently told New York Magazine that the teachers walkout in her state convinced her to change her ballot from red to blue.
The Wall Street Journal explains that the #MeToo movement has resulted in no discernible change in the promotion of women in corporate America. While the rate of unemployment among women in the labor force is at a low of 3.3 percent, the percentage of women in leadership has stalled. This year’s Women in the Workplace survey from LeanIn.org and McKinsey & Co. found that women still only account for 20 percent of senior leadership in the private sector, with women of color making up only 4 percent.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]
November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.