The U.S. Senate confirmed two Obama nominees to the Equal Employment Opportunity Commission (EEOC) Wednesday that advocates say will be critical in protecting LGBT Americans from workplace discrimination.
The Senate voted 53-43 to reappointment David Lopez as EEOC general counsel and 93-2 to confirm Charlotte Burrows as EEOC commissioner.
The EEOC is tasked with protecting workers against discrimination and has taken strides to protect transgender workers in recent years. In April 2012, the EEOC found in Macy v. Holder that “sex discrimination,” which is prohibited under Title VII of the Civil Rights Act of 1964, includes discrimination against transgender people. This past September the EEOC filed lawsuits in federal courts in Florida and Michigan against companies accused of discriminating against transgender employees.
“Charlotte Burrows and David Lopez have proven that they have the temperament, experience, and judgment to serve on behalf of America’s work force, and understand the need for LGBT Americans to be protected from discrimination in their workplaces,” said David Stacy, Government Affairs Director for the Human Rights Campaign, in a statement. “We congratulate both Charlotte Burrows and David Lopez on their confirmation by the U.S. Senate and look forward to working with them in ensuring all Americans are protected from workplace discrimination based on sexual orientation and gender identity.”
Although Burrows, a former aide to Sen. Ted Kennedy and associate deputy attorney general at the Department of Justice since 2009, was nearly unanimously confirmed, Lopez faced a tougher renomination process. During his confirmation hearing before the Senate Committee on Health, Education, Labor and Pensions last month, Sen. Rand Paul (R-Ky.) tore into Lopez for investigating businesses that have not faced complaints of discrimination. “How can you show up to work with a straight face? I don’t understand how you wouldn’t resign immediately, and say, ‘This is abhorrent,’” Paul said during the hearing.
Lopez was first confirmed by the Senate in Dec. 2010. Both nominees were endorsed by the Leadership Conference on Civil and Human Rights, a coalition of more than 200 national progressive organizations.
According to Tico Almeida, founder and president of Freedom to Work, the confirmations of Lopez and Burrows will prove critical to LGBT workers who face discrimination.
“The EEOC already protects transgender employees across America from discrimination, and someday soon the EEOC may protect gays and lesbians too,” Almeida said in a statement.
The morning of the Senate vote, Freedom to Work pressured six centrist Democratic senators — Mark Begich (Alaska), Heidi Heitkamp (N.D.), Mark Pryor (Ark.), Joe Donnelly (Ind.), Joe Manchin (W.Va.) and Kay Hagan (N.C.) — through a phone-banking operation to confirm Lopez. All six voted to confirm.
“LGBT Americans are better off now that David Lopez has been confirmed to a second term as top litigator for the EEOC,” Almeida continued. “David Lopez initiated historic litigation earlier this year on behalf of transgender employees who were unlawfully fired or treated horribly at work, and during his second term leading the EEOC’s litigation office, we are hopeful that this outstanding lawyer will begin to rack up significant legal victories on behalf of LGBT Americans.”
President Donald Trump used his address to Congress on Tuesday, March 4, to attack transgender individuals, calling transgender identity a "lie" and railing against transgender athletes, gender-affirming care, and trans visibility in the military and more broadly within society.
At one point during the speech, Trump switched from speaking about a child who was diagnosed with cancer to claim his administration was protecting children from "toxic ideologies" in schools.
He brought up the story of January Littlejohn, a Florida anti-transgender activist who sued the Leon County School District in Tallahassee, Flordia, in 2021, alleging that her child's school had discussed restrooms and name change requests with the child, assisting her in "socially transitioning" without informing Littlejohn or her husband of their efforts.
Lawmakers in the Montana House of Representatives defeated two anti-LGBTQ bills last week after the chamber's transgender and nonbinary representatives gave impassioned speeches protesting the measures.
State Rep. Zooey Zephyr (D-Missoula), the legislature's first out transgender representative, spoke out against House Bill 675, sponsored by Rep. Caleb Hinkle (R-Belgrade), which sought to ban drag performances and Pride parades in Montana.
Hinkle previously sponsored a ban on public performances of a "sexual nature" that was specifically intended to target drag shows and Drag Queen Story Hour-type events (even if they do not contain sexually explicit content).
A federal judge issued a nationwide order blocking a pair of executive orders from President Donald Trump seeking to criminalize the provision of gender-affirming health care to transgender youth.
U.S. District Judge Brendan Hurson, of the District of Maryland, granted a preliminary injunction to the families of several transgender young adults and adolescents whose access to gender-affirming care was disrupted by Trump's orders. Those families are joined by the pro-LGBTQ advocacy group PFLAG National and GLMA, the country's largest organization of LGBTQ and allied health professionals.
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