246). As amended, the Act also prohibits discrimination on the basis of national origin (Condrey, 2005)
C., ruled in favor of Schroer, holding that the transgendered individual had clearly experienced discrimination based on a violation of Title VII of the Civil Rights Act (Christensen, 2008)
The proponents of the Employment Non-Discrimination Act have been pressuring lawmakers in Congress and there are indications from the White House that efforts are being made to implement protections when and where they can be made until the ENDA becomes law. For instance, Johnson points out that, "President Obama is facing calls to issue an executive order barring federal dollars from going to contractors that don't have non-discrimination protections for [these] workers" (Johnson, 2011, para
Therefore, a case study analysis of relevant cases in this area can help identify what types of workplace environments constitute violations of the controlling legislation as discussed further below. Case Study and Analysis There is a growing body of research that confirms transgender individuals frequently encounter some type of discrimination at some point during the employment process (Kelly, 2010)
ENDA came within a single vote of passage in 1996 in the Senate. Over a decade of generational turnover favorable to gays and lesbians has occurred since the Senate voted" (Mucciaroni, 2008, p
The final sections provide a discussion of these issues and recommendations for practitioners. Table of Contents Introduction History of the Law Issue Synopsis Background and Significance Procedures: Current enforcement methodologies Results: Case analysis and study Discussion -- overall assessment of law or regulations Recommendations Introduction The word transgender is an umbrella term that includes individuals whose gender identity and expression (in other words, their internal and external sense of being female, male, or neither) is not aligned with their anatomical sex (in other words, the anatomical composition of their XX and XY chromosomes) that are naturally assigned to them at birth (Singh, Hays & Watson, 2011)
Issue Synopsis In essence, Title VII is intended to address institutionalized discriminatory practices and provide an equitable human resource environment in which candidates and employees receive equal opportunity. In this regard, Title VII of the Civil Rights Act of 1964 was developed to, "Remove artificial, arbitrary and unnecessary barriers when such impediments operate invidiously to discriminate against individuals" (Schneid, 2011, p
In addition, the Act "prohibits discrimination against men because they are men and against women because they are women. This familiar characterization of the Act has been quoted in dozens of sex discrimination cases to support a narrow view of who is protected against sex discrimination in this country" (Storrow, 2002, p
S. Constitution with respect to the federal government and, since 1914, under the Fourteenth Amendment as applied to the states through the Due Process Clause of the Fifth Amendment to the Constitution (Friedman 2005)
Typically, these procedures are preceded by extensive psychological screening as well as long-term hormone treatment prior to any surgical procedures. Whereas previously, transgender identity was considered to represent manifestations of pathological psychological issues, the modern understanding in the medical and psychological community is that its roots are largely biological rather than psychological or psychosocial abnormality (Gerrig & Zimbardo 2005)
However, in much the same way that homosexuals have endured ridicule, abuse, and harassment from coworkers, transgender individuals have also been subjected to negative comments by coworkers and to unjustified disparate treatment by supervisors and administrators. Typical examples include workers with superior work records being demoted and fired after disclosing their transgenderism (ACLU 2006), employment offers rescinded after disclosure (ACLU 2006), and patterns of harassment by coworkers tolerated by management (Koch & Bales 2002)
As a result, allegations of employment discrimination are adjudicated differently in all 50 states (Koch & Bales 2002), ranging from full protection in some states to no protection at all in others, or presently, under federal law absent some concurrent legal basis for recovery (Koch & Bales 2008). Various federal agencies have included anti-discrimination policies for the benefit of transgender individuals (Wells 2003), but other than voluntary recognition of this nature, many aggrieved transgender employees and job applicants have no viable legal resource for employment discrimination predicated upon their transgender orientation
What is more, many academics that are involved in research that may be of beneficial use to both educators and LGBT students find their work to be stigmatized as a result of the attack on "political correctness" by both the right wing and anti-intellectual leftists. More recent research has shown that, while some states have taken steps to instill legislation to protect LGBT students from harassment and bullying on the basis of their gender or sexual orientation, school systems across the nation continue to take steps to insure that LGBT-related issues are banned from the curriculum (Kosciw and Diaz 2005)
In some school systems, it is illegal for teachers or any other school employees to speak openly about their own LGBT orientation. This is all the more remarkable, when nearly half the adult population has reportedly engaged in both homosexual and heterosexual activities (Sears 1991)
Up to thirty percent of all teenage suicides are believed to be LGBT. A third of all LGBT teenagers claim to have attempted suicide (Sedgwick 1993)
Some of these methods have proven to be self-destructive, however. For example, a common means of coping for gay and lesbian students is to pretend to be heterosexual through dating members of the opposite sex or even joining in with their peers' homophobic remarks and behavior (Smith 2007)
When LGBT students are not doing violence to themselves, they often become the target of attacks of others in their peer group. Homophobic jokes, remarks, and attacks are common (Van de Ven 1995)
Such "passing" can also hinder the development of a student's social skills. Finally, LGBT students hinder the growth of peer relationships by pretending to be something they are not (Zera 1992)
), and have long-term psychological and emotional problems. (Almeida et al
Because the population of transgender employees is typically low based on the results of prior research (Swan & Mazur, 2002) the researcher intends to elicit a peer-based review to ensure the information gathered and conclusions made are valid and sustainable should anyone follow up on the proposed dissertation. The following dependent variables are proposed by the researcher based on information gathered from the previous research: marital status (Swan & Mazur, 2002), feelings, socioeconomic status (ACPA, 1995; Sanlo, 1998), self-esteem (Armino, 1993), and birth gender