Gay Rights

This is Why We Need an Employment Non-Discrimination Act

Published August 20, 2009 @ 12:06PM PT

Support ENDACandice Metzler's story sums up just why we need an Employment Non-Discrimination Act (ENDA) passed by Congress and signed into law by President Obama.

Who is Candice Metzler?  She's profiled in a Salt Lake City Tribune article today, as is her story which involves being "let go" from a job in the home inspection business after coming out as transgender.  And she's just the latest person in Utah - nay, around the country - to lose their job simply because of gender identity or sexual orientation.

According to the Trib, Metzler wanted to let her colleagues know that she was beginning the transition from male to female, and showed up at a company picnic wearing mascara, eyeliner and white-tipped acrylic nails.  Three months later, the Trib reports, she was homeless and jobless after the company eliminated her position.  The employer said her transgender status was driving customers away.

Currently, there are 38 states that allow transgender people to be fired from their jobs simply on the basis of gender identity.  In 29 states, someone can lose their job because of their sexual orientation.

Both of those statistics are unjust, and a sign of backwards progression in the struggle for equal rights.  Metzler's story is just the tip of the iceberg.  A trans woman in Philadelphia was fired from a company because she refused to provide her employer with a picture of her genitals.  In January, a court ruled that a transgender employee in Indiana could legally be fired from a retail store because of gender identity.  The list goes on and on.

ENDA would stop workplace discrimination based on sexual orientation and gender identity.  There's a version of ENDA in both houses of Congress, and President Obama has vowed to sign the bill into law if it reaches his desk.  If you haven't signed the petition on change.org encouraging your legislators to support ENDA, please consider doing so today.  Given the fact that people can be fired for who they are in more than half of this country, the time to act is now.

As for Metzler?  Tonight she's hosting a forum on transgender issues in Salt Lake City, and she's also studying psychology at the University of Utah.  She told the Salt Lake City Tribune that she hopes someday to work with LGBT homeless youth.

Talk about inspiring.

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Comments (4)

  1. Edwin Bonilla

    It's unjustified that so many states allow employers to fire LGBT employees and it's also unjustified that an intolerant Indiana court backed that oppression. ENDA must become law and it's great that President Obama will sign the necessary law. It's unfortunate that a transgender person was fired in Utah and it's unfortunate that a shameful company demanded a picture of an employee's genatalia. ENDA will become law to make every workplace one of the greatness of LGBT equality.

    Posted by Edwin Bonilla on 08/20/2009 @ 03:03PM PT

  2. Jonathon Baker

    Obviously it is unfair and discriminatory to fire somebody because of their sexual orientation, but put yourself in the business owners situation.

    A trans-gender employee in a customer-facing position could very likely be costing the business money. The owner may be the most tolerant, accepting person in the world, but what if the customers aren't?  He can't be responsible for their prejudice.  He just has to try to run a successful business. Keeping the trans-gender employee in that position may literally drive him out of business.  Is that fair? 

    Posted by Jonathon Baker on 08/20/2009 @ 09:12PM PT

  3. Sara L

    I dislike seeing anyone lose their job because they are transitioining.  However, I question her methodology if indeed she "showed up at a company picnic wearing mascara, eyeliner and white-tipped acrylic nails".  If that's what actually happened, and there was no forewarning nor HR-related conversations re her transition, then she was cooking up a recipe for failure.  A responsible transitioner does not "show up".  She (or he) works with the responsible HR representatives and shows respect and consideration for her colleagues and co-workers by socializing the change and orchestrating that work-place tranistion in a  manner that shows the company she has both her AND the company's interests in mind.

    I DO NOT condone her firing, but I strongly question her methodology and lack of thoughtful consideration of her company and its employees.

     

    Posted by Sara L on 08/21/2009 @ 03:46PM PT

  4. Candice Metzler

    These are all great comments and I would like to thank those who took the time to make a comment on this article. It’s always interesting how people interpret events. I did not just ‘show up’ at a company picnic. I had been in transition for a while and many people had to know something was up, especially after my name change. There was nothing of a HR department to help others understand that I was transitioning or what that meant. I had to explain to my own employer so that he could even understand what I was talking about. My employer had known for months that I was transitioning. Actually, I had told him that I thought it was a bad idea for me to go to the picnic for fear that we could lose work. We talked about it for a while, in the end, he was sure it wouldn’t cause problems and convinced me to go. It’s difficult for some people to understand how others would subject someone to such prejudicial and discriminatory acts, unless you’ve seen it or experienced it firsthand.

     

     I agree that there are beneficial ways to let others know that you are transitioning and that simply ‘showing up’ is a recipe for problems. That is not what happened.

     

    I do not have bad feelings towards my former employer and I believe he did what he felt he had to. The problem is that there aren’t laws to back him up, even if he wanted to keep me. The leadership of this nation has failed to enact legislation that could help employers when they want to protect an employee. Instead the employer must stand alone and against great odds. It becomes less likely for them to hold their ground.

     

    What about protecting the employer? Should they be able to ‘save’ their business by firing a social outcast? If all employers have the right to do that, then what, I suppose we have a socially sanctioned form of genocide? A specific population can’t feed or shelter themselves, they are left to live on the streets and then they are slaughtered on the streets. The likeliness of being physically and sexually assaulted increases while living on the streets, as does the likeliness of being killed. Simply look at the recent events in Trinidad, Colorado or the report on 204 transgender murders in 18 months (TGEU)

     

    I had a reputation as one of the most knowledgeable home inspectors in this area. I had spent a lifetime gaining the knowledge and skills to gain that reputation, but that didn’t matter. What did matter is that I have a stigmatized identity, the same type of stigmatization which has been used to subvert countless populations. Laws like ENDA would allow employers to maintain a position of compliance rather than outright support. This is how we protect employers and promote equality in the workplace.

     

     

     

    Posted by Candice Metzler on 08/24/2009 @ 01:45AM PT

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Michael Jones

Michael is the Communications Director for the Human Rights Program at Harvard Law School, and previously was Communications Director for Pax Christi USA, a progressive Catholic human rights organization.

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