Transgender Discrimination in Veteran Affairs

LGBTQIA+ people have the right to a workplace free from gender discrimination.

Transgender Discrimination in Veterans Affairs: Understanding the Struggle for Equality

Introduction

Transgender veterans who have served honorably face a unique and heartbreaking battle outside of the military. Discrimination within the Department of Veterans Affairs (VA) often leaves them without access to essential healthcare, pushing them into a fight for their basic rights after a life of service to the country.

This issue was brought to light recently with the case of Jane Doe, a former army veteran battling gender identity discrimination in the VA. Her lawsuit against the department highlights how new administration policies can impact not only her life but also thousands of other transgender veterans.

This post explores the history of transgender individuals in the military, the legal basis of Jane Doe’s case, and the broader implications of achieving equal rights and services for transgender veterans.

Background of Transgender Individuals in the U.S. Military

“This is discrimination, plain and simple,” said Donovan Bendana, a member of Yale Law School’s Veterans Legal Services Clinic

The history of transgender individuals in the U.S. military is marked with both service and struggle. While transgender people have always served, policies have continually excluded them. Until recently, many service members faced forced discharge if their gender identity was revealed, placing immense pressure on them to hide their authentic selves.

Progress came when, in 2016, the military began allowing transgender individuals to serve openly. However, in 2019, a restrictive policy barred most transgender individuals from enlisting, leading many to believe those earlier strides were being reversed.

The disparities continued into the Department of Veterans Affairs’ healthcare policies. Until 2018, the VA enacted a monumental change to provide health coverage for transitioning veterans, including hormone replacement therapy. This policy was seen as a lifeline for transgender veterans, acknowledging their needs and offering a step toward inclusivity. However, in March 2023, this progress was undone when Secretary Doug Collins abruptly rescinded the coverage, leaving veterans like Jane Doe in a devastating situation.

Case Study Jane Doe vs. Department of Veterans Affairs

Jane Doe is one courageous individual whose story has brought nationwide attention to discrimination against transgender veterans. An Army veteran with 11 years of honorable service, Doe was diagnosed with gender dysphoria in 2017. With her physician’s guidance, she was prescribed hormone replacement therapy, which allowed her to serve effectively for another seven years in the National Guard.

Yet, when Doe retired, the VA abruptly terminated this critical coverage. Despite her 100% service-connected disability rating, which should entitle her to comprehensive care from the VA, she now finds herself without access to necessary medication.

“This is discrimination, plain and simple,” said Donovan Bendana, a member of Yale Law School’s Veterans Legal Services Clinic, who is representing Doe in court. The petition challenges the VA’s decision as unconstitutional and a violation of federal antidiscrimination laws.

For veterans like Doe, the consequences are severe. Unable to work due to her service-connected disability, she cannot afford the necessary medications. “I feel abandoned by the institution that once promised to ‘never leave a soldier behind,’” she shared.

Legal Arguments and Basis of the Lawsuit

The lawsuit filed by Jane Doe’s legal team highlights multiple legal violations by the VA. It asserts that the cancellation of her healthcare coverage breached both federal anti-discrimination statutes and constitutional rights.

Violations of Federal Anti-Discrimination Laws

Under Title VII of the Civil Rights Act, it is unlawful to discriminate on the basis of gender identity. The Supreme Court’s 2020 ruling in Bostock v. Clayton County further reinforced that protections for transgender individuals are included under this ruling.

By rescinding coverage specifically for transgender veterans while offering comprehensive medical care to others, the VA has violated this precedent. The lawsuit argues that health care is being denied on the discriminatory basis of Jane Doe’s gender identity.

Constitutional Violations

The case also raises constitutional questions, including potential violations of the Equal Protection Clause of the Fourteenth Amendment. By providing disparate treatment to transgender veterans, the VA may be found to have unlawfully infringed upon their rights to equal treatment under the law.

The Impact on Transgender Veterans Nationwide

The outcome of this lawsuit will likely resonate far beyond Jane Doe, setting a legal precedent with implications for thousands of transgender veterans across the country.

If the courts rule in favor of Doe, the VA may be required to reinstate healthcare coverage for transgender veterans, guaranteeing access to the critical treatment they need. This would represent a significant step toward equity and inclusivity within the realm of veteran support services.

A victory would also apply pressure on policymakers to reconsider the systemic challenges transgender veterans face, including barriers to housing, employment, and mental health support. It could lay essential groundwork for eliminating gender identity discrimination in federal services more broadly.

Broader Context: Protecting LGBTQIA Rights

Federal Protections

Federal laws already provide foundational protections for LGBTQIA individuals across employment, housing, and education. The Bostock decision clarified that gender identity and sexual orientation fall under the umbrella of sex-based protections. Similarly, Title IX protects transgender students, while the Fair Housing Act prohibits gender identity discrimination in housing.

State-Level Laws Example: California

Certain states, like California, offer robust protections for LGBTQIA individuals. The California Fair Employment and Housing Act (FEHA) prevents discrimination based on gender identity across employment and housing. Additionally, policies like the Gender Recognition Act allow Californians to update identification documents to reflect their authentic selves without medically transitioning.

While some states, like California, provide extensive protections, others lag behind. Activists argue that federal standards must be strengthened to ensure consistent protections regardless of state boundaries.

How You Can Take Action

The fight for equitable treatment of transgender veterans is far from over, and you can make a difference. Here’s how to help:

Donate to Organizations Groups like the National Center for Transgender Equality and Yale’s Veterans Legal Services Clinic advocate for transgender veterans. Monetary support aids their legal battles and outreach programs.
Spread Awareness Share articles like this and Jane Doe’s story on social media to keep these issues visible.
Contact Lawmakers Urge your representatives to pass legislation ensuring equal healthcare access for all veterans.
Volunteer Look for local organizations that support LGBTQIA rights and offer your time where needed.

Taking even one of these steps can help create meaningful change for transgender veterans.

Progress Must Extend to All Veterans

Every American veteran deserves respect, support, and access to the care they need, regardless of their gender identity. Cases like Jane Doe’s illuminate the ongoing disparities within federal systems designed to serve those who served this country.

The road to justice for transgender veterans might be long, but it’s a fight worth pursuing. Together, through legal action, advocacy, and community support, we can ensure that no service member is left behind.

Are you ready to stand up for equality? Share Jane Doe’s story, educate yourself about transgender issues, and make your voice heard.

If you or a loved one has faced discrimination due to your transgender identity, know that you are not alone, and legal help is available. At Helmer Friedman LLP, we are dedicated to fighting for justice on behalf of those who have been wronged. Contact our experienced discrimination attorneys for a confidential consultation to discuss your case and explore your options for holding discriminatory systems or individuals accountable.

November 8, 2024

Achieving Equality: A New Era in Fire Department Culture

Women firefighters also fight for equality. Workplace discrimination and harassment lawyers Helmer Friedman LLP.

The Journey of Women Firefighters: A Tribute Amidst the Mountain Fire

As the Mountain fire continues to put our brave firefighters to the test, we take a moment to shine a light on our women firefighters and their journey over the years. Despite the raging fires, we stand in awe of the slow yet steady progress in the world of firefighting as it opened its doors to women.

Historical Milestones: From Molly Williams to Judy Brewer

From Molly Williams, held in slavery, bravely serving as a firefighter in the early-1800s, to Judy Brewer, the first full-time career female firefighter hired in the United States, women have slowly but surely carved a place in this profession. Today, the fire service in the United States boasts around 15,000 women serving as career firefighters and an additional 78,000 volunteers.

Current Landscape: Women in Firefighting Today

The Challenges Ahead: Addressing Gender Disparities in the Fire Service

However, there is much terrain yet to conquer. Women still only account for 4% of career firefighters and 11% of volunteers. We recognize the existing challenges and the necessity for further inclusion in the fire service workforce. But the story is not just about numbers.

The Impact of Discrimination: A Case Study of Rebecca Reynolds

Discrimination and harassment at least partially explain why women firefighters have only increased by 0.3% over the past 25 years. One example of such harassment is why The Kansas City Council’s finance committee is poised to approve a record $1.3 million settlement for firefighter Rebecca Reynolds, who alleges years of harassment from male colleagues due to her gender, sexual orientation, and age. Incidents included questioning her authority and an alleged act of a colleague urinating on her belongings. Reynolds plans to drop two pending discrimination lawsuits in exchange for the settlement, which represents the largest ever in a fire department discrimination case. The settlement follows the city’s history of addressing harassment claims, with recent settlements totaling $2.8 million in the past two years alone.

Progress and Change: Making Fire Departments More Inclusive

Celebrating Leadership: Women Breaking the Glass Ceiling in Firefighting

Over the years, laws and norms have changed to make fire departments more inclusive and family-friendly. Station designs have been reconsidered, grooming standards revisited, and there is an ongoing effort to make uniforms and Personal Protective Equipment more accessible for women. Women have broken the glass ceiling in leadership roles, leading large departments as chiefs, and serving in prestigious positions like the U.S. fire administrator and the superintendent of the National Fire Academy.

The Importance of Diversity in the Fire Service

We salute our women firefighters for their courage, resilience, and their contribution towards building a better, more inclusive fire service that celebrates diversity. Each step forward not only benefits women in the service but all firefighters, and the community they valiantly serve.

Looking Forward: Honoring Women Firefighters and Pushing for Equity

As women continue to strive for equality and inclusion within the firefighting profession, it is crucial to be aware of the resources and support systems available to them. Experiencing discrimination or harassment in the workplace can be daunting, but it is important to take action and seek the guidance of an experienced employment attorney. Legal professionals specializing in employment law can provide invaluable assistance, helping to navigate complex legal systems and ensuring that rights are protected. Taking this vital step not only serves the individuals affected but strengthens collective efforts toward a more inclusive, respectful, and equitable environment for all firefighters.

Let us remember, as the fires rage on, the progress we’ve made and the challenges yet to overcome. We stand with our women in firefighting, honoring their past, cherishing their present, and pushing for a more inclusive, equitable future.

April 24, 2012March 2, 2015

Gender Discrimination and Harassment Lawsuit Against CSC

April 18, 2012 : Today, a former employee of Computer Sciences Corporation (“CSC”) filed a gender discrimination and harassment lawsuit against CSC. The Complaint, which was filed in Los Angeles County Superior Court (Case No. BC482993), alleges that CSC, a multi-billion dollar company which provides information technology and business services to companies throughout the world, routinely paid women less than men and denied them higher-paying and more prestigious positions. According to the Complaint, CSC has a practice of retaliating against women who complain by demoting or removing them from their positions, withholding their pay, and/or firing them.

The plaintiff, Anne Roeser, was a high level executive at CSC, who, according to the Complaint, was subjected to pervasive gender discrimination and harassment by some of the Company’s Indian male executives who did not want to work with women and who openly stated that women should stay at home, take care of their husbands and raise their children. These Indian male executives, the Complaint alleges, were openly hostile to women, they made sexist and derogatory remarks about women (calling them “girl,” “blonde,” and “white woman”), they demeaned the jobs held by women (saying, for example, that one high-level female executive’s job was merely to take clients out to lunch and go shopping with them), they refused to communicate with women about substantive work-related issues, and they behaved toward women in an aggressive, condescending and intimidating manner.

According to the Complaint, when Ms. Roeser complained about the gender discrimination and harassment and the illegal conduct in which some of these executives were involved, she was demoted, denied earned wages, otherwise retaliated against, and told to stop complaining. When she continued to complain, she was fired. The Complaint alleges that among other illegal conduct, Ms. Roeser complained that the Company’s off-shore Indian employees engaged in over 6,000 instances of illegally accessing the private health and financial information of the patients of one of the Company’s largest health care clients in violation of HIPAA, the California Confidentiality of Medical Information Act, and the privacy rights of these patients.
Commenting about these allegations, Ms. Roeser’s attorney, Andrew H. Friedman of Helmer * Friedman, LLP, said, “Unfortunately, the glass ceiling really does exist at many companies. Hopefully, lawsuits like this one will shatter that ceiling and enable women to reach the same levels in corporate America occupied by men.”

June 24, 2011March 2, 2015

Girls for Gender Equality

In New York City, Girls for Gender Equity (GGE) has been advocating for increased school safety – a decade-long campaign led by parents, teachers, and female and LGBTQ students. And if there is one thing the teen women of color organizers at Girls for Gender Equity want you to know, it is that Title IX of the Education Amendment does not only apply to college sports – the area most associated with Title IX enforcement.

“It is hard to envision a school without sexual harassment. However, if one existed, I imagine it would be a place where kids can excel as students instead of having to worry about what is going to be said or done to them the next time they go in the hallway,” says former GGE youth organizer Kai Walker.

In April 2010 and April 2011 the Office for Civil Rights (OCR) of the US Department of Education released two “Dear Colleague” letters to “provide guidance” and “examples of remedies and enforcement strategies” for reported sexual harassment infractions in public schools. While this public acknowledgement from the Obama Administration is a step in the right direction, the tactic ultimately lacks teeth. The letters simply restate what the law already requires. It politely requests officials to increase their efforts at enforcement, but does not take steps to ensure mandatory application of the federal law. For all practical purposes, the “Dear Colleague” letters do not go beyond lip service.

• Girls for Gender Equity organizers celebrating the launch of Hey, Shorty: A Guide to Combating Sexual Harassment and Violence in Schools and on the Streets. Photograph courtesy of the author. •

As a result, grassroots organizations like GGE rely on the strength of the members of their own communities to hold schools accountable for failing to keep students safe. Nearly forty years after Title IX’s passage, GGE’s youth-led research project on sexual harassment in the New York City public schools found that nearly 1 in 4 students are sexually harassed in school every single day – with behaviors that range from verbal (71 percent) to physical (63 percent) to criminal sexual assault (10 percent).

College student Kayla Andrews was a part of the research team. She says, “If given the golden opportunity to converse with President Obama regarding Title IX in public schools, I would first and foremost introduce him to a day in the life of students. I would tell him stories of how girls walk briskly to class out of fear of being harassed and boys who feel uncomfortable being their true selves because they fear ridicule and abuse.”

In Hey, Shorty: A Guide to Combating Sexual Harassment and Violence in Schools and on the Streets, GGE Community Organizer Nefertiti Martin recalls what it was like for her to be called homophobic slurs at school: “Before I even knew what gay was, somebody managed to find something to say about my limp wrists and effeminate lisp. Teachers and faculty tell me some lines about how sticks and stones may break my bones, but words can never hurt me. But words have always hurt me.”

Chiamaka Agbasionwe agrees and shares about a classmate who “made me feel disgusted with myself. He made me second-guess what I wore that day, how my hair looked, and just me as a woman. His ‘compliments’ were insults knowing the disrespectful connotations behind them. His looks were knives through my self-esteem.”

Kayla wants President Obama to know about the lack of support for students who are sexually harassed at school. “I would make the President aware of just how difficult it is to find someone within the school who actually knows what Title IX is, much less follows the procedures for recording sexual harassment offenses,” she says.

GGE found that a mere 3 percent of students made a report after being sexually harassed, and 22 percent say they were further traumatized by school staff after making the report.  Over half say they did not know how students who sexually harassed others were dealt with at their school because there was no follow-up with them by school authorities. And less than 2 percent feel the perpetrator was dealt with appropriately.

“Enforcing Title IX alone cannot end sexual harassment, but it can mitigate it,” says GGE youth organizer Nkeya Peters. “The way it can be alleviated in public schools is by raising awareness and hiring social service workers to properly address the issue and its consequences.”

With Hey, Shorty!, Girls for Gender Equity seeks to broaden people’s understanding of Title IX and shine a light on the ineffectual nature of an unenforced federal law. As the group moves forward with its community-based work, Hey, Shorty! offers youth and adult allies nationwide an accessible guide to implement in their own schools and cities to combat unwanted sexual attention and LGBTQ bullying. The model they use shows that young women who are given adequate support can successfully mobilize to demand accountability in their schools. It demonstrates that safety does not have to be an impediment to an education.

“It takes living in the shoes of a sexually harassed student to know just how detrimental harassment can be to one’s education,” says Kayla. “If President Obama wants to address the issues in this country regarding education, he needs to start at the root of the problem, which includes the reasons why students avoid going to school in the first place.”

• A Public Service Announcement on Title IX created by Girls for Gender Equity and the Coalition for Gender Equity in Schools. •

About the Author:
Mandy Van Deven is the co-author of Hey, Shorty: A Guide to Combating Sexual Harassment and Violence in Schools and on the Streets, a book about Girls for Gender Equity’s nine years developing an effective organizing strategy to end gender-based violence in New York City’s public schools. Her writing can be found at www.mandyvandeven.com.