BALDWIN TESTIFIES AT HEARING ON GENDER IDENTITY
by: Goodman, Jerilyn, OIA Newswire

Baldwin Testifies at House Hearing on Gender Identity

Congresswoman Tammy Baldwin testified today at a groundbreaking hearing
before the House Education and Labor
Committee’s Subcommittee on Health, Employment, Labor and
Pensions. The hearing entitled “An Examination of Discrimination
against Transgender Americans in the Workplace,” was the first in
Congress dedicated exclusively to
the issue of workplace discrimination against transgender Americans.

At present, no federal law clearly and comprehensively protects transgender Americans from
discrimination in the workplace. Twelve states, plus
the District of Columbia,
bar employment discrimination on the basis of gender identity. Baldwin has championed equal rights and protections for
transgender Americans, most recently during House
debate over the Employment Non-Discrimination Act (ENDA).

Baldwin told her
colleagues, “Corporate America
and the American people are way ahead of the Congress in acknowledging the
basic truth we hold to be self-evident… that all of us are created equal… and the laws of the land
should reflect that equality. It is high time that America declare discrimination
based on gender identity and expression unlawful.”

The purpose of today’s hearing was to delve into the pervasive
employment discrimination that transgender Americans face while laying the
groundwork for future legislative action.

Testifying, along with Baldwin today,
were Congressman Barney Frank (D-MA), and representatives from the legal, business, and transgender communities.

A copy of Baldwin’s testimony follows:


Congresswoman
Tammy Baldwin

Statement
to Health, Employment, Labor and Pensions Subcommittee

Hearing
on Gender Identity

June 26,
2008

Thank you Chairman Andrews, Ranking Member Kline, and members of the
Committee for allowing me the opportunity to testify today at this historic
hearing.

Many of my colleagues have asked about the phrase “gender
identity” and why employment protections based on gender identity and
expression ought to be included in any employment discrimination legislation
Congress takes up. I’ll do my best to answer any lingering questions and
clarify what drives many in the LGBT community to demand an inclusive approach to eliminating discrimination in the
workplace – one that does not leave the smallest and most vulnerable part
of our community behind.

As you may know, gender identity is a person’s internal sense of
his or her gender. In the vast majority of the population, an
individual’s gender identity and his or her birth sex
“match.” But for a small minority of people, gender identity and
anatomical sex conflict. A common way for many transgender people to describe
this feeling is to say something to the effect of being “trapped in the
wrong body.” Gender identity and sexual orientation are not the same and
transgender people may be heterosexual, lesbian, gay or bisexual.

There are thousands of
transgender Americans who lead incredibly successful, stable lives, are
dedicated parents, contribute immeasurably to their communities, their
country. I personally know transgender people who work in fields as diverse as
defense contracting, broadcasting, community organizing, the legal profession
– I could go on. They have transitioned successfully, many with the full
support of their employers.

Despite these successes, because
an individual was born one sex and presents oneself to the world as
another—or in a way that other people may think is inconsistent with how
a man or a woman should present themselves—he or she can face many forms
of discrimination.

Hate crimes against transgender Americans are tragically common.
Transgender people also face discrimination in the mundane tasks of the
everyday – trying to find housing,
apply for credit, or even see a doctor… and, of course, in the focus of today’s hearing: trying to provide for
themselves and their families.

Some of you know that I practiced law for a few years in a small
general practice firm before I was elected to the Wisconsin Assembly. On
occasion, I represented clients who were fired in violation of Wisconsin’s 1982
non-discrimination law that added sexual orientation to our state’s
anti-discrimination statutes. During that time, I met a transgender woman who
left a lasting impression, though she was never a client. This woman had been
fired from a management position at a large local employer when she announced
to her boss that she intended to transition. And because
Wisconsin law gave her no legal recourse, she
faced an impossible situation – and ended up moving to a different state.

I remember a time in my own life, when I thought I had to choose
between living my life with truth and integrity about who I am, as a lesbian,
or pursuing the career of my dreams in public service. Among the things that
made me change my mind was Wisconsin’s
Non-Discrimination law that passed four years before I first ran for local
office… as an out lesbian.

The importance of nondiscrimination laws cannot be overstated.
Substantively, they provide real remedies and a chance to seek justice. Symbolically, they say to America, judge your fellow citizens
by their integrity, character, and talents, not their sexual orientation, or
gender identity, or their race or religion, for that matter. Symbolically,
these laws also say that irrational hate or fear have no place in our work
place.

Today, 39% of Americans live in areas explicitly banning discrimination
based on gender identity and expression and at least 300 major U.S. businesses now ban discrimination based on gender
identity and expression. Corporate America and the American people are
way ahead of the Congress in acknowledging the basic truth we hold to be
self-evident… that all of us
are created equal… and the laws of the land should reflect that
equality. It is high time that America
declare discrimination based on gender identity and expression unlawful.

Mr. Chairman, I wholeheartedly support your Committee’s efforts
to do just this. For the record, I
support an inclusive bill which
ensures that hard-working Americans cannot be denied job opportunities, fired
or otherwise be discriminated against just
because of their sexual orientation,
gender identity, and gender expression.

All of us who have had the
honor of working in this institution know that one of the greatest things about
America
is that it is both a nation and an idea. Our American Dream promises that no
matter where we start, no matter who we are, if we work hard, we will have the
opportunity to advance. This Committee can help fulfill that promise.

Thank you.

### Full Story. [6/26/08]