Category: Gender Identity

  • The politics of representation

    The politics of representation

    When I searched for Sarah McBride’s name on March 12, the first thing I saw was a story about a member of the U.S. Congress calling her “Mr. McBride” in an official hearing.

    Ms. McBride is the first congressional representative in United States history to be openly transgender.

    Since 18 November 2024, when McBride was elected to Congress, I’ve seen dozens of articles in which the only thing in question is her gender identity. It’s funny that Republicans in the U.S. Congress have made such a fuss over McBride’s gender, while McBride – the only congressperson representing the state of Delaware – has done nothing of the sort.

    For someone so polarised and one-dimensional by the media, McBride seems intent on collaboration.

    Delawareans have been overwhelmingly supportive of McBride. A University of Delaware poll, which recorded the pre-election numbers, had McBride at 52% of the vote, while her opponent, John Whalen, received 30%. Sarah McBride ended up with a 58% return, which could be considered a landslide.

    This starkly contrasted primaries across the country, with many states flipping Republican, that had gone Democrat in 2020.

    So, what’s the difference between Delaware and McBride, compared to the rest of the nation?

    What voters care about

    For starters, Delaware, where I live, is minuscule compared to its sister states. These conditions make Delaware not only ideal grounds to break history on, but also the only place it could have happened for McBride.

    Delaware does not boast a large number of gay and trans people. A UCLA poll found that only 4.5% of citizens in Delaware are queer and trans and over half are under voting age. By and large, McBride was elected by a primarily straight electorate.

    This election did not contrast with the national sentiment of Democrats. A Pew Research study found that about 64% of Americans believe trans people should be protected from discrimination when it comes to employment, housing, and education. Additionally, democrats had even stronger support of the notion that gender is not assigned at birth.

    Simply put, Delaware and McBride are a good fit.

    McBride is calm, composed, and focusing on her Delaware constituents more than anything else. In fact, she is the first freshman democrat in the 119th Congress to bring a bill to the floor. A bipartisan bill protecting consumers from credit appraisal scams.

    Opposition from Republicans

    Some congressional Republicans prefer to call McBride names rather than work to make a stronger nation.

    Describing McBride’s welcome to D.C. can be summarized in two words: Political Theatre.

    On McBride’s first visit to D.C., she was greeted by a ban on the use of bathrooms in the house by transgender people brought forward by Republican Congresswoman Nancy Mace. This pointed attack by Representative Mace didn’t seem to affect McBride, who was more focused on: “Delivering on the issues that keep Delawareans up at night.”

    In recent months, McBride has been subject to even more unwarranted scrutiny and misnomers from her republican colleagues.

    I spoke with McBride to hear her plans for Delaware, her response to President Trump’s actions, and what she has accomplished thus far in her congressional term.

    Jack McConnel: What was your main reason to run for congressional office? 

    Sarah McBride: So my interest in politics was really rooted in my own journey to authenticity as a young person, as someone growing up here in Delaware, I was scared. I wondered whether the heart of this country was big enough to love someone like me.

    And I faced a crisis of hope. And in that crisis of hope, I went searching for solutions and examples of our world becoming kinder and fairer. And I found a little glimmer of hope as I read history books and saw the through line of every chapter was a story of advocates, activists and a handful of courageous and effective elected officials working together to right the wrongs of our past, to address injustice, to bring people from the shadows and the margins of society into the circle of opportunity.

    I ultimately decided to run for office, though, in 2019 for the state Senate was really the byproduct of my experience as a caregiver to my husband during his battle with terminal cancer.

    Because I know despite the fact that Andy lost his life to cancer, I know how lucky we were. I know how lucky he was to have health insurance that allowed him to get care that prolonged his life. And I know how lucky both of us were to have flexibility with our jobs that allowed him to focus on the full-time job of getting care and me to focus on the full-time job of caring for him.

    McConnel: What are you most proud of so far in your term?

    McBride: First is that I’ve introduced multiple bipartisan bills.

    One with [California Republican] Young Kim that provides consumer protections for Americans against the predatory practices of so-called credit repair organizations.

    The second more recently with [Republican] Representative Mike Lawler from New York, which protects farmers and in so doing helps to lower costs for Delawareans at the grocery store by investing in combating avian flu.

    McConnel: How do you think the Democratic party should respond to the results of the 2024 election?

    McBride: What we can do is we can help to mobilize the public against [President Donald Trump]. Public opinion still matters. We are still under democracy. These people still care about their popularity. They still care about the next election and the goal in this moment as we defend Medicaid in the short run.

    The goal in this moment also has to be to make sure that this president, that the public understands the harms that this president is inflicting on people of every political persuasion across the country. As the public mobilizes against this president, it throws sand in the gears of an authoritarian machine that slows it down, that extends the runway of our democracy so that we can get to the next election and get to the next election.

    McConnel: How do you plan on responding to these movements?

    McBride: Fighting back against that is at the top of my priority list at this moment. In the longer term, obviously, there is an answer to your question, a real effort by this president to illegally and unconstitutionally consolidate power to essentially create absolute power.

    I mean, his first step is to employ what’s called the unitary executive theory, which is absolute authority within the executive branch under the purview of Congress. But he’s also clearly trying to undermine the main power of Congress, the power of the purse. He’s questionable about whether he’s going to listen to the Supreme Court and when all is said and done, making sure that we can’t stop every action by this president. The results of the last election give us limited institutional levers.

    McConnel: Thank you, Representative McBride.

    The main concern McBride reiterated again and again was what she was doing for the Delawareans who elected her. McBride took every opportunity during our interview to highlight the issues most relevant to her constituents. She talked to me about the effort to defund programs Delawareans rely on.

    When asked about what the Democratic Party should be doing going forward, McBride said that Democrats have lost the “art of social change” and that they must be willing to meet people where they are and engage in conversations where people disagree. She pointed towards the 2026 midterms as a place to build momentum towards.

    McBride said when Democrats try to sound the alarm about everything the president is doing, it dilutes the effect of the message. “We can’t ever go to 10 if we’re always at 10,” she said.

    McBride’s goal? Slow down Trump where she can and build support going into 2026.


     

    Questions to consider: 

    1. In what way does Representative Sarah McBride get treated differently than her Congressional colleagues?

    2. What did Delaware voters care about when they voted to elected McBride to Congress?

    3. If you were to vote for a government representative, what issues do you most want that person to tackle?


     

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  • Celebrating Pride Month: Spotlight on Transgender and Nonbinary Employees – CUPA-HR

    Celebrating Pride Month: Spotlight on Transgender and Nonbinary Employees – CUPA-HR

    by Julie Burrell | June 4, 2024

    June is Pride Month, dedicated to celebrating the richness and history of the LGBTQIA+ community. In addition to ensuring regulatory compliance, higher ed HR has an important role to play in creating a truly inclusive campus. A fundamental part of celebrating Pride is actively learning from and listening to this community, especially as the population of LGBTQIA+ employees continues to grow.

    This Pride, CUPA-HR is spotlighting the voices of transgender and nonbinary employees by offering resources to empower HR in improving culture, policies and procedures for this group. Even if significant institutional change is not something you’re in a position to initiate, individual actions can add up. In addition to learning from the below resources, you can network with your colleagues at other institutions to provide support, personally recognize national days of awareness or remembrance, and encourage allyship.

    Inclusion of Transgender and Nonbinary Employees in the Workplace: A Critical Conversation (Watch Now)

    In this webinar, recorded in May, Jon Humiston of Central Michigan University and Aaric Guerriero of the Froedtert Health System explore ways to celebrate and embrace transgender and nonbinary employees.

    They address frequently asked questions about transgender and nonbinary issues, including what terms are commonly used within the LGBTQIA+ community and what happens if you accidentally misgender someone. They also recommend best practices for inclusion, including:

    • Using gender-neutral language. For example, instead of “ladies and gentleman,” Jon suggests “amazing humans,” “everyone,” or “y’all.”
    • Changing paperwork and job descriptions if they mention just two gender pronouns — for example, he or she — to inclusive language like “they.”
    • Sharing your pronouns in your email signature and Zoom profile, so others feel comfortable doing the same.

    Gender-Inclusive HR Strategies: Are You on the Right Track? (Read Now)

    This blog post proposes a framework for higher ed HR practitioners to address their gender inclusion strategies. A checklist of questions will help you audit your efforts on campus, covering: policies and procedures (for example, do you have a name-in-use policy or chosen-name policy that is easy to access and navigate?); programmatic support (e.g., do you have LGBTQIA+ safe-zone training available for all employees?); and visibility (e.g., does your institution have a presence at local LGBTQIA+ pride events?). Reviewing these questions will help you identify gaps in your inclusion efforts.

    Gender Identity and Sexual Orientation in the Workplace (Explore the Toolkit)

    This Knowledge Center toolkit, while not specifically about trans and nonbinary employees, covers legal obligations under Title VII and Title IX and supplies applicable guidelines from the Equal Opportunity and Employment Commission and Office for Civil Rights. Best practices and example policies are also included — for example, on name changes in official forms.



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  • Gender-Inclusive HR Strategies: Are You on the Right Track? – CUPA-HR

    Gender-Inclusive HR Strategies: Are You on the Right Track? – CUPA-HR

    by Julie Burrell | November 6, 2023

    This year’s Transgender Awareness Week (November 13-19) is an opportunity for HR pros to educate themselves about daily steps that make a more inclusive workplace. It’s also a good time to review strategies for inclusion for all employees, including those who are transgender, nonbinary, and agender, among other gender identities.

    Small Steps to a More Gender-Inclusive Workplace

    At this year’s CUPA-HR annual conference, Jon Humiston of Central Michigan University laid out some simple actions everyone can take to make gender inclusiveness a daily practice. They suggest:

    • Use gender-inclusive language when referring to groups of people. For example, use terms like “people” or “individuals” rather than “ladies and gentlemen.”
    • Pay attention to the assumptions you make about someone’s gender identity and expression.
    • Feel free to ask about pronouns or share your own pronouns, but don’t require people to share theirs, as they may be uncomfortable doing so.
    • Use “pronouns” rather than “preferred pronouns,” since it’s not a preference but an identity.
    • Do know that it’s OK if you make a mistake by accidentally misgendering someone. Apologize and move on. If you repeatedly make the same mistake, it might be time to practice. Consider using AI, like ChatGPT, as a conversation tool or asking a friend to be a practice buddy.

    HR’s Role in Creating a Gender-Affirming Culture

    Jon also proposed a framework for higher ed HR to review inclusion policies, focusing on transgender and nonbinary employees, but with potential benefits for all employees. Reviewing the following questions (adapted from sources such as CUPA-HR and Out & Equal toolkits) will help you identify potential gaps in your institution’s efforts to be gender inclusive.

    Policies and Procedures

    • Do you have a non-discrimination policy that includes sexual orientation, sex (or biological sex), gender identity and gender expression?
    • Do you allow employees to identify their gender outside of the gender binary?
    • Do you have a name-in-use policy or chosen-name policy that is easy to access and navigate?
    • Do systems such as software allow for gender pronouns to be included?
    • Does health insurance cover benefits for transgender and nonbinary employees?
    • Is gender-inclusive language used in internal and external materials (marketing, job ads, etc.)?
    • Are gender-inclusive bathroom locations shared with all potential employees during the interview process and all new employees?

    Programmatic Support

    • Do you have an Employee Resource Group for LGBTQIA+ employees?
    • Do you have LGBTQIA+ safe-zone training available for all employees?

    Visibility

    • Does your institution publicly show its support of LGBTQIA+ communities during Pride Month, National Coming Out Day, National Day of Silence, etc.?
    • Does your institution publicly address hate and bias crimes that occur, or have a plan for doing so?
    • Does your institution have a presence at local LGBTQIA+ pride events?

    Making the Case for Gender Inclusion

    Policies that support LGBTQIA+ employees benefit all employees.

    For example, flexible work arrangements are desired by two-thirds of the higher ed workforce, yet most campus staff members must work on-site. For employees experiencing misgendering at work or in public, a day working from home might provide them the respite they need from the exhaustion of being misgendered or experiencing gender dysphoria.

    Both job seekers and current employees want their workplace cultures to be inclusive. According to a recent Workhuman study, 72 percent of employees see this as somewhat or very important to them. Inclusive cultures also promote creativity and innovation and may reduce absenteeism.

    Preventing workplace discrimination and harassment is also a matter of regulatory compliance. The EEOC recently published new proposed guidance on preventing workplace harassment, including several examples of discrimination and harassment on the basis of sexual orientation and gender identity.

    The Future of Gender Inclusion

    The makeup of the higher ed workplace won’t look the same in the years to come. The share of Americans who know someone whose gender differs from the sex they were assigned at birth continues to grow, with 44 percent of Americans saying they know someone who is trans and 20 percent saying they know someone who is nonbinary.

    If a major overhaul of institutional inclusion policies isn’t something you’re in a position to initiate, Jon suggests networking with your colleagues at other institutions to provide support, personally recognizing national days of awareness or remembrance, and encouraging allyship.

    Additional Resources

    Gender Identity and Sexual Orientation in the Workplace (CUPA-HR Toolkit)

    Assessing LGBTQI+ Inclusion in Your Workplace (Out & Equal Toolkit)

    A Guide to Gender Identity Terms

    What’s Your Pronoun? Strategies for Inclusion in the Workplace



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  • Federal Judge Blocks Department of Education’s Title IX Guidance – CUPA-HR

    Federal Judge Blocks Department of Education’s Title IX Guidance – CUPA-HR

    by CUPA-HR | July 27, 2022

    On July 15, a federal judge from the U.S. District Court of the Eastern District of Tennessee issued a preliminary injunction blocking enforcement of the Department of Education’s Title IX guidance that prohibits discrimination on the basis of gender identity and sexual orientation. Specifically, the ruling blocks enforcement of a June 2021 Notice of Interpretation issued by the department’s Office for Civil Rights (OCR) in light of the Supreme Court’s 2020 decision in Bostock v. Clayton County and President Biden’s Executive Order, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity.”

    Twenty Republican-controlled states, led by their attorneys general, were listed as plaintiffs on the case, arguing that the department’s guidance should not be enforced by the agency as it did not go through the notice-and-comment rulemaking process and is not codified law. They claimed that the department’s enforcement of the guidance also puts states at risk of losing significant federal funding if they do not comply with the guidance. The Eastern District of Tennessee judge ruled in favor of the plaintiffs, issuing the preliminary injunction while stating that the guidance interferes with states’ abilities to enforce their own laws that prohibit transgender students from participating on sports teams or using restrooms that align with their gender identity.

    As it currently stands, the injunction applies only to the 20 states listed as plaintiffs in the case, potentially impacting the policies of colleges and universities in those states. Notably, the injunction does not impact the recently issued Title IX proposed regulations that are currently undergoing a 60-day notice-and-comment period. If the Title IX regulations are codified into law, however, they may face similar legal challenges.

    CUPA-HR will continue to monitor this issue and keep members apprised of any developments related to Title IX.



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  • Department of Education Releases Title IX Proposed Rule – CUPA-HR

    Department of Education Releases Title IX Proposed Rule – CUPA-HR

    by CUPA-HR | June 23, 2022

    On June 23, the Department of Education released the highly anticipated Notice of Proposed Rulemaking (NPRM) to amend Title IX. The NPRM proposes to replace the Trump administration’s 2020 Title IX rule and establishes safeguards for transgender students by proposing a ban on “all forms of sex discrimination, including discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity.” The proposal will be open for public comment for 60 days following publication in the Federal Register.

    In March 2021, President Biden issued an Executive Order (EO) titled, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity.” The EO directed the secretary of education to evaluate the Trump administration’s Title IX regulations and to “issue new guidance as needed on the implementation of the rule.”

    Of significance, the NPRM proposes to repeal the Trump administration’s requirement for live hearings for Title IX investigations. It also proposes to change the definition of sexual harassment back to “unwelcome sex-based conduct” that creates a hostile environment sufficiently severe or pervasive that it denies or limits a person’s ability to participate in a school’s education program or activity.

    CUPA-HR will be conducting a deeper analysis of the 700-page proposal in the days and weeks to come and will be partnering with other higher education associations to ensure the department receives meaningful feedback on its proposal.

    For additional information on the proposed rule, the department has provided a summary of the major provisions and a fact sheet.



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