Diversity and Inclusion: LGBT Listening Session APTA transit Board members workshop April 2016

Diversity Council Initiative Emphasis on working to develop activities and resources that APTA member organizations can use to enhance inclusiveness of the lesbian, gay, bisexual, and transgender (LGBT) community Co-chairs Paul Larrousse, Celia Kupersmith and Barry Barker

The National Landscape

Supreme Court Decision 2013 case of United States v. Windsor, which invalidated a key portion of the federal Defense of Marriage Act (DOMA) and allowed for the U.S. government to begin recognizing legally valid same-sex marriages June 26, 2015--The nation’s highest court determined that the U.S. Constitution requires states to license and recognize marriages between two people of the same sex, making marriage equality officially

Federal Law Title VII of the Civil Right Act of 1964 Prohibits discrimination on the basis of “sex” Interpretation by EEOC and some courts Protection based on gender stereotyping and gender non-conformity Protection for transgender employees Schroer v. Billington (District Court for District of Columbia) (2008) Macy v. Holder (EEOC – 2012) “Addressing discrimination based on gender identity is a priority for the commission [EEOC]” – David Lopez, EEOC General Counsel

State Laws Sexual Orientation 22 States + D.C. prohibit discrimination in private and public employment: California, Colorado, Connecticut, D.C., Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington and Wisconsin

State Laws Gender Identity 19 states + D.C. prohibit discrimination in private and public employment: California, Colorado, Connecticut, D.C., Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Utah, Vermont, Washington

Definitions “People will forget what you said and did, but people never forget how you made them feel.” -Maya Angelou

Definitions Just so we’re all on the same page. . . . Sexual orientation Gender Identity Gender Expression Gay and Lesbian Bi-Sexual Transgender Queer or Questioning

Sexual Orientation An individual’s experience of being physically and/or or emotionally attracted to men, women, both men and women, other types of gender expression, or people with any gender expression

Gender Identity Gender identity is an individual’s sense of being a man or woman, falling outside or in between the gender binary, or combining aspects of multiple genders Everyone has a gender identity

Gender Expression Gender expression describes the external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, mannerisms, speech patterns, and social interactions

LGB… Gay: A person who is attracted primarily to members of the same sex. Lesbian: A woman who is primarily attracted to other women Bisexual: A person with significant attraction and desire for both sexes, both sexually and romantically. Being bisexual does NOT imply confusion or wanting/having more than one partner.

Transgender Transgender people are people who have a gender identity or gender expression that is different from that traditionally associated with their assigned sex at birth Transgender women are transgender people who identify as women Transgender men are transgender people who identify as men

Transgender Some people who identify as transgender do not identify as men or as women Some people who meet the definition of transgender do not identify with the word transgender Transgender people span all communities, backgrounds, races, ethnicities, ages, sexual orientations, and abilities

Queer….or Questioning Was, in the past, a pejorative and offensive term Still is to some people inside of the LGBTQ community Today, more of an umbrella terms and includes anyone who: Wants to identify as queer and Who feels somehow outside of societal norms in regard to gender or sexuality

LGBT Inclusion at Fortune 500 Companies As of 2015: 89% include sexual orientation in their non- discrimination policies 66% include gender identity and/or expression (15 years ago, this was about 3%) 66% provide equivalent medical benefits between domestic partners 25% provide transgender-inclusive healthcare benefits, including coverage of surgical procedures

LGBT Employees’ Workplace Experiences Studies have indicated that 58% of LGBT employees have heard jokes or derogatory comments about LGBT people at work An analysis of over 50 studies since 1992 showed between 7% and 41% of LGBT workers report being verbally or physically harassed or having workspace vandalized Source: Movement Advancement Project, Human Rights Campaign and Center for American Progress, A Broken Bargain: Discrimination, Fewer Benefits and More Taxes for LGBT Workers (Full Report), May 2013.

LGBT Employees’ Workplace Experiences Between 10% and 21% of LGBT workers report that bias against their sexual orientation contributed to a negative performance evaluation 11% to 28% say such bias is why they were passed over for a promotion Another survey found that nearly one in 10 “out” workers reported losing a job in the past five years because of their sexual orientation Source: Movement Advancement Project, Human Rights Campaign and Center for American Progress, A Broken Bargain: Discrimination, Fewer Benefits and More Taxes for LGBT Workers (Full Report), May 2013.

Key Challenges for Employers ”I look to a day when people will not be judged by the color of their skin, but by the content of their character.” -Martin Luther King, Jr.

Key Challenges for Employers Interviewing and Hiring Harassment and Discrimination Employee Policies

What are your best practices? “It is time for parents to teach young people early on that in diversity there is beauty and there is strength.” ― Maya Angelou