From left, Sanchez, Frank and Baldwin; photo by: Tom Williams/HRC

On Thursday, June 26 the U.S. House of Representatives Subcommittee on Health, Employment, Labor, and Pensions (HELP) held a historic hearing on discrimination against transgender people in the workplace. "An Examination of Discrimination Against Transgender Americans in the Workplace" was the first-ever Congressional hearing to focus on transgender discrimination, and was part of an effort to lay the groundwork for a transgender-inclusive Employment Non-Discrimination Act (ENDA).

"The purpose of today's hearing is to educate Congress and the public about the discrimination transgender Americans face particularly in the workplace, absent a comprehensive federal law to protect them," Rep. Rob Andrews (D-NJ), chairman of the HELP subcommittee said during his opening statement. "Workplace discrimination against a particular group of people is morally unacceptable and conflicts with the principles we hold sacred in our society. Furthermore, workplace discrimination, unchecked, harms our economy both domestically and globally."

Members of Congress who participated in the hearing included Andrews, Reps. Barney Frank (D-MA), Tammy Baldwin (D-WI), Carolyn MccArthy (D-NY), Yvette Clark (D-NY), Joe Klein (R-MN) and Tom Price (R-GA).

To watch the testimony, click here.

The parameters for the hearing were narrow, with no discussion about transgender health or other types of discrimination outside of employment. When Frank spoke about the importance of ending discrimination on the basis of gender identity, there was also no mention of the recent controversy over the 2007 Employment Non-Discrimination Act (ENDA) and Frank's role in it. Frank and other members of Congress dumped "gender identity" from ENDA in hopes that the bill's protections against discrimination on the basis of sexual orientation would get through the House (the bill didn't pass). The hearing was co-organized by the Human Rights Campaign, who many have blamed for contributing to the ENDA fiasco. HRC Senior Policy Associate David Stacy said, "At the time it wasn't our decision to move forward on a noninclusive bill and we fought very hard to pass an inclusive bill. Educating members has to continue. This is the first step in a longer term process."

Despite the ENDA baggage, advocates considered the hearing a success.

"The hearing went great, mostly by virtue of the fact that it went at all," said Mara Keisling, executive director of the National Center for Transgender Equality. The Congressmen on the committee appeared supportive of the four transgender individuals who spoke of the discrimination they faced in the upper echelon of employment.

One of the transgender people who testified was already looking ahead. "The next steps are for transgender people and our allies across the country to meet with members of Congress," said Diego Sanchez, director of public relations and external affairs at AIDS Action Committee of Massachusetts and a member of the HRC Business Council."

Four Pioneers

The four transgender folks who testified at the hearing spoke eloquently of both the discrimination they've suffered and fulfillment they have found as trans Americans. All had reached the top of their fields.

Shannon Price Minter, legal director of the National Center for Lesbian Rights who argued the California marriage equality case, is a transgender man, but mostly spoke in his testimony about transgender people whose voices couldn't be heard. "Growing up as a transgender young person in rural East Texas, I never would have dreamed of having this opportunity to address our nation’s legislators," he said. "I am keenly aware, as I am sure my fellow witnesses are as well, that we speak to you on behalf of your transgender constituents across the country, whether it be others living in rural Texas, suburban New Jersey, or metropolitan Minneapolis.

Diane Schroer, a retired army Colonel spoke about being denied a new position as Specialist in Terrorism and International Crime with the Congressional Research Service of the Library of Congress when the supervisor learned she was transitioning from from male to female. "I knew that whether I was David, or Diane, I would provide excellent research support to the Congress. I had truly thought that my future supervisor at CRS would feel the same way," Schroer said.

Megan Stabler, a software business executive and member of the HRC Business Council, said in her statements, "Since I openly transitioned, I have received a number of job demotions: I am no longer a senior executive. As a result, I have seen significant salary reductions, along with reductions in my participation and involvement in meetings and business decisions," "As a result, I face a monthly struggle to keep my house payments and related bills, whilst ensuring that I pay court ordered child support. I have had to use much of my savings to make up shortfalls and bill payments, including my daughter's educational needs."

In 2003, Sabrina Marcus Taraboletti, a former NASA engineer, was summarily fired six weeks after announcing that she was changing her sex from male to female. Taraboletti testified, "After assigning security personnel to follow my every move, charges were drummed up, and I was suspended without pay pending a board hearing for dismissal. I was escorted off the space center grounds and told not to return. I was told the actions were the result of an investigation initiated by an anonymous hotline call. To my knowledge, I was the fourth person attempting transition at the space center while trying to keep their job. The first three before me also failed."

Sanchez testified about his experience as businesswoman of color who transitioned successfully. "The fact is that I have been able to work throughout my career, and there was an emotional cost of not being able to transition later in life," he told the Update.