The Honorable George Miller, Chairman
Committee on Education and Labor
U.S. House of Representatives
The Honorable John Kline, Ranking Member
Committee on Education and Labor
U.S. House of Representatives
September __, 2009
Dear Chairman Miller and Ranking Member Kline:
On behalf of the Transgender Law Center (TLC), we are writing to provide you with information
showing why it is crucial that the House Committee on Education and Labor support the
Employment Non-Discrimination Act (ENDA).
TLC is a California statewide, non-profit, civil rights organization advocating for transgender
communities. Created in 2002 in response to the overwhelming discrimination that transgender
people and our families face in nearly every institution in California, we utilize direct legal services,
education, community organizing, and policy and media advocacy to overcome this discrimination
and help the state become one where every person’s gender identity is respected and supported. We
provide legal information and assistance to over 1,000 transgender and gender non-conforming
people per year. Approximately 10 - 15% of the inquires we receive are related to employment.
We also provide technical advice and assistance to private attorneys representing transgender and
gender non-conforming clients. Accordingly, TLC has extensive knowledge of the widespread
pattern of discrimination against transgender and gender non-conforming workers.
In 2008, TLC conducted the first California statewide survey documenting the financial,
employment, health and housing experiences of transgender Californians. With data from nearly
650 respondents, we worked with a team of social scientists to create The State of Transgender
California: Results from the 2008 CA Transgender Economic Health Survey. The outcomes are
stark. The State of Transgender California confirms that transgender and gender non-conforming
people experience overwhelming discrimination and marginalization in employment based on
their gender identity. A copy of The State of Transgender California is attached, and the
findings are discussed throughout this statement.
The protection that ENDA would provide is crucial to ensuring that transgender and gender nonconforming employees are able to work in an environment that is safe, respectful and
professional, regardless of gender identity.
Transgender People Are Well Qualified to Work in a Variety of Industries, Yet Face
Significant Economic Barriers
The State of Transgender California reveals that transgender people who responded to the survey
have remarkably high education levels. Respondents are almost twice as likely to hold a bachelor’s
degree as the general California population. Ninety-four percent of the transgender respondents over
the age of 25 hold a high school diploma or equivalent compared to 80% in California generally. Overall
46% of transgender people with a Bachelor’s degree or higher compared to 29% of general California
population.
Nonetheless, transgender people are disproportionately represented below the poverty line. According to
the most recent State census, approximately 11.7% of people 18-64 years old in California live below the
national poverty level of $10,400 for single adult households. Yet 1 in 4 transgender people in
California earned wages below the national poverty level. This disconcerting trend continues, even at
higher education levels. The average income for all individuals with a Bachelor’s degree residing in
California is over $50,000. The average yearly income for transgender respondents with a Bachelor’s
degree was below $30,000 – 40% less than the average college graduate in California.
The State of Transgender California also found that respondents who were employed work in a
variety of fields and occupations. Thirty-nine percent work in the private sector, 28% work in
the non-profit sector, 16% work in government, and 16% are self employed. Despite high
education levels and experience in a broad range of fields, less than half of respondents are
currently employed full-time. The overall unemployment rate for transgender persons was
twice the statewide average for the period this survey was administered.
Transgender People Face a Widespread Pattern of Discrimination and Harassment In
Employment
Discrimination and harassment based on gender identity is a reality for transgender and gender nonconforming workers. According to The State of Transgender California, two thirds of transgender
Californians, or 67% report some form of workplace harassment or discrimination directly related
to their gender identity. This harassment and discrimination ranged from verbal harassment to unfair
scrutiny or discipline to termination of employment. Almost half of the surveyed population reports that
they had experienced some loss of employment either directly as a result of their gender identity or as a
possible result of their gender identity.
There was no difference between experiencing discrimination and type of employer. The widespread
pattern of discrimination and harassment face by transgender workers exists in private companies, in the
non-profit sector, and in government.
Discrimination Against Transgender Employees Is Under-Reported
Despite widespread employment discrimination, only 15% of those transgender Californians
who reported some form of discrimination or harassment filed a complaint. California has
explicit protections against workplace discrimination based on gender identity, and still reporting
rates are shockingly low. One can assume that reporting rates in states without such protections
are far lower. Without explicit federal protections, state and local employees are not only
vulnerable to discrimination, but are also less likely to speak out about it or make complaints out
of fear of retaliation by the employer, and a lack of legal recourse for such discrimination or
retaliation.
The findings in The State of Transgender California are made even more compelling by the fact
that the survey was conducted exclusively in California. Our state has strong employment nondiscrimination laws that support safer and more effective integration of transgender people into
the workplace. However, a lack of Federal protections has a tremendous effect on the
transgender community nation-wide. Every week transgender people living in states without
protective legislation call TLC. These hard working Americans have little to no recourse in their
home states.
Allowing employers to make decisions about hiring, firing, promotions, and discipline based on
a worker’s identity goes against America’s core value of equal opportunity. All too often, we see
transgender Americans forced out of successful careers when they express their gender identity.
Many transgender people fear and experience discrimination and therefore must either hide who
they are, to the detriment of their health; leave jobs they love in order to transition without
risking termination; or face rampant harassment and discrimination in their current workplace.
Federal protection from discrimination and harassment based on gender identity would liberate
the transgender community from this stark reality. Such legislation would allow transgender
Americans to continue contributing to our country’s workforce without fear of being terminated
simply because of who we are.
We urge the Subcommittee to recognize this issue of basic fairness. Transgender Americans
deserve to be ourselves in a workplace where we are judged exclusively on our ability to do our
jobs. Work is an integral part of our lives, of who we are, just like our gender. No American
should have to choose between their gender, and making a living. Thank you for your time and
for your attention to the serious discrimination facing tens of thousands of workers in the U.S.
that passage of ENDA would address.
Sincerely,
Masen Davis
Executive Director
Transgender Law Center