Washington Markup

Why ENDA's Religious Exemption Must Be Narrowed

By Ian S. Thompson, ACLU Washington Legislative Office & Dena Sher, ACLU Washington Legislative Office at 10:21am

Remarkably, there are only 16 states that currently have workplace non-discrimination laws that are fully inclusive of LGBT people. This leaves LGBT people vulnerable to workplace discrimination in well over half of the country–an unacceptable situation that must be changed.

To address this, last week, the Employment Non-Discrimination Act (ENDA) was reintroduced in Congress. The legislation would prohibit employment discrimination based on sexual orientation and gender identity in most American workplaces, a critically important step towards full equality for LGBT people.

Truly Dishonorable: Military Justice System Betrays Survivors of Sexual Assault

By Elayne Weiss, Washington Legislative Office at 4:49pm

Rebekah Havrilla, a former Army sergeant, received no justice after she was raped by a fellow soldier while serving in Afghanistan.

On Wednesday, Rebekah testified before the Senate Armed Services Personnel Subcommittee at a hearing on military sexual assault, recounting her traumatic and downright appalling time serving in a command culture that tolerated sexual assault and harassment. Her subsequent experience with the military justice system re-traumatized her after she decided to come forward and report her rapist.

On the First Anniversary of Wal-Mart v. Dukes: Stand Up or Be Trampled

By Deborah J. Vagins, ACLU Washington Legislative Office at 10:27am
Image above: Betty Dukes with Senator Al Franken. The author, Deborah Vagins, to the immediate right, joined by coalition partners.

Over a decade ago, I had the great honor to be part of a team representing Betty Dukes, an employee at Wal-Mart who had received unfair treatment at her job and had decided to do something about it. Betty soon became the face of a large class of women who worked at Wal-Mart and faced similar types of discrimination in the workplace. These women banded together, from all across the country, to take on sex discrimination at one of the world’s largest employers—and through it all, Betty Dukes remained at the forefront fighting for justice. “In this life,” said Betty, “you have to stand up or be trampled.”  The ACLU co-authored a brief before the Supreme Court, joined by a large number of civil rights groups, highlighting the gender stereotypes that the women were banding together to challenge.

MARCH Onward for our Military Women!

By Vania Leveille, Washington Legislative Office & Elayne Weiss, Washington Legislative Office at 3:01pm

Enactment of last year's National Defense Authorization Act brought about a long overdue and welcome change on the military health care front by allowing military women and dependents to receive insurance coverage for abortion in cases of rape or incest. But the work to ensure that servicewomen's reproductive health needs are met is not nearly complete.

That's why we applaud the introduction in the Senate of the Military Access to Reproductive Care and Health (MARCH) for Military Women Act. Sponsored by Sen. Kirsten Gillibrand (D-N.Y.) and 14 other stalwart supporters of our military women and families, the bill would allow servicewomen to use their own private funds to access abortion care on military treatment facilities. Earlier in the month, Rep. Louise Slaughter (D-N.Y.) introduced a House companion bill, cosponsored by 40 representatives.

It's Time to Extend Abortion Coverage to the Women of Peace Corps

By Elayne Weiss, Washington Legislative Office at 12:41pm

When John F. Kennedy signed the executive order creating the Peace Corps over fifty years ago, he said, "Life in the Peace Corps will not be easy. There will be no salary, and allowances will be at a level sufficient only to maintain health and meet basic needs." It's true that life in the Peace Corps isn't easy, but unfortunately, our government is failing to live up to the rest of this promise when it comes to providing for the reproductive health needs of Peace Corps volunteers, who selflessly give their time and energy to help communities in developing countries.

Let's Be Clear: Transgender Discrimination IS Sex Discrimination

By Ian S. Thompson, ACLU Washington Legislative Office at 12:10pm

Recently, the ACLU and numerous allied coalition partners wrote to the U.S. Department of Health and Human Services (HHS) to request that HHS issue guidance to make clear that the Patient Protection and Affordable Care Act’s prohibition on sex discrimination applies to discrimination based on gender identity and sex stereotypes.  The fact that someone is transgender or does not conform to stereotypical notions of masculinity and femininity should never be a barrier to accessing health care services.

Obama Promised to Stop Government-Funded Discrimination. Has He?

By Dena Sher, ACLU Washington Legislative Office at 3:51pm

Four years ago last month, then-candidate Barack Obama promised to ensure that religious organizations that receive government funds to provide social services abide by the Constitution and are not allowed to discriminate with government funding. Today, we sent Freedom of Information Act (FOIA) requests to the Department of Justice to follow up on that promise.

Abortion Ban Plays Politics with Women’s Health

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 10:03am

The House Judiciary Committee has held eight anti-abortion or anti-family planning votes or hearings so far this Congress.  This morning, they’re scheduled to make it nine.  The Committee will be considering the so-called “District of Columbia Pain-Capable Unborn Child Protection Act,” which would ban abortion in the District of Columbia at 20 weeks.   

PREA Rule: DOJ Takes First Steps to Protect Prison Rape Victims

By Amy Fettig, ACLU National Prison Project at 12:05pm

Last Thursday’s release of the long-delayed national Prison Rape Elimination Act (PREA) regulations by the Department of Justice reminds us of the hundreds of prison rape victims we’ve heard from over the years who could not seek justice because the prison officials who failed to protect them were essentially immunized from liability by a 1996 federal law, the Prison Litigation Reform Act (PLRA). The announced purpose of the PLRA was to curb the filing of frivolous litigation by prisoners. In reality, the law makes it

Pregnancy Discrimination: Another Battleground in the War on Women

By Ariela Migdal, ACLU Women's Rights Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office at 12:32pm

Access to birth control, forced ultrasounds – lately there’s been a lot of news about efforts to roll women’s rights back by decades. Less attention has been paid to the way in which pregnant women and nursing mothers have been stuck in the 1970s, or worse, when it comes to workplace equality.

Yesterday, the ACLU submitted comments to the Equal Employment Opportunity Commission – the body that enforces federal civil rights employment law – explaining how courts have been ignoring the basic premise of the Pregnancy Discrimination Act, and leaving women in the lurch.