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Lesbian, Gay, Bi, and Transgender.
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4/23/2015 11:51:43 PM
Posted: 1 year ago
I personally believe that LGBT discrimination or harassment claims should fall under the sex discrimination category in violation of Title VII of the Civil Rights Act of 1964. This is because we do not conform to the socially acceptable roles of the binary gender system, which goes to include gender identity, gender expression, and sexual orientation.
I would argue that gender is arbitrarily assigned under the binary gender system based on a persons sex organs, and gender roles arbitrarily assigned under basic sex stereotypes. These roles are usually learned during childhood and often carried out through adulthood. However, the binary gender system is also flawed, because it only recognizes two sexes, and overlooks disorders of sex development, ambiguous sex organs, and intersexed people. Furthermore, gender can be viewed on a spectrum rather than associated with a persons sex organs, given consideration to those who experience gender dysphoria. However, many religious beliefs are constructed under patriarchy, and the binary gender system and raises concern toward accommodating regions practices for employees with gender identities not aligned with their assigned gender at birth.
Under Title VII, employers are legally required to reasonably accommodate an employees religious beliefs and practices, unless doing so, would cause more than minimum burden on the operation of the employer's business. This means that the employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices. Alternatively, an employer does not have to accommodate an employee's religious beliefs or practices if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.
Similarly, I believe that gender identity and gender expressions should be accommodated for in the workplace, unless it poses undue hardship to the operation of the employers business. One major concern for those with a gender identity that does not align with the gender they were assigned at birth, is the ability to socially, legally, and medically transition from their assigned gender to their preferred gender identity, and benefit equal employee opportunities as listed under Title VII. Some of these accommodations may include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies and practices.
An employee should be able to socially transition from their assigned gender to their preferred gender identity, which may be accommodated for with use of preferred names, preferred gender pronouns, and allowing them to express their gender expressions through behavioural expressions and presentation. Some behavioural expressions may include use of public restrooms of their preferred gender, identify with names usually associated with the opposite sex, identify with their preferred gender identity, and present other behavioural expressions usually associated with members of the opposite sex. Presentation may include wearing clothes associated with members of the opposite sex, medically transitioning to their preferred gender identity, and present them self in a romantic relationship with members of their preferred sex or gender under the same practices and policies of those who conform to the socially acceptable roles of the gender binary system, free of discrimination and harassment.
Under Title VII, an employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment. An accommodation to religious practices may include neutral gender pronouns, and refrain from preferred name. Alternatively, employees should not be subjected too misgendering and use of non-preferred names as an accumulation to religious beliefs and practices.