Proposed Policy May Protect Transgenders

Proposed policy may protect transgenders
County supervisor requests that gender identity be added to anti-discrimination law

By Michelle Maitre
STAFF WRITER FOR THE ARGUS

Sunday, December 12, 2004 - An Alameda County supervisor is asking the county to expand its anti-discrimination policies to prohibit bias on the basis of gender identity. County policies currently prohibit discrimination based on sexual orientation, but Supervisor Keith Carson has authored a resolution asking the county to amend its policies to grant protected status to individuals who do not fit into traditional gender roles, such as cross-dressers and transgender individuals.

The death of Newark resident Gwen Araujo, a transgender teen who was born biologically male but lived as a woman, recently brought attention to transgender issues. Prosecutors allege Araujo was slain in 2002 after her biological gender was discovered.

Carson said members of the gay community approached him about the resolution, which will apply to county employment codes. The county has not updated its discrimination policies since 1990, when transgender people and issues of gender identity were not as well known. "The gay community wanted an update in terms of a definition of gender that includes transgenders," Carson said. "Hopefully, it's just a formality."

Carson's resolution will be presented Monday to a two-person board subcommittee that handles personnel, administration and legislative issues. If the committee approves the resolution, it will be forwarded to the full board for final approval.

The resolution defines gender identity as "a person's sex or gender-related identity, appearance and behavior, whether or not stereotypically associated with a person's assigned sex at birth." It would apply to Jamison Green, who sits on the board of the Transgender Law and Policy Institute, a nonprofit that advocates for transgenders. Green said a number of cities and counties have similar policies on the books.

According to the institute's Web site, four states, including California, 10 counties and 59 cities, including Oakland, have similar policies.

"It's a great idea that really covers very basic human characteristics and some discriminatory behavior that people don't deserve to have," said Green, a county resident who worked with Carson's office on the resolution.

The proposed amendment would extend protections to people who are seen as out of character with traditional gender roles -- such as a woman perceived as very masculine -- as well as more obvious behaviors, such as cross-dressers and transsexuals.

"Why should somebody be targeted for adverse treatment just because they're wearing clothing somebody disapproves of?" Green said.

The Personnel/Administrative/Legislative Committee meets at 1:30 p.m. Monday in the board conference room on the fifth floor of the County Administrative Building, 1221 Oak St., Oakland.