Nondiscrimination Protections Research Articles

Healthcare experiences of urban young adult lesbians.

Purpose:This cross-sectional study of young adult lesbians explores their healthcare experiences including having a primary care provider, forgone care, knowledge of where to obtain Pap testing, and sexually transmitted infection testing.Methods:Quantitative surveys were conducted at lesbian, gay, bisexual, and transgender venues and events with a sample of 100 young adult lesbians in New York City between June and October 2016. Using the Andersen model of healthcare access, this study examined associations between sociodemographic characteristics and healthcare experiences using multivariable logistic regression models.Results:Having a primary care provider was associated with having health insurance (adjusted odds ratio (AOR) = 4.9, p < 0.05). Both insurance (AOR = 0.2, p < 0.05) and employment (AOR = 0.2, p < 0.05) status were protective against foregone care among young adult lesbians. Disclosure of sexual orientation to a provider improved knowledge of where to access Pap testing (AOR = 7.5, p < 0.05). Disclosure of sexual orientation to friends and family improved knowledge of where to access sexually transmitted infection testing (AOR = 3.6, p < 0.05).Conclusion:Socioeconomic factors are significantly associated with healthcare access among young adult lesbians in New York City. Maintaining non-discrimination protections for both healthcare services and insurance coverage are important for this population. In addition, financial subsidies that lower the cost of health insurance coverage may also help improve healthcare access among young adult lesbians.

Legal Challenges in Genetics, Including Duty to Warn and Genetic Discrimination.

This review will explore two legal issues in genetic counseling: genetic discrimination and the duty to warn. It emphasizes the complexity and variability of federal and state genetic nondiscrimination protections in the United States and how the many gaps in such protections may affect people pursuing genetic testing. The limited law addressing legal obligations genetic counselors owe at-risk relatives likely does not require counselors to warn relatives directly about genetic risks. Whether it permits them to make such disclosures, however, is more uncertain and may depend on the jurisdiction.

A Red-State View of Religious Liberty and Non-Discrimination Protection for LGBT People

Kelsy Burke and Emily Kazyak on Nebraskan attitudes.

ACA Heads Back To Supreme Court.

The high court will consider risk corridors payments as developments continue in areas like HRAs and contraceptive coverage.

Sociopolitical change and transgender people's perceptions of vulnerability and resilience.

Transgender and gender nonconforming (TGNC) people have gained visibility in public discourse leading to greater awareness, understanding, and social change. However, progress made in policies to combat stigma and improve public accommodation and healthcare for this minority population have been targeted for reversal, particularly since the 2016 presidential election. This study investigated the impact of changes in sociopolitical climate on perceptions of vulnerability and resilience among participants of a longitudinal study of transgender identity development. We randomly selected 19 TGNC participants in New York, San Francisco, and Atlanta, and conducted in-depth interviews about their perceptions of societal progress and setbacks, community engagement, and desired future change. Participants ranged in age from 18 to 68; half (47.4%) identified their gender identity along the feminine spectrum (male assigned at birth) and the other half (52.6%) along the masculine spectrum (female assigned at birth). Content analysis revealed that greater media visibility was perceived as both positive (improved awareness of needs) and negative (increased vulnerability to stigma). Setbacks included concerns about personal safety, the safety of others (particularly those with multiple stigmatized identities), healthcare access, and policies regarding public accommodation and nondiscrimination protections. Coping strategies included social support, activism and resistance, and an enduring sense of optimism about the future. TGNC Americans, in spite of a long history of adversity, are resilient. Participants demonstrated unwavering motivation to create a better future for themselves, other minorities, and society. Research is needed to quantify the impact of policy changes on health and wellbeing, and identify moderators of resilience amenable to intervention.

Absent Inclusion Polices: Problems Facing Homeless Transgender Youth

Transgender individuals make up a disproportionately high percentage of homeless youth. This is due to conflict with their family, harassment in schools, or negative interactions with child services. In addition to the typical needs of homeless youth, questions arise regarding housing, changing the youth’s name and gender, and access to healthcare. Analysis examines what protections and services subnational governments provide to homeless transgender youth as of 2016. The findings indicate that state and local governments provide most nondiscrimination protections for these youths, with local government outreach programs specializing services for homeless and transgender populations. It is more common for states not to have nondiscrimination policies for the lesbian; gay; bisexual; and transgender community. However, several states have extensive protections for transgender individuals to remove discriminatory practices that contribute to homelessness, such as in housing or foster care. Findings also show that more than 350 municipalities have policies that explicitly protect the transgender community. These policies typically ban discrimination in policy areas, like education and employment, but some local governments went beyond these basic protections to serve vulnerable populations better. Although few governments formally create policies to work with homeless and transgender populations, more than a quarter of governments offer testing and treatment for HIV.

PERLINDUNGAN HUKUM PEKERJA WANITA TERHADAP SISTEM PENGUPAHAN YANG LAYAK SEBAGAI REFLEKSI HUBUNGAN INDUSTRIAL YANG SELARAS DAN SERASI

Employment is an incessant constitutional issue The employment cases spread across the country, such as labor strikes due to low wages and benefits not granted or met by the company, termination of employment committed by the company on the grounds efficiency of employment without severance pay, employment for days to be sent out of the country without feeding and daily necessities, fraud of prospective workers by paying some millions of rupiah administration money by fictitious and discriminatory companies against women workers. As one aspect of development, the workforce needs protection in all aspects, including protection of employment at home and abroad, protection of basic rights, protection of occupational safety and health, non-discrimination protection and wage protection and so on. In addition to the remuneration of the worker, in the case of an employer allowance shall be obligated to provide to his workers, as stipulated in the Regulation of the Minister of Manpower No.. 6 Year 2016 on Religious Days Allowance For Workers / Workers in Company. The current labor problem continues to grow especially for women and therefore requires a more serious handling despite the direction and implementation of Law Number. 13 of 2003 on Employment is implicitly existing in providing protection to workers, especially women workers, legal protection efforts are done by prevention (preventive) and repression (repressive). Countermeasures are done by way of socialization to the community, but in its implementation there are still many women workers who do not know and understand the rules that apply. When we look, the existing labor regulations still place the workforce in an unfavorable position. With the various phenomena above, we expect the Law Number. 13 of 2003 on Manpower (hereinafter abbreviated as UUKK) and other regulations may restore the image of Indonesian employment so that the problems of employment can be overcome well which finally creates the protection of women workers law against the proper wage system as a reflection of harmonious and harmonious industrial relations especially the balance between employers and workers.Efforts to protect the law is done by prevention (preventive) and repression (repressive). Handling is done by way of socialization to the community. Although the government has done a lot of actions, but the efforts made by the Indonesian government in the framework of the protection of this workforce has not produced maximum results.

Raising the Stakes for Nondiscrimination Protections in the ACA.

In the struggle over the durability of the Affordable Care Act, defenders of the ACA stand guard at many fronts. A major contribution of the ACA to nondiscrimination law, however, appears increasingly vulnerable. The ACA established significant new nondiscrimination protections for patients under section 1557 and its implementing regulations. Several of these regulations-including protections on the basis of gender identity and pregnancy termination-are now under reconsideration at the Department of Health and Human Services, after a nationwide injunction lasting almost a year. Nondiscrimination laws matter, of course, because they promote equal access to health care. But focusing on discriminatory behavior alone is a narrow view of the purpose and potential of nondiscrimination rules-and underestimates the stakes of softening section 1557. To evaluate these protections, we must consider not only their impacts on discriminatory behavior but also their behavioral and attitudinal impacts on patients and communities. This is because supportive or stigmatizing rules can exert an expressive effect: laws communicate information about prevailing social norms, they give some norms greater authority by virtue of the state's support, and they can shape community values. Through these expressive impacts, nondiscrimination laws may affect not only discriminatory behavior in health activities but also the attitudes, beliefs, and decisions of people who are legally protected.

Social Ecological Correlates of Family-Level Interpersonal and Environmental Microaggressions Toward Sexual and Gender Minority Adolescents.

Microaggressions are associated with mental and behavioral health problems and are common experiences for sexual and gender minority adolescents (SGMA). Little is known about the social ecological correlates of family-level interpersonal and environmental microaggressions for SGMA. Utilizing a national sample of SGMA (N = 1,177), this study (a) identified the frequencies of family-level interpersonal and environmental microaggressions by participant demographics and (b) examined individual-, family-, and structural-level factors associated with interpersonal and environmental microaggressions. Outness to parents, a transgender or genderqueer identity, and higher levels of gender role non-conformity were associated with higher frequencies of interpersonal microaggressions. Higher levels of family-level child maltreatment and religiosity were associated with higher frequencies of interpersonal and environmental microaggressions. State-level non-discrimination protections were associated with lower frequencies of environmental microaggressions. Suggestions for increased individual-level support for gender non-binary adolescents as well as family targeted preventive strategies are discussed. Areas for future research are highlighted.

Degrees of Acceptance: Variation in Public Attitudes toward Segments of the LGBT Community

The lesbian, gay, bisexual, transgender (LGBT) community includes a diverse set of groups, including distinct groups based on sexual orientation and/or gender identity, but it is not clear whether the public makes distinctions in their attitudes toward these subgroups. If they do, what factors motivate individuals to evaluate gays and lesbians differently from transgender people? This study analyzes Americans’ attitudes toward these communities, and it evaluates their support for nondiscrimination protections. We find that public attitudes are significantly more negative toward transgender people and policies pertaining to them than they are toward gay men and lesbians and related policies. The analyses reveal that differences in these attitudes are associated with social contact effects, variation in cognitive consistency, elite cues, and the varying magnitudes of key political factors, such as religiosity and partisanship.

What an Emerging Trump Administration Means for Lesbian, Gay, Bisexual, and Transgender Health.

The policies of the Trump administration are likely to have direct and indirect implications for lesbian, gay, bisexual, and transgender (LGBT) health. With the assistance of a Republican-controlled Congress, President Trump may repeal President Obama's health reform law, undermine same-sex marriage laws and other nondiscrimination protections, reduce funding for research on sexual and gender minority health, and institutionalize discrimination through new legislation, such as the First Amendment Defense Act. Public health researchers, healthcare providers, and professional organizations must continue to combat discrimination and advocate for LGBT health equity under an emerging Trump presidency.

The Nonsense About Bathrooms: How Purported Concerns over Safety Block LGBT Nondiscrimination Laws and Obscure Real Religious Liberty Concerns

Although Americans overwhelmingly believe that LGBT people should not be turned away from a business open to the public just for being gay or transgender, no state has enacted protections for all LGBT people against being told that “we don’t serve people like you.”This Article traces the impasse over new state legislation banning discrimination on the basis of sexual orientation and gender identity (“SOGI”) to one critical assertion: that ensuring LGBT people “equal enjoyment of facilities” means that men will now be allowed “in women’s bathrooms,” threatening the safety of others. Although the claim that SOGI nondiscrimination laws expose the public to victimization by sexual predators reaches back to 2008, it reached a crescendo in 2015 when opponents defeated Houston’s Equal Rights Ordinance by tagging it as a “bathroom bill, and 2016 when North Carolina legislators wiped aside a Charlotte ordinance that was silent about facility access, requiring in- stead that businesses defined as “public accommodations” must require patrons to use the bathroom matching the sex of their birth.”Despite the punishing treatment of North Carolina after H.B. 2, the 2017 legislative year opened with a raft of bills designed to force individuals to use the bathroom matching the sex of their birth. While proponents of these bills claim that extending nondiscrimination protections to the LGBT community imperils public safety, this Article argues that this claim is not predicated on evidence about—or risks from—trans people. Sex offenders are the source of this threat, as affidavits filed in support of North Carolina’s defense of H.B. 2 acknowledge.Notably, the bathroom narrative has served to obscure pressing religious liberty issues, such as how nondiscrimination laws should interact with—or give way to—religious convictions on questions of sexuality in religious spaces, like the nature of gender itself. This Article concludes that SOGI nondiscrimination laws are necessary to advance human dignity and to secure “a level playing field so that all persons can enjoy the fruits of their labor.” Policymakers should therefore reject the case against SOGI nondiscrimination protections based on public safety. It is, however, incumbent on lawmakers to ensure that civil laws governing questions of sexuality do not inadvertently spill over to houses of worship and other places where religious believers should have discretion to decide such matters for their communities. This Article further concludes that it is possible to authorize businesses to open restrooms to LGBT persons in a way that ensures the safety, dignity, and privacy of all their patrons while respecting the religious convictions of people of faith.

Mental Health of Transgender Veterans in US States With and Without Discrimination and Hate Crime Legal Protection.

To examine whether indicators of community- and state-level lesbian, gay, bisexual, and transgender equality are associated with transgender veterans' mental health. We extracted Veterans Administration data for patients who were diagnosed with gender identity disorder, had at least 1 visit in 2013, and lived in a zip code with a Municipality Equality Index score (n = 1640). We examined the associations of whether a state included transgender status in employment nondiscrimination laws and in hate crimes laws with mood disorders; alcohol, illicit drug, and tobacco use disorders; posttraumatic stress disorder; and suicidal ideation or attempt. Nearly half (47.3%) of the sample lived in states with employment discrimination protection, and 44.8% lived in states with hate crimes protection. Employment nondiscrimination protection was associated with 26% decreased odds of mood disorders (adjusted odds ratio [AOR] = 0.74; 95% confidence interval [CI] = 0.59, 0.93) and 43% decreased odds of self-directed violence (AOR = 0.57; 95% CI = 0.34, 0.95). Understanding lesbian, gay, bisexual, and transgender social stressors can inform treatment and care coordination for transgender populations.

Genomics Governance in the United States and the United Kingdom

Technological innovation in the area of personalised genetic data poses novel regulatory concerns for state governance. Since personalised genetic data reveals highly sensitive and private information about a person’s susceptibility to illness, it may lead to stigmatisation, discrimination, and breach of privacy. Although legal arrangements for personal or medical data have always been governmental and legal concerns, the introduction of genetic technologies over the past two decades has breathed new life into the idea of privacy and non-discrimination protection for individuals and communities, leading to possible new types of social relationships that circulate in a global biomedical arena. Thus, our analysis of genetic information regulation is based on a comparative analysis of policy instruments by examining the appropriateness of various policy instrument choices made in the United States and in the United Kingdom for securing the rights for privacy, non-discrimination, and access to research benefits for individuals and communities.

Enclaves of Rights: Workplace Enforcement, Union Contracts, and the Uneven Regulatory Geography of Immigration Policy

Recent geographic research on U.S. immigration policy highlights the devolution of policy formulation and implementation to local state actors. This study extends this research by analyzing how labor unions shape the implementation of state immigration policy and innovate institutional practices that affect regulatory spaces for immigrants at the local level. Using a case study of the hotel union in Chicago and Los Angeles, this article examines the origin, content, and implementation of immigration provisions recently negotiated in the union's contracts. These contract provisions mediate the implementation of state immigration policies by specifying rules that govern employer actions in response to immigration enforcement activities by the Department of Homeland Security and other federal agencies, including admittance to the workplace, inspection of I-9 forms, and Social Security no-match letters. The contracts also establish nondiscrimination protections for immigrant workers, such as guaranteed leave to attend immigration proceedings. The legal codification of these protections and the robust practices of union enforcement yield “enclaves of rights” at the local level, further contributing to the highly uneven space of security for immigrant residents in the United States The article concludes by examining the possibility that unions—given their influence in local labor markets, their federated (or national) structures, and their role in the broader moral economy—could extend these rights beyond the confines of the enclave.

'Net Neutrality', Non-Discrimination and Digital Distribution of Content Through the Internet

The vast majority of US residential consumers face a monopoly or duopoly in broadband Internet access. Up to now, the Internet was characterized by a regime of “net neutrality” where there was no discrimination in the price of a transmitted information packet based on the identities of either the transmitter or the receiver or based on the application or type of content that it contained. The providers of DSL or cable modem access in the United States, taking advantage of a recent regulatory change that effectively abolished net neutrality and non-discrimination protections, and possessing significant market power, have recently discussed implementing a variety of discriminatory pricing schemes. This paper discusses and evaluates the implication of a number of these schemes on prices, profits of the network access providers and those of the complementary applications and content providers, as well as the impact on consumers. We also discuss an assortment of anti-competitive effects of such price discrimination, and evaluate the possibility of imposition of net neutrality by law.

The Extent of Public Education Nondiscrimination Policy Protections for Lesbian, Gay, Bisexual, and Transgender Students

This article examines education and governmental nondiscrimination policies to determine the status of anti-homophobia protections in the 51 states. A review of existing case law literature is provided to illustrate the effect homophobia has on all students, regardless of their sexual orientation, and to induce the development of new public education policy protections for lesbian, gay, bisexual, and transgender (LGBT) students. An Anti-Homophobia Policy Taxonomy (APT), composed of eight anti-homophobia nondiscrimination policy guidelines, was formulated exclusively for this study as a guide to classify and measure the extent of education policy protections for LGBT students in states with education policies that evidence sexual orientation nondiscrimination protections. This research found an absence of civil protections in education statutes and a dearth of parity in public policy and civil rights protections for all students regardless of their sexual orientation throughout the United States.

Rights Are Still Right: The Case for Disability Rights

A growing philosophical backlash suggests that rights may not be right. For those of us within whose earlier lifetimes patients had no rights, and women only, sharply curtailed ones, this prospect is worrisome. Of even more concern to me, as a person with a disability, is the related thought that we should abandon extending rights to the disabled before people like me can be fully caught up. For without having recourse to rights, how are we to rectify the neglect and exclusion people like us have suffered because we are intellectually, physically, or emotionally impaired? Proponents of feminist care and communitarian theories have argued that relying on rights fails precisely in the case of the disabled. Communitarians, for example, believe that, in general, people's acquisition of virtuous dispositions offers more collective benefit than their exercise of rights. They hold that disabled people do better when non-disabled people are motivated by other-related virtues because rights derive from and therefore ultimately cannot overcome--self-interested concerns. In a related argument, feminist care theorists point out that, while rights theories treat individuals as independent, some disabled people--and especially people with intellectual disabilities--could not survive independently. These theorists argue that for people who do not have the ability to claim or exercise them, rights are of little value. In this theoretical context, the case of disability, and intellectual disability in particular, is advanced to demonstrate the shortcomings of pursuing moral and political progress by expanding rights. The editors of The Human Rights of Persons with Intellectual Disabilities: Different but Equal appear not to have heard that rights may not be right. This is good, for the essays collected here offer important insights into the practical aspects of bringing about the liberation of people with intellectual disabilities worldwide. Most of the volume's nineteen essays attempt to place disability rights in the larger context of the international human rights movement. Generally speaking, the essays explore how the thesis of Article I of the Universal Declaration of Human Rights, namely, that all humans have equal and inalienable claims to dignity and freedom, offers people with intellectual disabilities equality of respect and treatment that is not merely homogeneous treatment. The relevant principle, different but equal, challenges governmental as well as nongovernmental organizations not only to develop legislation, but also to implement practices that result in genuine, concretely experienced improvements in disabled people's lives. This means that human rights advocates must learn to think of the disadvantages of disability not in medical terms, but in terms of a political power problem that can be solved by giving the disabled some control. But how do intellectually disabled people get and take control? The human rights approach to achieving this goal begins by launching a transnational program to expose biased and inhumane treatment of people with intellectual disabilities. The next step is to articulate an international standard of their rights and to have it ratified by treaty, while pursuing whatever constitutional or statutory protection of them can be invoked in litigation, nation by nation. Some chapters report on how these latter efforts have fared in differing venues, while others hypothesize about how they should fare. There are five sections to the volume, covering, in turn, what people with intellectual disabilities need in terms of their rights as human beings, how international and comparative law may be applied to redress violations of intellectually disabled people's human rights, national approaches to nondiscrimination protection for the disabled, integration of equality and difference in social policy, and the assumptions and ambitions of the intellectual disabilities rights movement. …