100 Days Out: Trump v. Biden on LGBTQ Equality in the Workplace

by HRC Staff

Post submitted by Lucas Acosta (he/him), former Deputy Director of Communications, Politics

HRC is highlighting key attacks from the Trump-Pence administration and the commitments from the Biden administration to undo those attacks and build a better future for LGBTQ people.

Over the coming days, HRC will be highlighting the key attacks from the Trump-Pence administration and the commitments from the Biden administration to undo those attacks and build a better future for LGBTQ people. We begin with some of the most critical issues at hand, Trump and Biden on LGBTQ equality in the workplace:

TRUMP’S ATTACKS 

  1. Opposition to the Equality Act: Despite support from almost every segment of the U.S. population and a majority of Republicans, President Trump opposes the Equality Act. In May 2019, the House passed the Equality Act, voting to guarantee critical non-discrimination protections for LGBTQ people among other crucial rights. Following Trump’s lead, Mitch McConnell will not even give the bill an up or down vote.
  2. Supported employment discrimination against LGBTQ people: The Trump administration submitted amicus briefs to the U.S. Supreme Court supporting discrimination against LGBTQ people.
  3. Banned transgender service members from the military: Against the expert advice of military leadership, medical authorities, budget analysts, 70% of Americans and the armed forces of allied countries, Trump and Pence banned transgender people from serving in the military.
  4. Rolled back Obama-era non-discrimination protections: Trump’s Department of Justice upended previous DOJ interpretations of the Civil Rights Act that protect transgender and non-binary workers from employment discrimination and ceased enforcing non-discrimination protections as well as taking a hostile stance to LGBTQ workers in court.
  5. Issued rule to license discrimination: Trump’s Department of Labor issued a regulation designed to allow federal contractors to claim a religious exemption to fire LGBTQ workers because of their sexual orientation or gender identity.
  6. Kicked people living with HIV out of the military because of their status: The Department of Defense instituted a “Deploy or Get Out” policy, which would remove military personnel living with HIV from service solely because of their status.
  7. Created a hostile work environment for LGBTQ federal employees: According to Politico: “[The Trump administration] fostered a climate where six staffers who are LGBT described removing their wedding rings before coming to work in the morning, taking down photos of their partners and families or ultimately finding new jobs further away from certain political appointees. They did not want to be identified; two said they feared being reassigned for being gay.”

BIDEN’S RECORD AND PLANS

  1. Passing the Equality Act: Joe Biden has committed to passing the Equality Act, comprehensive nondiscrimination protections for LGBTQ people.
  2. Promised to expand opportunities for transgender and gender non-conforming people: As part of his LGBTQ plan, Biden has promised to provide funding for workforce and entrepreneurial training programs for the LGBTQ community including programs that specifically help prepare transgender and gender non-conforming people for the workforce and encourage entrepreneurship.
  3. Promised to Reaffirm Civil Rights Act protections for LGBTQ people:  Even before the Supreme Courts’ historic decision affirming LGBTQ protections in Title VII of the Civil Rights Act, Biden promised to reaffirm that interpretation of law and reverse contrary DOJ interpretations.
  4. Praised the Supreme Court Decision affirming LGBTQ protections with Title VII of the Civil Rights Act: The day the Court made their historic decision, Biden praised it in a Medium post.
  5. Repealed Don’t Ask, Don’t Tell: In 2010, the Obama-Biden administration led the charge to repeal Don’t Ask, Don’t Tell and expand LGBTQ  inclusion in the military.
  6. Lifted the ban on transgender troops: Prior to Trump’s issuance of the ban yet again, the Obama Biden Department of Defense was able to reverse an internal ban on openly transgender service members.
  7. Promises to reverse the Trump “Trans Military Ban”: Biden has committed to reversing Trump’s transgender military ban and directing the Department of Defense to allow transgender service members to serve openly.
  8. Reverse Trump’s “Deploy or Get Out” Policy: Biden has committed to reversing Trump's policy to forcibly discharge members of the military who live with HIV.  
  9. Review Discharges based in anti-LGBTQ bias: Biden has committed to reviewing LGBTQ veterans discharged due to their LGBTQ identity have the opportunity to have their discharges reviewed and possibly reversed.
  10. Promises to reverse the Trump “Trans Military Ban”: Biden has committed to reversing Trump’s transgender military ban and directing the Department of Defense to allow transgender service members to serve openly.
  11. Reverse Trump’s “Deploy or Get Out” Policy: Biden has committed to reversing Trump's policy to forcibly discharge members of the military who live with HIV.  
  12. Review Discharges based in anti-LGBTQ bias: Biden has committed to reviewing LGBTQ veterans discharged due to their LGBTQ identity have the opportunity to have their discharges reviewed and possibly reversed.