This bill was introduced by Sen. Dean Heller (R-NV) as S.83 on January 7, 2015.

Summary

This bill amends the Fair Labor Standards Act of 1938 to prohibit employers from retaliating against an employee in response to a sex discrimination complaint or if an employee discusses their wages with another employee. “Sex discrimination” includes gender identity and expression due to the precedent set by the U.S. Equal Employment Opportunity Commission’s ruling that gender identity and expression are covered under Title VII’s prohibition of sex discrimination. 

PFLAG Talking Points

  • Transgender people are paid less than cisgender people. According to a 2013 report from the Movement Advancement Project, 15% of transgender people make less than $10,000 per year compared to 4% of the population as a whole. This bill will help protect transgender people who resist this wage gap from employers.
  • Transgender people are mistreated and discriminated against at work with alarming frequency. According to the same 2013 MAP report, 40% of transgender people face discrimination in the workplace. Though this bill will not prevent all forms of discrimination, it will protect transgender people from mistreatment and harassment from employers when resisting workplace discrimination.
  • Discriminatory employers need to be held accountable. This bill will help hold transphobic employers accountable for their actions by preventing them from stifling the voices of transgender employees.
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