Florida Legislator Wants To Make It Illegal To Say Gay (Or Your Pronouns) At Work

Florida seems to be in a race with Texas and some other red states to see which can be the worst state for employees in the nation. Now a legislator has proposed a law (which will likely pass, because GOP be cray cray) that would be similar to the now-infamous Don't Say Gay bill but apply to workplaces. 

Some gems from this ridiculous-but-likely-to-become-law bill include:

Training is illegal: It would be illegal to provide training that included issues of gender expression, gender identity, or sexual orientation.

Pronouns are illegal: It would be illegal to discuss your preferred pronouns or for your employer to tell anyone else your preferred pronouns.

Misgendering is legal: It would be illegal for an employer to punish coworkers for deliberate misgendering.

This idiotic law would apply to state employees and nonprofits. So nonprofits that cater to the LGBTQ community would not be able to train employees, discuss pronouns, or punish employees for deliberate misgendering of trans people, including their clients. 

As I said, Florida is likely to pass this law, and our governor will, of course, sign it. So brace yourselves.

The good news is that LGBTQ discrimination is illegal under Title VII, so I'm sure there will be litigation over this. The Supremes are the ones that said Title VII applies to sexual orientation and societal expectations regarding gender roles. Will they reverse themselves? Very possibly.

Vote well friends. Vote blue in every single election if you want the crazy train to stop.

Florida Don't Say Gay Bill Arguably Requires 100% Gender Neutrality Until 4th Grade

 Florida teachers and school boards will have to be very careful now that the Florida legislature has passed the "Don't Say Gay" bill. It's actually called the "Parental Rights in Education" bill, and it addresses a number of issues. The big one, the most controversial one, is meant to keep teachers and schools from discussing LGBT issues in class. But that's not quite what it says.

Here's the provision:

Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards. 

Nowhere does the bill define either "sexual orientation" or "gender identity" to limit those terms to only LGBT issues. So we're left with the standard definitions of those terms. 

Websters defines "sexual orientation" as "a person's sexual identity or self-identification as bisexual, straight, gay, pansexual, etc. : the state of being bisexual, straight, gay, pansexual, etc."

Yes. Straight is included. Heterosexual is included.

Websters defines "gender identity" as "a person's internal sense of being male, female, some combination of male and female, or neither male nor female."

Yes, people born male and identifying as male are included. People born female and identifying as female are included.

As I read this, strictly construing the actual words used in the statute, there can be no instruction in K-3rd grade using the terms "boys," "girls," "husband," "wife," "mother," or "father." All instruction must be completely gender neutral, using "they" or "them." Students cannot be instructed to use the "boy's room" or the "girl's room." For gym, they cannot be instructed to use the "boy's locker room" or the "girl's locker room."

Is this what the legislature intended? Probably not. It was intended as a measure to bully LGBT students and their parents. But I think those parents can fight back by demanding absolute gender neutrality in their student's education in K-3. Once they're in 4th grade, the school can then instruct them about gender identity, including boy/girl, and sexual orientation, including heterosexuality.

So when teachers tell their students to draw a picture of their families, they can say the picture is of a parent, but not mom or dad. When teachers discuss married couples in history, they can say they were spouses, not husband or wife. And maybe that's the way it should be.

I think parents of LGBT should demand their rights under this statute once it's signed by the Governor. If my kids were still in school, I'd do it immediately. Tell the Florida legislature to be careful what they wish for.

Under the rest of the bill, there's a process. School districts must develop a plan and notify parents of the process to address any concerns, first at the school level, and then at the district level. Then, if not resolved, the parent may either ask for an administrative magistrate to hear the issue or file a lawsuit.

Teachers should advise the schools that they will only teach in gender neutral terms. School boards should set policies in accordance with the actual language of this bill.

Teachers who object to any other form of non-gender-neutral instruction can argue they are protected whistleblowers if they are disciplined for refusing to disobey this ridiculous law.

North Carolina Now Requires Men To Use Your Employer's Ladies' Room

If you work in North Carolina, be warned: your employer now has to require men to use the ladies' room. Not all men, but some men. These men have beards, mustaches, and yes, penises. But they have to use the ladies' room due to a new law just signed by your governor. And if you're a business, you are now legally required to humiliate some customers and allow others to be frightened. This law was meant to attack the LGBT community, but it will have some unintended consequences.

As I sat writing this I looked over one of the most beautiful vistas on the planet. You see, I was on vacation in North Carolina, a place I truly love. The people here are so nice. So what the heck is going on with the North Carolina legislature? How did this lovely place turn into the epicenter of a nasty anti-LGBT potty obsession?

While I was on vacation enjoying spring in the mountains, the North Carolina legislature enacted an ugly set of laws attacking the LGBT community. The worst of these is a law requiring businesses to only allow people to use the restroom designated for their "biological sex" defined as "The physical condition of being male or female, which is stated on a person's birth certificate."

So let's think about the effect of this really stupid bill.  Here are just some of the ridiculous consequences that will result:

• You're a business owner. A major client was born male but dresses as a female, considers herself female, and has had the operation to become female. You can't let her use the ladies' room. Bye, bye client.
• You're in the ladies' room. A person who dresses like a male, has a beard, and a low voice enters the ladies' room. Oh, yeah. He has a penis. It turns out the male was born female. Not only do you have to let him use the facility, but the business owner can't try to prevent this. 
• You were born male but dress as a female. You consider yourself female. Your coworkers and boss have accepted you as a female. Your employer can't let you use the ladies' room. You have to use the men's room, explain to customers why you are in the men's room, and risk being attacked in the men's room by anyone who is either homophobic or just a rapist. 
• You're an employer. Your employee is a female who identifies as male. He dresses like a male, has taken hormones that cause him to have a beard, and goes by a male name. You have to require him to use the ladies' room. Your female employees object and say it's sexual harassment to have him there. Female customers object. You're damned if you do and damned if you don't let him use the men's room. 
• Your top female customer has a male autistic child age 7. You have to stop her from taking him in the restroom with her because the law has an exemption only for children under age 7 to accompany an adult of the opposite sex. She has to leave this child unaccompanied outside the restroom if she really has to go.

As a female who identifies as female, I really don't appreciate the North Carolina legislature telling me that I have to share the ladies' room with a female-born who identifies as a male. As a parent, I don't appreciate the legislature telling parents they have to leave their children unaccompanied if they need to use the facilities. As a business owner, I wouldn't appreciate the North Carolina legislature telling me I have to humiliate a client or an employee.

The good news is that this is a law with zero teeth. The North Carolina legislature included no penalties in the law for violations. There is no criminal or civil penalty if you break this law. What are business supposed to do? Demand to see a birth certificate before entry to the restroom? There is absolutely no way for businesses to practically monitor their restrooms to enforce this law. Plus, business risk violating federal anti-discrimination laws if they enforce this new law.

My advice to the transgendered: use the restroom you feel comfortable in. My advice to parents: take the kid with you. My advice to employers: don't get involved in employee potty issues. They just want to pee.

If you're transgender and want to understand your rights in North Carolina, talk to an employment lawyer in your state.

ENDA (Banning Sexual Orientation Discrimination) Passes In Senate What It Will Mean If It Becomes Law

ENDA is the Employment Non-Discrimination Act, and the Senate just passed it. I wouldn't get too excited yet, because unless Republicans lose their majority in the House in the midterm elections we aren't likely to see this become law anytime soon. Still, I thought it would be worthwhile to discuss what the law will do (and what it won't do) if passed in the House and signed into law.

Read my article in AOL Jobs to find out what ENDA will do if it becomes law, and what it won't do, despite what detractors are saying.