Washington
Federal agency shifts stance on transgender discrimination complaints, but hurdles remain
The federal agency responsible for enforcing laws against workplace discrimination will allow some complaints filed by transgender workers to move forward, shifting course from earlier guidance that indefinitely stalled all such cases, according to an email obtained by The Associated Press.
The email was sent earlier this month to leaders of the U.S. Equal Employment Opportunity Commission with the subject line “Hot Topics,” in which Thomas Colclough, director of the agency’s Office of Field Programs, announced that if new transgender worker complaints involve “hiring, discharge or promotion, you are clear to continue processing these charges.”
But even those cases will still be subject to higher scrutiny than other types of workplace discrimination cases, requiring approval from President Donald Trump’s appointed acting agency head Andrea Lucas, who has said that one of her priorities would be “defending the biological and binary reality of sex and related rights.”
Since Trump regained office in January, the EEOC has moved away from its prior interpretation of civil rights law, marking a stark contrast to a decade ago when the agency issued a landmark finding that a transgender civilian employee of the U.S. Army had been discriminated against because her employer refused to use her preferred pronouns or allow her to use bathrooms based on her gender identity.
Under Lucas’s leadership, the EEOC has dropped several lawsuits on behalf of transgender workers. Lucas defended that decision during her June 18 Senate committee confirmation hearing in order to comply with the president’s executive order declaring two unchangeable sexes.
However, she acknowledged that a 2020 Supreme Court ruling — Bostock v. Clayton County — “did clearly hold that discriminating against someone on the basis of sex included firing an individual who is transgender or based on their sexual orientation.”
Colclough acknowledged in his July 1 email that the EEOC will consider transgender discrimination complaints that “fall squarely under” the Supreme Court’s ruling, such as cases involving hiring, firing and promotion. The email backtracked on an earlier policy, communicated verbally, that de-prioritized all transgender cases.
The EEOC declined to comment on the specifics of its latest policy, saying: “Under federal law, charge inquiries and charges of discrimination made to the EEOC are confidential. Pursuant to Title VII and as statutorily required, the EEOC is, has been, and will continue to accept and investigate charges on all bases protected by law, and to serve those charges to the relevant employer.”
But even the cases that the EEOC is willing to consider under Bostock must still be reviewed by a senior attorney advisor, and then sent to Lucas for final approval.
This heightened review process is not typical for other discrimination charges and reflects the agency’s increased oversight for gender identity cases, former EEOC commissioner Chai Feldblum told The AP in a Monday phone interview.
“It is a slight improvement because it will allow certain claims of discrimination to proceed,” Feldblum said of the new policy. “But overall it does not fix a horrific and legally improper situation currently occurring at the EEOC.”
Colclough’s email did not clarify how long the review process might take, or whether cases that include additional claims, such as harassment or retaliation, would be eligible to proceed, and the EEOC declined to address those questions.
Louisiana
Feds charge 3 current or former Louisiana police chiefs in an alleged visa fraud scheme
BATON ROUGE, La. (AP) — Federal authorities said Wednesday that they charged three current or former Louisiana police chiefs with taking hundreds of bribes in exchange for filing false police reports that would allow noncitizens to seek a visa that allows certain crime victims to stay in the U.S.
The false police reports would indicate that the immigrant was a victim of a crime that would qualify them to apply for a so-called U-visa, U.S. Attorney Alexander C. Van Hook said at a news conference in Lafayette. He said the police officials were paid $5,000 for each name they provided falsified reports for, and that there were hundreds of names.
There had been “an unusual concentration of armed robberies of people who were not from Louisiana,” Van Hook said, noting that two other people were also charged in the alleged scheme.
“In fact, the armed robberies never took place,” he said.
Earlier this month, a federal grand jury in Shreveport returned a 62 count indictment charging the five defendants with crimes including conspiracy to commit visa fraud, visa fraud, bribery, mail fraud and money laundering, Van Hook said.
Those charged are Oakdale Police Chief Chad Doyle, Forest Hill Police Chief Glynn Dixon, former Glenmora Police Chief Tebo Onishea, Michael “Freck” Slaney, a marshal in Oakdale, and Chandrakant “Lala” Patel, an Oakdale businessman.
Getting a U-visa can give some crime victims and their families a pathway to U.S. citizenship. About 10,000 people got them in the 12-month period that ended Sept. 30, 2022, which was the most recent period for which the Homeland Security Department has published data.
These special visas are specifically for victims of certain crimes “who have suffered mental or physical abuse” and are “helpful to law enforcement or government officials in the investigation or prosecution of criminal activity,” based on a description of the program published by the U.S. Citizenship and Immigration Services.
The current or former police chiefs are from small central Louisiana municipalities that are near each other. They’re in a part of the state that is home to multiple immigration detention facilities. Although Louisiana doesn’t share a border with a foreign country, there are nine ICE detention facilities in the state — holding nearly 7,000 people.
Local news outlets reported seeing ICE and FBI agents entering the homes of two of the chiefs.
In 2021, the USCIS warned that the U-visa program was susceptible to fraud after an audit from the Office of Inspector General found that administrators hadn’t addressed deficiencies in their process.
The audit found that USCIS approved a handful of suspicious law enforcement signatures that were not cross-referenced with a database of authorized signatures, according to the OIG report. They were also not closely tracking fraud case outcomes, the total number of U-visas granted per year, and were not effectively managing the backlog, which led to crime victims waiting for nearly 10 years before receiving a U-visa.
Federal agency shifts stance on transgender discrimination complaints, but hurdles remain
The federal agency responsible for enforcing laws against workplace discrimination will allow some complaints filed by transgender workers to move forward, shifting course from earlier guidance that indefinitely stalled all such cases, according to an email obtained by The Associated Press.
The email was sent earlier this month to leaders of the U.S. Equal Employment Opportunity Commission with the subject line “Hot Topics,” in which Thomas Colclough, director of the agency’s Office of Field Programs, announced that if new transgender worker complaints involve “hiring, discharge or promotion, you are clear to continue processing these charges.”
But even those cases will still be subject to higher scrutiny than other types of workplace discrimination cases, requiring approval from President Donald Trump’s appointed acting agency head Andrea Lucas, who has said that one of her priorities would be “defending the biological and binary reality of sex and related rights.”
Since Trump regained office in January, the EEOC has moved away from its prior interpretation of civil rights law, marking a stark contrast to a decade ago when the agency issued a landmark finding that a transgender civilian employee of the U.S. Army had been discriminated against because her employer refused to use her preferred pronouns or allow her to use bathrooms based on her gender identity.
Under Lucas’s leadership, the EEOC has dropped several lawsuits on behalf of transgender workers. Lucas defended that decision during her June 18 Senate committee confirmation hearing in order to comply with the president’s executive order declaring two unchangeable sexes.
However, she acknowledged that a 2020 Supreme Court ruling — Bostock v. Clayton County — “did clearly hold that discriminating against someone on the basis of sex included firing an individual who is transgender or based on their sexual orientation.”
Colclough acknowledged in his July 1 email that the EEOC will consider transgender discrimination complaints that “fall squarely under” the Supreme Court’s ruling, such as cases involving hiring, firing and promotion. The email backtracked on an earlier policy, communicated verbally, that de-prioritized all transgender cases.
The EEOC declined to comment on the specifics of its latest policy, saying: “Under federal law, charge inquiries and charges of discrimination made to the EEOC are confidential. Pursuant to Title VII and as statutorily required, the EEOC is, has been, and will continue to accept and investigate charges on all bases protected by law, and to serve those charges to the relevant employer.”
But even the cases that the EEOC is willing to consider under Bostock must still be reviewed by a senior attorney advisor, and then sent to Lucas for final approval.
This heightened review process is not typical for other discrimination charges and reflects the agency’s increased oversight for gender identity cases, former EEOC commissioner Chai Feldblum told The AP in a Monday phone interview.
“It is a slight improvement because it will allow certain claims of discrimination to proceed,” Feldblum said of the new policy. “But overall it does not fix a horrific and legally improper situation currently occurring at the EEOC.”
Colclough’s email did not clarify how long the review process might take, or whether cases that include additional claims, such as harassment or retaliation, would be eligible to proceed, and the EEOC declined to address those questions.
Louisiana
Feds charge 3 current or former Louisiana police chiefs in an alleged visa fraud scheme
BATON ROUGE, La. (AP) — Federal authorities said Wednesday that they charged three current or former Louisiana police chiefs with taking hundreds of bribes in exchange for filing false police reports that would allow noncitizens to seek a visa that allows certain crime victims to stay in the U.S.
The false police reports would indicate that the immigrant was a victim of a crime that would qualify them to apply for a so-called U-visa, U.S. Attorney Alexander C. Van Hook said at a news conference in Lafayette. He said the police officials were paid $5,000 for each name they provided falsified reports for, and that there were hundreds of names.
There had been “an unusual concentration of armed robberies of people who were not from Louisiana,” Van Hook said, noting that two other people were also charged in the alleged scheme.
“In fact, the armed robberies never took place,” he said.
Earlier this month, a federal grand jury in Shreveport returned a 62 count indictment charging the five defendants with crimes including conspiracy to commit visa fraud, visa fraud, bribery, mail fraud and money laundering, Van Hook said.
Those charged are Oakdale Police Chief Chad Doyle, Forest Hill Police Chief Glynn Dixon, former Glenmora Police Chief Tebo Onishea, Michael “Freck” Slaney, a marshal in Oakdale, and Chandrakant “Lala” Patel, an Oakdale businessman.
Getting a U-visa can give some crime victims and their families a pathway to U.S. citizenship. About 10,000 people got them in the 12-month period that ended Sept. 30, 2022, which was the most recent period for which the Homeland Security Department has published data.
These special visas are specifically for victims of certain crimes “who have suffered mental or physical abuse” and are “helpful to law enforcement or government officials in the investigation or prosecution of criminal activity,” based on a description of the program published by the U.S. Citizenship and Immigration Services.
The current or former police chiefs are from small central Louisiana municipalities that are near each other. They’re in a part of the state that is home to multiple immigration detention facilities. Although Louisiana doesn’t share a border with a foreign country, there are nine ICE detention facilities in the state — holding nearly 7,000 people.
Local news outlets reported seeing ICE and FBI agents entering the homes of two of the chiefs.
In 2021, the USCIS warned that the U-visa program was susceptible to fraud after an audit from the Office of Inspector General found that administrators hadn’t addressed deficiencies in their process.
The audit found that USCIS approved a handful of suspicious law enforcement signatures that were not cross-referenced with a database of authorized signatures, according to the OIG report. They were also not closely tracking fraud case outcomes, the total number of U-visas granted per year, and were not effectively managing the backlog, which led to crime victims waiting for nearly 10 years before receiving a U-visa.
