Providing Legal Services �to Members of LGBTQ Communities�
Objectives
PART 1:
Terminology, Implicit Bias, and Microaggressions
PART 2:
Application to our offices, work with clients, & in the courtroom
LGBTQIA2S+: ��- Lesbian �- Gay�- Bisexual �- Transgender �- Queer �- Intersex�- Asexual or agender�- Two-spirit
Gender Binary: A social system and/or cultural belief related to the classification of gender into two distinct, opposite forms of masculine and feminine, and the social assignment of associated traits. ��Gender Spectrum: The reality that there is a range of gender identities between and outside of the categories of male and female.
Cisgender: a person whose sense of personal identity and gender corresponds with their sex assigned at birth.
Non-Binary: An adjective describing a person who does not identify exclusively as a woman or a man. They may identify as both, somewhere in between, or outside the categories of a “woman” and a “man.”
They/Them: An increasingly used set of pronouns that dissociate sex/gender from referencing an individual person.
Assigned Name: Name assigned to a person at birth and with which which they may or may not identify.
Deadname: Deadnaming occurs when someone refers to a transgender or nonbinary person by the name they used before they transitioned.
Intersectionality
The overlapping or intersecting social identities and related systems of oppression, domination, and discrimination.
How do various biological, social and cultural constructs such as gender, race, class, ability, sexual orientation, religion, age, nationality, and other sectarian axes of identity interact on multiple and often simultaneous levels?
Microaggressions:�What Does This Mean?
Everyday verbal, nonverbal, and environmental slights, snubs, or insults, whether intentional or unintentional, that communicate hostile, derogatory, or negative messages to target persons based solely upon their marginalized group membership.
Microaggressions:�What is the effect?
Potentially Microaggressive
Re-phrase
“Do you have a spouse? What does your spouse do?”
Potentially Microaggressive
Re-phrase
“How does your kid identify?” Or “What pronouns does your kid use?”
Potentially Microaggressive
Re-phrase
“My pronouns are he/him/his.”
If not volunteered, maybe ask “what pronouns would you like me to use for you?”
Potentially Microaggressive
“Sorry, using ‘they/them’ is so hard in the singular” or “it’s so hard cause it’s just not grammatically correct”
Re-phrase
“My apologies – I’ll keep at it until I get it right”
(don’t over-apologize….
then practice “they/them” at home!)
Potentially Microaggressive
Re-phrase
“I’m proud of my cousin’s gay identity”
Potentially Microaggressive
Re-phrase
Say nothing.
Don’t ask overly invasive questions that have no relevance to the person’s identity or your representation of them.
If you need to know for your representation, ask the person what they need to have a supportive environment for the conversation.
Why is POWER Important?
Application to Our Work
Where does it show up?
Staff in Your Office
Selecting and Working with Clients
Deciding Whether to Take a Case to Trial
Jury Selection and Voir Dire
Litigating the Case and Developing Themes
Use respect, privacy, & good terminology
Enforce strong anti-discrimination policy
Guidance on transition in workplace
Examine & change policies: ID, uniform, health insurance, gendered language, payroll
Don’t put burden on the person!
Bathroom assessment, signage, & policy
Groups or associations? Supportive symbols?
Staff
Liability for Transgender Healthcare Exclusions
Bathroom Signage Example
Clients
Write down the ways in which a person’s LGBTQ identity might be important to your practice area.
Think specifically about your intake forms or intake questions – what information is relevant to a person’s sexual orientation or gender identity?
Cases with no legal name change
Michael Smith (a.k.a. Michelle Smith)
Third Parties Disrespecting Pronouns
“It is professional misconduct for a lawyer to in the course of representing a client, knowingly intimidate or harass a person because of that person’s [ ] sex, gender identity, gender expression, sexual orientation [. .˘. ].”
Intentional Misgendering as Harassment
Court Video and Jury Instructions on Implicit Bias (Oregon)
Oregon LGBTQ-related Statutes
Sample: Multnomah County Transgender Booking Policy
Resources
Law Review Articles
Talia Guerriero is a plaintiff-side employment lawyer in Portland, Oregon with a background in labor and union rights that enriches her employment practice. She has always been a strong voice for the underdog with a passion for social justice and civil rights that defines her life. Her work has focused on empowering and protecting the rights of marginalized communities, including lesbian, gay, bisexual, transgender, and queer (“LGBTQ”) communities in particular.
Talia has significant civil rights and litigation experience both in her current position with and her previous positions with Meyer Stephenson and Bennett Hartman. Her law review article on implementing effective non-discrimination policies for LGBTQ youth in foster care was published in the U.C. Davis Journal of Juvenile Law and Policy.
Talia can be reached at 503-308-4775 or talia@albiesstark.com.