National
ExxonMobil to consider barring anti-LGBT job discrimination
Resolution pushed by N.Y. official not likely to succeed: sources
All eyes will be on one of the nation’s largest publicly traded companies next week when shareholders will vote on whether the company should make LGBT protections part of its formal non-discrimination policy.
At a meeting set for May 30 in Dallas, shareholders for the ExxonMobil Corp. will vote on a resolution to include sexual orientation and gender identity in the equal employment opportunity policy for its estimated 82,000 workers — a change the company has resisted.
Thomas DiNapoli (Photo by Thomas Good via Wikimedia)
The resolution is being put before shareholders by New York State Comptroller Thomas DiNapoli. He’s trustee of the New York State Common Retirement Fund, which owns more than 16 million shares of ExxonMobil at an estimated market value of $1.3 billion.
In an interview with the Washington Blade, DiNapoli said he introduced the resolution because of the large investment the New York State Common Retirement Fund has in ExxonMobil. In the past three years, DiNapoli has reached agreements with 27 companies to adopt new non-discrimination policies.
“By ExxonMobil not having a clear policy based on sexual orientation and gender identity, it really leaves the corporation to not getting access to the best talent that’s available,” DiNapoli said. “We’re looking at it very much from the point of view of shareholding and wanting our companies to do very well, and we think that this lack of addressing this issue of discrimination is an impediment to ExxonMobil getting the best performance that will benefit our shares.”
ExxonMobil hasn’t included protections for LGBT workers in its equal employment opportunity policy — nor has it offered domestic partnership benefits for employees with same-sex partners — since the company was created as a result of the merger between Exxon and Mobil in 1999.
Mobil protected employees on the basis of sexual orientation and offered domestic partner benefits prior to the merger, but Exxon didn’t. Once the companies joined, the sexual orientation protections were rescinded and new employees were barred from receiving domestic partner benefits.
A vote on reinstating domestic partner benefits within the company won’t take place on May 30 because no such resolution has been proposed.
LGBT advocates are pushing for ExxonMobil shareholders to adopt a more LGBT-friendly policy at the shareholders meeting next week.
Tico Almeida, president of Freedom to Work, called on all private companies like ExxonMobil to adopt LGBT-inclusive non-discrimination policies because they’re “morally right and good for business.”
“Non-discrimination policies improve worker productivity, worker retention, worker recruitment and increase profits — and that’s why a vast majority of Fortune 500 companies have adopted LGBT non-discrimination rules, and that’s why it’s so jarring that ExxonMobil continues to be such an outlier with such outdated policies,” Almeida said.
Tico Almeida, president of Freedom to Work (Blade file photo by Michael Key)
Almeida discounted the importance of having a shareholder vote on whether to adopt the policy and said the board should skip the vote and on its own accord make LGBT protections part of the company’s equal employment opportunity policy.
One of the chief advocates of an executive order barring federal contractors from discriminating against LGBT workers, Almeida said the situation with ExxonMobil also speaks to the need for the Obama administration to pursue administrative action against workplace discrimination. The White House announced last month it wouldn’t at this time take such action.
“As taxpayers, we have a right to demand that companies that profit from our taxpayer money do not discriminate against LGBT Americans,” Almeida said. “It is our money as American citizens, and we should exercise that right because LGBT discrimination is not only morally wrong, it’s inefficient.”
According to Freedom to Work, ExxonMobil has raked in more than $1 billion in federal contracts over the course of the last decade. In the last fiscal year, ExxonMobil won $158 million in federal contracts.
But Almeida is taking the matter a step further and saying the White House should call on ExxonMobil to adopt the LGBT protections as part of its policy. Almeida said he’s had conversations with White House staff on this matter.
As evidence that the administration has promised to educate companies on the need for non-discrimination protections, Almeida pointed to a news conference on the day after the White House announced it wouldn’t issue the executive order for federal contractors.
During the briefing, White House press secretary Jay Carney said the administration was committed to “directly engaging with and educating all sectors of the business community — from major corporations to contractors to small business — and raising public awareness about the human and financial costs of discrimination in the work force.”
Almeida said, “We are urging them to take a strong stand in the next week or two to push ExxonMobil to accept the New York State shareholder resolution, which is a promise that Jay Carney made at that press briefing.”
The White House didn’t respond to a request for comment on the call for ExxonMobil to add non-discrimination protections as part of its policy.
Additionally, Freedom to Work set up an online petition at Change.org to encourage ExxonMobil to update its policy. As of early Tuesday, the petition had 200 signatures.
“The corporation ExxonMobil takes millions of dollars in American taxpayers’ hard-earned dollars every year through federal contracts, but Exxon’s corporate bosses refuse to follow American values – like judging their employees based on their talent and hard work rather than whom they love,” the petition letter states.
Cece Cox, CEO of Resource Center Dallas, a local LGBT and HIV/AIDS organization, said she wants to see the Dallas-based company change its policy because the company operates in close proximity of her organization.
“It’s the only remaining Fortune 10 company that doesn’t have an inclusive policy of sexual orientation, and they’re right here in our backyard,” Cox said. “As our neighbors, we would like to encourage and be in conversation with ExxonMobil about this issue.”
Cox said the Resource Center has contacted ExxonMobil’s vice president of human resources, M.A. Farrant, to encourage the company to adopt an LGBT-inclusive policy and sent a letter to Marilyn Carlson Nelson, an ExxonMobil board member and CEO of Carlson Companies whom they think may be amendable to the resolution because she wrote an op-ed against the proposed anti-gay amendment in Minnesota.
The company has sought to block the vote on adopting an LGBT-inclusive non-discrimination policy from taking place. The company’s board had asked the Securities & Exchange Commission to block the resolution from coming before shareholders, but the agency rejected the request in March.
According to ExxonMobil, the company already has protections for LGBT workers. An ExxonMobil spokesperson referred to protections based on sexual orientation and gender identity that are already included in the employment policies and practices page on the company’s website, which specifically states the company has a “zero-tolerance policy” for discrimination based on sexual orientation or gender identity.
A letter dated Jan. 20, 2012 from James Parsons, ExxonMobil’s coordinator for corporate securities and finance, suggests this policy statement is sufficient protection for LGBT employees.
“To be clear, in my opinion the statement of our employment policy specifically referencing sexual orientation and gender identity set forth on ExxonMobil’s internet employment policy page gives employees and potential employees precisely the same legal standing and access to rights and remedies — including the internal enforcement remedies available for violations of ExxonMobil policy, up to and including termination of the offending employee — as would be the case if these categories were instead referenced in the Standards of Business Conduct booklet,” Parsons writes.
In response, DiNapoli said this policy isn’t enough and noted the Securities & Exchange Commission denied that inclusion of sexual orientation and gender identity in this policy was a reason to block the resolution.
“We really think that they should have it stated in their policies, not just something on the website,” DiNapoli said. “[The EEO policy] is part of their written policies and procedures that follow from it. Obviously, the SEC made a resolution that our determination could go ahead because they basically found that what we were suggesting wasn’t in effect at ExxonMobil. So, I think that they are not accurate in what they’re portraying.”
ExxonMobil, the largest company in the world in terms of revenue, is known for having anti-gay policies. The most recent Corporate Equality Index from the Human Rights Campaign scored the company at “-25” — the lowest rating of any company.
LGBT advocates speaking with the Washington Blade couldn’t identify any incidents of LGBT job discrimination at ExxonMobil, but nonetheless said a change in company policy is necessary.
Paul Guequierre, an HRC spokesperson, emphasized the importance of ExxonMobil adopting an LGBT-inclusive equal employment opportunity policy as a way to make it more competitive with other companies.
“It’s important that non-discrimination policies include sexual orientation and gender identity,” Guequierre said. “We know the vast majority of Fortune 500 companies — including ExxonMobil’s competitors in the oil industry — offer these protections.”
Crosby Burns, research associate on LGBT issues at the Center for American Progress, said the adoption of an LGBT-inclusive policy is particularly important for ExxonMobil because the company is based in Texas, which has no statutory protections against LGBT job bias.
“ExxonMobil is one of the largest employers in Texas, and adding sexual orientation and gender identity to its EEO policy would give LGBT workers significant employment protections in a state where there sadly are none,” Burns said.
The upcoming meeting won’t be the first time ExxonMobil shareholders have had to vote on adopting an LGBT-inclusive non-discrimination policy. The New York State Common Retirement Fund has been the sponsor of similar resolutions each year since 2008.
According to ExxonMobil, votes cast in favor of the proposal have declined in recent years, from a high of 39.6 percent in 2008 to 19.9 percent at last year’s annual meeting. Still, the 2011 vote represented more than 500 million shares at a market value of more than $42.4 billion.
While emphasizing the need for ExxonMobil to adopt the policy, advocates weren’t confident about whether shareholders would ultimately vote to approve the LGBT non-discrimination resolution next week.
DiNapoli said “we’re always optimistic” that shareholders will adopt the new policy as opposed to rejecting it and the chances are better that they’ll support it this year.
“As a nation generally, and certainly in terms of shareholders being informed about what’s going on, the prospects are better than they were in other years, but obviously, we’ll have to wait and see what the vote is,” DiNapoli said. “I’m certainly confident at some point we’re going to have success in regard to ExxonMobil’s policies; I’m hoping it will be this year.”
The Resource Center’s Cox said she doesn’t think shareholders will approve the resolution — just as they’ve rejected it in years past — but said she isn’t normally in the business of predicting.
“I don’t have reason to think that it’s going to get approved,” Cox said. “I’d be surprised if it does this year, but I think there’s opportunity to work with Exxon leadership, and that’s what we’re trying to do.”
Almeida said he thinks the shareholder resolution will face a close vote, but added if it fails, the outcome will be another reason for Obama to issue an executive order barring workplace discrimination for federal contractors.
“That will increase the need for President Obama to fulfill his campaign promise of signing the executive order for federal contractors because there’s no way ExxonMobil would risk losing lucrative federal contracts in order to keep its antiquated anti-LGBT policies,” Almeida said. “If the president signs the executive order, they will immediately cave.”
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”
Iran
LGBTQ groups condemn Trump’s threat to destroy Iranian civilization
Ceasefire announced less than two hours before Tuesday deadline
The Council for Global Equality is among the groups that condemned President Donald Trump on Tuesday over his latest threats against Iran.
Trump in a Truth Social post said “a whole civilization will die tonight” if Tehran did not reach an agreement with the U.S. by 8 p.m. ET on Tuesday.
Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.
Israel and the U.S. on Feb. 28 launched airstrikes against Iran.
One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.
Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the Strait of Hormuz, a strategic waterway that connects the Persian Gulf and the Gulf of Oman through which roughly 20 percent of the world’s crude oil passes.
Trump less than 90 minutes before his deadline announced a two-week ceasefire with Iran that Pakistan helped broker.
“We the undersigned human rights, humanitarian, civil liberties, faith-based and environmental organizations, think tanks and experts are deeply alarmed by President Trump’s threat regarding Iran that ‘a whole civilization will die tonight’ if his demands are not met. Such language describes a grave atrocity if carried out,” reads the statement that the Council for Global Equality more than 200 other organizations and human rights experts signed. “A threat to wipe out ‘a whole civilization’ may amount to a threat of genocide. Genocide is a crime defined by the Genocide Convention and by the Rome Statute of the International Criminal Court as committing one or more of several acts ‘with intent to destroy in whole or in part a national, racial or religious groups as such.'”
The statement states “the law is clear that civilians must not be targeted, and they must also be protected from indiscriminate or disproportionate attacks.”
“Strikes on civilian infrastructure — such as the recent attack on a bridge and the attacks President Trump is repeatedly threatening to carry out to destroy power plants — have devastating consequences for the civilian population and environment,” it reads.
“We urge all parties to respect international law,” adds the statement. “Those responsible for atrocities, including crimes against humanity and war crimes, can and must be held accountable.”
The Alliance for Diplomacy and Justice, Amnesty International USA, Human Rights Watch, the American Civil Liberties Union, the NAACP, MADRE, and the Robert and Ethel Kennedy Human Rights Center are among the other groups that signed the letter.
National
Glisten’s 30th annual Day of Silence to take place April 10
Campaign began as student-led protests against anti-LGBTQ bullying, discrimination
Glisten’s 30th annual Day of Silence will take place on April 10.
The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth.
It takes place annually and has multiple ways for supporters to get involved in the movement.
Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence.
There are three main ways for the community to get involved in the Day of Silence.
Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…”
Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link.
Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence.
Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence.
“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”
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Tenn. lawmakers pass transgender “watch list” bill
LGBTQ groups condemn Trump’s threat to destroy Iranian civilization
Glisten’s 30th annual Day of Silence to take place April 10
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