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Hearing set in anti-gay bias lawsuit against Exxon Mobil

Fact-finding conference to determine if oil-and-gas giant discriminated in job hiring

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Exxon, Mobil, gay news, Washington Blade

A hearing is set for Tuesday over a lawsuit contending anti-gay bias at Exxon Mobil. (Photo of Exxon sign by Ildar Sagdejev, photo of Mobil sign by Terence Ong; courtesy Wikimedia Commons).

An LGBT group that has sued oil-and-gas giant Exxon Mobil on the grounds of alleged anti-gay bias in hiring practices will get its hearing on Tuesday.

In the case of Freedom to Work v. Exxon Mobil, the Illinois agency charged with enforcing state civil rights law has set Oct. 21 at 10:30 am Central Time for a fact-finding conference at Vandalia City Hall, according to a redacted notice from the LGBT group obtained Sunday by the Washington Blade.

It’ll be the first time during the entire controversy that started in 1998 when Exxon merged with Mobil and deleted the company’s LGBT protections that the company has had to answer in a legal proceeding questions about its lack of explicit non-discrimination protections.

In May 2013, Freedom to Work filed a complaint with the Illinois Department of Human Rights alleging Exxon Mobil engaged in anti-gay discrimination in hiring practices for an Illinois job posting, which would be a violation of state law. As restitution, the lawsuit seeks enumerated protections based on sexual orientation and gender identity in the company’s equal employment opportunity policy.

Although the state initially threw out the lawsuit in January, the case was back on in July after the Illinois Human Rights Commission overturned that decision and remanded the case for additional review.

According to the notice, the fact-finding conference is an investigative forum “intended to define the issues, determine which facts are undisputed, obtain evidence and ascertain where there is a basis for a negotiated settlement of charge.” The investigator assigned to the case is Krista Sherrock, whose contact number information was redacted by Freedom to Work in the notice.

The investigator conducts the fact-finding conference, the notice states, and determines which persons should be present. During the conference, the investigator reads an opening statement as well as the charge and questions the participants.

Both Tico Almeida, president of Freedom to Work, as well representatives of Exxon Mobil — Kimberly Cunningham, who works in the company’s internal legal department, and Dona Steadman, a human resources adviser — are required to appear at the hearing, according to the notice.

As previously reported, the Chicago-based international law firm Seyfarth Shaw is designated as counsel for Exxon Mobil. The case is being handled for the law firm by attorney Gerald Maatman.

Representing Freedom to Work is Peter Romer-Friedman, an attorney with Cohen Milstein Sellers & Toll PLLC.

“It is encouraging that the Illinois Department of Human Rights is now investigating the merits of Freedom to Work’s discrimination charge,” Romer-Friedman said. “We are confident the evidence will show Exxon broke the law and that Exxon must change its policies so that LGBT workers are no longer subject to harmful discrimination. After a one year delay due to an erroneous dismissal of the case on technical grounds, we look forward to working with the Department to finally hold Exxon accountable.”

Neither Exxon Mobil nor Seyfarth Shaw responded to the Blade’s request to comment on the hearing. A spokesperson for the Illinois Human Rights Department said she was unable to provide to comment on developments of the investigation.

In July, President Obama signed an executive order barring federal contractors from discriminating on the basis of sexual orientation or gender identity, but that directive isn’t expected to take effect until early next year. It remains to be seen whether the executive order or the lawsuit will be responsible for compelling Exxon Mobil to include LGBT protections in its non-discrimination policy.

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Politics

Court records raise concerns about right-wing TikTok investor’s influence

Jeff Yass is a Pa. billionaire who has funded anti-LGBTQ causes

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Jeff Yass (Screen capture: Susquehanna International Group/YouTube)

The role played by Pennsylvania billionaire Jeff Yass in the creation of TikTok might be far greater than was previously understood, according to new reporting that raises questions about the extent of the right-wing megadonor’s influence over matters at the intersection of social media, federal regulations, and electoral politics.

In 2012, Yass’s firm, Susquehanna International Group, spent $5 million for 15 percent of the short-form video hosting platform’s Chinese-owned parent, ByteDance. In the years since, as TikTok grew from a nascent startup to a tech giant with 1.5 billion active monthly users and an estimated $225 billion valuation, Yass and his firm pocketed tens of billions of dollars.

Beyond the size of Susquehanna’s ownership stake, little was known about its relationship with ByteDance until documents from a lawsuit filed against the firm by its former contractors were accidentally unsealed last month, leading to new reporting by the New York Times on Thursday that shows Susquehanna was hardly a passive investor.

In 2009 the firm used a proprietary, sophisticated search algorithm to build a home-buying site called 99Fang, tapping software engineer and entrepreneur Zhang Yiming to serve as its CEO. The company folded. And then, per the Times’s review of the court records, in 2012 Susquehanna picked Yiming to be the founder of its new startup ByteDance and repurposed the technology from 99Fang for use in the new venture.

Importantly, the documents do not provide insight into Yass’s personal involvement in the formation of ByteDance. And Susquehanna denies that the company’s search algorithm technologies were carried over from the real estate venture — which, if true, would presumably undermine the basis for the lawsuit brought by the firm’s former contractors who are seeking compensation for the tech used by ByteDance.

Questions about Yass’s influence come at a pivotal political moment

In recent weeks, federal lawmakers have moved forward with a proposal that would force ByteDance to divest TikTok or ban the platform’s use in the U.S. altogether, citing the potential threats to U.S. national security interests stemming from the company’s Chinese ownership.

The bill was passed on March 13 with wide bipartisan margins in the House but faced an uncertain future in the Senate. However, on Wednesday, House Speaker Mike Johnson (R-La.) announced plans to fold the proposal into a measure that includes foreign aid to Ukraine, Israel, and Taiwan, likely bolstering its chances of passage by both chambers.

Last month, shortly after meeting with Yass at his home in Mar-a-Lago, former President Donald Trump changed his longtime stance and came out against Congress’s effort to break up or ban TikTok. The timing led to speculation about whether the billionaire businessman was behind Trump’s change of heart, perhaps by contributing to the cash-strapped Republican presidential nominee’s electoral campaign or through other means.

Meanwhile, Yass has emerged as the largest donor of the 2024 election cycle. A coalition of public interest and government watchdog groups have called attention to the vast network of right-wing political causes and candidates supported by the billionaire, often via contributions funneled through dark money PACs that are designed to conceal or obscure the identities of their donors.

The Action Center on Race and the Economy, Make the Road, POWER Metro: Faith in Action, Free the Ballot, and Little Sis launched a website called All Eyes on Yass that features research into the various causes he supports, along with insight into the networks connecting the entities funded by his contributions.

Broadly, in Pennsylvania they fall into five categories: Advocacy against reproductive freedom and LGBTQ rights via the Pennsylvania Family Institute, lobbying on behalf of oil and gas industry interests by the Pennsylvania Manufacturers’ Association, anti-union groups supported by Commonwealth Partners, a privately owned registered investment advisory firm/independent broker-dealer, the Commonwealth Foundation for Public Policy Alternatives, which seeks to privatize public schools and defeat proposed increases to the minimum wage, and the Citizens Alliance of Pennsylvania, which advocates for lowering taxes on corporations and the rich.

Additionally, All Eyes on Yass reports that the billionaire has given massive contributions to Club for Growth and direct spending to support the electoral campaigns of right-wing Republicans including Florida Gov. Ron DeSantis; U.S. Sens. Ted Cruz (Texas), Rand Paul (Ky.), and Josh Hawley (MO); U.S. Rep. Lauren Boebert (Colo.), and former U.S. Rep. Madison Cawthorn (N.C.).

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District of Columbia

New D.C. LGBTQ+ bar Crush set to open April 19

An ‘all-inclusive entertainment haven,’ with dance floor, roof deck

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Crush (Washington Blade photo by Michael Key)

D.C.’s newest LGBTQ+ bar called Crush is scheduled to open for business at 4 p.m. on Friday, April 19, in a spacious, two-story building with a dance floor and roof deck at 2007 14th St., N.W. in one of the city’s bustling nightlife areas.

A statement released by co-owners Stephen Rutgers and Mark Rutstein earlier this year says the new bar will provide an atmosphere that blends “nostalgia with contemporary nightlife” in a building that was home to a popular music store and radio supply shop.

Rutgers said the opening comes one day after Crush received final approval of its liquor license that was transferred from the Owl Room, a bar that operated in the same building before closing Dec. 31 of last year. The official opening also comes three days after Crush hosted a pre-opening reception for family, friends, and community members on Tuesday, April 16.

Among those attending, Rutgers said, were officials with several prominent local LGBTQ organizations, including officials with the DC Center for the LGBTQ Community, which is located across the street from Crush in the city’s Reeves Center municipal building. Also attending were Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, and Salah Czapary, director of the Mayor’s Office of Nightlife and Culture.  

Rutgers said Crush plans to hold a grand opening event in a few weeks after he, Rutstein and the bar’s employees become settled into their newly opened operations.

“Step into a venue where inclusivity isn’t just a promise but a vibrant reality,” a statement posted on the Crush website says. “Imagine an all-inclusive entertainment haven where diversity isn’t just celebrated, it’s embraced as the very heartbeat of our venue,” the statement says. “Welcome to a place where love knows no bounds, and the only color or preference that matters is the vibrant tapestry of humanity itself. Welcome to Crush.”

The website says Crush will be open Tuesdays and Wednesdays from 4 p.m. to 12 a.m., Thursdays from 4 p.m. to 2 a.m., Fridays from 4 p.m. to 3 a.m., Saturdays from 2 p.m. to 3 a.m., and Sundays from 2 p.m. to 12 a.m. It will be closed on Mondays.

Crush is located less than two blocks from the U Street Metro station.

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Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

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Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the state’s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michigan’s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their “race, color, religion, gender, or national origin.” Bills proposed by Democratic lawmakers expand the list to include “actual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.” 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, “intentionally or unintentionally” is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney general’s office sent a statement to the Blade supporting stronger hate crime legislation.

“As a career prosecutor, [Nessel] has seen firsthand how the state’s weak Ethnic Intimidation Act (not updated since the late 1980’s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,” the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

“Two years is nothing … Why not just give them a parking ticket?” Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

“You have this confluence of forces on the far right … this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,” Nessel said. “But then you also have the far left that argues basically no one should go to jail or prison for any offense ever.”

The legislature did manage to pass an “institutional desecration” law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for “sexual orientation” but not “gender identity.”

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the “gay panic” defense has passed the state house and was due for a Senate committee hearing on Wednesday.

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