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Walmart’s score suspended in Human Rights Campaign rankings

LGBT group cites findings of reasonable cause of anti-trans discrimination

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Walmart, gay news, Washington Blade
Walmart, gay news, Washington Blade

The Human Rights Campaign suspended Walmart’s score in the Corporate Equaluty Index. (Photo by Mike Mozart of JeepersMedia; courtesy Flickr)

The retail giant Walmart, which has long been the subject of criticism over its employment practices, has found a new critic in the Human Rights Campaign’s latest corporate scorecard.

The nation’s LGBT organization suspended Walmart’s score in the 2018 Corporate Equality Index, which was unveiled last week. The cited reason for the suspension was the U.S. Equal Employment Opportunity Commission, the U.S. agency charged with enforcing federal employment civil rights law, finding probable cause for anti-trans discrimination within Walmart in 2017.

“During the CEI survey cycle, two Equal Employment Opportunity Commission determinations were made public in the cases of Jessica Robison (EEOC Charge Number 511-2015-01402) and Charlene Bost (EEOC Charge Number 430- 2014-01900),” the report says. “These determinations pointed to significant enforcement gaps in Wal-Martā€™s non-discrimination policy, specifically with regards to sex and gender identity. Pending remedial steps by the company, the CEI rating is suspended.”

Deena Fidas, director of the Human Rights Campaign’s Workplace Equality Program, said the suspension will be lifted when Walmart addresses EEOC’s findings of anti-trans discrimination.

“When Walmart addresses the determinations by the EEOC, their company policies and practices will be assessed and given a score based on the CEI criteria,” Fidas said.

The suspension stands in contrast to scores Walmart has obtained before. In the 2017 index, the retail giant had a perfect score of “100” for having an LGBT non-discrimination policy, affording same-sex spousal benefits, providing health insurance that includes transition-related care for transgender employees and having an LGBT employee affinity group.

Tara Raddohl, a Walmart spokesperson, said the retailer maintains a positive environment for LGBT employees despite the suspension of its score in the Corporate Equality Index.

ā€œWe are proud of our work on LGBT-inclusive and non-discriminatory policies,” Raddohl said. “Weā€™re disappointed with the HRCā€™s decision to temporarily suspend our score, which was going to be rated at 100 percent for the second year in a row. While we respect the HRCā€™s work, we are confident in Walmartā€™s leading practices that support our LGBTQ communities and look forward to further educating them on our policies.”

The EEOC findings cited in the Corporate Equality Index were the result of the two lawsuits filed by the New York-based Transgender Legal Defense & Education Fund. The findings of reasonable cause for discrimination by EEOC means the two cases will now move forward to litigation in federal court.

One lawsuit was filed on behalf of Jessica Robison, an employee in Florida of Samā€™s Club, which is owned by Walmart. Although she was rewarded with several promotions, a supervisor allegedly subjected her to harassment and intimidation in 2014 after she began her gender transition. After filing a complaint, Robison was disciplined and demoted.

In July, EEOC ruled in Robison’s favor, finding “there is reasonable cause” to believe Samā€™s Club discriminated against Robison “due to her transgender status/gender identity” and retaliated against her.

The other lawsuit was filed on behalf of Charlene Bost, who allegedly faced employment discrimination as a member service supervisor at a Samā€™s Club store in Kannapolis, N.C., in her position.

In Auguest, the EEOC found reasonable cause to believe Bost was subjected to unlawful discrimination and a hostile work environment because of being transgender for several years until her retaliatory firing in 2015.

Jillian Weiss, executive director of the Transgender Legal Defense & Education Fund, said in a statement the suspension of Walmart’s score in the Corporate Equality Index was a positive step.

“Seven hundred fifty major companies have strong corporate policies protecting transgender people, backed up by proper enforcement procedures,” Weiss said. “We hope this will deliver the message to Walmart and others that good corporate policy is not enough. It must be accompanied by strong enforcement mechanisms, or it is mere window dressing. TLDEF will continue to bring suits on behalf of transgender people who experience discrimination in employment, education, health care access and public accommodations.ā€

The Human Rights Campaign has long faced criticism from progressive voices for giving Walmart high scores in the Corporate Equality Index. Most of the criticism has focused on employment practices at large in Walmart, which has been accused of thwarting efforts by employees to unionize.

The Human Rights Campaign also faced criticism for refusing to dock Walmart points in 2016 amid a class-action lawsuit filed by GLBTQ Advocates & Defenders alleging the company refused to provide same-sex spousal benefits promised to employees. The lawsuit was settled in December for $7.5 million for all employees who were affected.

Jerame Davis, executive director of Pride at Work, said in a statement the Human Rights Campaign “deserves credit” for suspending Walmart’s score in 2017, but added the LGBT group waited too long to take action.

“In the last CEI, Walmart received a perfect score despite the fact that the company had just settled a class action lawsuit brought by LGBTQ people who had been denied spousal benefits,” Davis said. “In light of this development, it is our sincere hope that HRC will take the necessary steps to ensure the CEI is an accurate measure of a corporationā€™s commitment to LGBTQ equality. Until the CEI includes a mechanism to ensure these policies are followed and enforced, it is impossible to consider these scores as anything other than aspirational.”

The suspension of Walmart’s score stands in contrast to the record number of high scores in the Corporate Equality Index won by other companies. According to the Human Rights Campaign, a record-breaking 609 businesses earned the top score of “100.” That’s up from 517 from last year and represents a single-year increase of 18 percent.

Chad Griffin, president of the Human Rights Campaign, said in a statement “top American companies are driving progress toward equality in the workplace” as the Trump administration undermines LGBT rights.

ā€œThe top-scoring companies on this yearā€™s CEI are not only establishing policies that affirm and include employees here in the United States, they are applying these policies to their operations around the globe and impacting millions of people beyond our shores,” Griffin said. “In addition, many of these companies have also become vocal advocates for equality in the public square, including the dozens that have signed on to amicus briefs in vital Supreme Court cases and the 106 corporate supporters of the Equality Act. We are proud to have developed so many strong partnerships with corporate allies who see LGBTQ equality as a crucial issue for our country and for their businesses.ā€

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U.S. Supreme Court

Supreme Court declines to hear lawsuit against Montgomery County schools gender guidelines

4th Circuit last August dismissed parents’ case

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Monday declined to hear a lawsuit against Montgomery County Public Schools guidelines that allow schools to create plans in support of transgender or gender nonconfirming students without their parents’ knowledge or consent.

Three parents of students in the school district ā€” none of whom have trans or gender nonconfirming children ā€” filed the lawsuit. 

A judge on the 4th U.S. Circuit Court of Appeals last August dismissed the case. The plaintiffs appealed the decision to the Supreme Court.

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National

Bill to support LGBTQ seniors in rural areas reintroduced

Advocates praise Elder Pride Act

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(Washington Blade file photo by Lou Chibbaro, Jr.)

Representatives Suzanne Bonamici (D-Ore.), Mark Pocan (D-Wis.), and Sharice Davids (D-Kan.) reintroduced legislation to increase access to needed services and resources for LGBTQ seniors who live in rural areas this week.

The Elder Pride Act would bolster the capacity and ability of Area Agencies on Aging located in rural communities to better serve and support LGBTQ seniors who often require affirming care, services, and supports that are often underfunded and scarce in many parts of the country.

Recent surveys show that between 2.9 million and 3.8 million LGBTQ people live in rural American communities.

ā€œLGBTQ+ elders and older people living with HIV live in every part of this nation, including rural areas. We all deserve to be able to age in our communities with the services and supports we need to remain independent,ā€ SAGE CEO Michael Adams said in the press release announcing the reintroduction of the legislation. ā€œWe commend Representatives Suzanne Bonamici (D-OR), Mark Pocan (D-WI), and Sharice Davids (D-KS) on reintroducing the Elder Pride Act. And we honor the contributions of our many LGBTQ+ trailblazers whose tireless advocacy allowed us to reintroduce this critical bill. We look forward to working alongside Reps. Bonamici, Pocan, and Davids, and our LGBTQ+ pioneers nationwide to pass this legislation.ā€

ā€œLGBTQI+ seniors should be able to access services and care that meets their unique needs, regardless of where they live,ā€ said Bonamici, chair of the Equality Caucusā€™s LGBTQ+ Aging Issues Task Force.ā€Those who live in rural areas frequently face increased barriers, which Congress can break down. The Elder Pride Act will increase resources for programs and services that will improve the lives of LGBTQI+ elders.ā€

ā€œThe Elder Pride Act will improve the overall health and social and economic well-being of LGBTQI+ older adults and seniors living with HIV in rural areas by better equipping senior service providers with resources to address the unique needs of these communities. Iā€™m pleased to introduce this important legislation with my colleagues and co-leaders on the Equality Caucus, Reps. Pocan and Davids,ā€ Bonamici added.

ā€œRural LGBTQI+ seniors have been lacking access to necessary services and care for too long,ā€ said Pocan, co-chair of the Congressional LGBTQ+ Equality Caucus. ā€œThe Elder Pride Act creates opportunities for LGBTQ+ seniors in rural communities, benefiting everyone in the region. I look forward to advancing this important legislation.ā€

ā€œMany of our LGBTQ+ elders fought tirelessly for equality in a world that refused to accept their identity,ā€ said Davids. ā€œWhile they overcame tremendous odds to give future generations the rights they deserve, our elders, particularly those in rural communities, continue to face discrimination when accessing long-term care and healthcare. I am proud to support the Elder Pride Act because who you are and who you love should never increase your risk for isolation, poverty, and poor health outcomes as you age.ā€

The Elder Pride Act complements the Older American Act, which was updated under Bonamiciā€™s leadership, by establishing a rural grant program designed to fund care and services for LGBTQ seniors. The grant would also support programs that:

ā€¢ Provide services such as cultural competency training for service providers;

ā€¢ Develop modes of connection between LGBTQI+ older adults and local service providers and community organizations;

ā€¢ Expand the use of nondiscrimination policies and community spaces for older adults who are members of the LGBTQI+ community or another protected class; and,

ā€¢ Disseminate resources on sexual health and aging for senior service providers.

A fact sheet on the legislation can be found here, and the full text can be found here.

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State Department

State Department travel advisory warns of potential anti-LGBTQ violence

FBI issued similar warning this week

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(Photo courtesy of the Library of Congress)

The State Department on Friday issued a worldwide travel advisory that warns of potential violence against LGBTQ people and LGBTQ-specific events.

“Due to the potential for terrorist attacks, demonstrations, or violent actions against U.S. citizens and interests, the Department of State advises U.S. citizens overseas to exercise increased caution,” reads the advisory. “The Department of State is aware of the increased potential for foreign terrorist organization-inspired violence against LGBTQI+ persons and events and advises U.S. citizens overseas to exercise increased caution.”  

The advisory further urges U.S. citizens to:

  • Stay alert in locations frequented by tourists, including Pride celebrations and venues frequented by LGBTQI+ persons.
  • Enroll in theĀ Smart Traveler Enrollment ProgramĀ (STEP)Ā to receive information and alerts and make it easier to locate you in an emergency overseas.
  • Follow the Department of State onĀ FacebookĀ andĀ Twitter.

The Federal Bureau of Investigation and the Homeland Security Investigations earlier this week issued a similar advisory.

The advisory notes June 12 will mark eight years since the massacre at the Pulse nightclub in Orlando, Fla.

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