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.
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benefits prior to the merger, but Exxon didn’t. Once the companies joined, the sexual orientation protections were rescinded and new employees were barred from receiving domestic partner benefits.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.
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.”
California
LGBTQ community calls out Radio Korea over host’s homophobic comments
Station acknowledged controversy, but skirted accountability
On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.
Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.
In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”
Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.
Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation.
“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”
For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An.
On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue.
Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.”
Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics.
“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”
Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.”
At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said.
For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”
Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement.
U.S. Military/Pentagon
Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion
Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion
The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.
In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.
“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.
Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.
A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.
Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.
Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.
Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.
“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”
The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”
The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.
President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.
Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.
“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”
NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”
The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.
The White House
Trans workers take White House to court over bathroom policy
Federal lawsuit filed Thursday
Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.
The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”
The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.
Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.
The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.
“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.
Withrow detailed the daily impact of the policy in her statement included in the lawsuit.
“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.
The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.
“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”
In addition to withholding food and water, the policy subjects her to ongoing stress and fear:
“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”
“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”
Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.
The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.
“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.
Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.
“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”
“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”
“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”
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