Connect with us

National

Exxon Mobil faces lawsuit over alleged anti-gay bias

Advocacy group sends fake resumes to shed light on hiring practices

Published

on

Exxon, Mobil, gay news, Washington Blade

Exxon Mobil is facing an employment discrimination lawsuit over alleged anti-gay hiring practices (photo courtesy wikimedai)

Exxon Mobil is facing an employment discrimination lawsuit based on a legal strategy of resume audit testing that revealed an apparent anti-gay bias in hiring practices.

On Wednesday, the LGBT group Freedom to Work filed a complaint with the Illinois Human Rights Commission contending Exxon Mobil violated a 2005 law in the state prohibiting discrimination against LGBT people.

The case, Freedom to Work v. Exxon Mobil Corp., is novel because the employment discrimination alleged is the result of resume audit testing. Under the strategy, fictitious resumes are sent for the same job opening in an attempt to reveal a candidate belonging to a minority group is unable to land a position.

Tico Almeida, president of Freedom to Work, said black and disability civil rights groups have employed the strategy with great success for decades, but his group’s lawsuit marks the first time an LGBT group has tried it.

“Although they went to the same high school, the LGBT candidate has a higher GPA,” Almeida said. “Although they went to the same college, the LGBT candidate has a higher GPA. Although they do the same kind of work, the LGBT person has longer work experience and better work experience. And then you see who they call back.”

In the test for anti-LGBT bias at Exxon Mobil — which has no non-discrimination policy protecting LGBT workers and has long been criticized by LGBT groups for alleged discrimination in hiring — Freedom to Work sent two applications in December from applicants for an administrative assistant position in Pataka, Ill.

One resume, written for “Jennifer Priston,” demonstrated a candidate who was well-qualified for the position, but outed her as LGBT because she had volunteer experience working for the Gay & Lesbian Victory Fund. The other resume, written for “Michelle Caland” was less qualified in terms of work experience and education, but offered no indication she was LGBT.

Even though Caland was less qualified, she received multiple call backs in response to her application. Priston never received a call back in response to her application even after Caland didn’t respond.

The results of the testing and the pending lawsuit, Almeida said, will force Exxon Mobil to  explain why the company “so desperately” wanted the less qualified non-LGBT candidate over the more qualified LGBT applicant.

“We know that they cannot credibly claim that they didn’t receive the LGBT resume and application because when they were submitted, they sent back to both applicants a receipt acknowledgement saying, ‘Thank you for your application from Exxon Mobil,'” Almeida said. “They can’t claim they didn’t see it.”

Further, Almeida said Exxon Mobil can’t say it didn’t want an employee who had activist experience because the non-LGBT candidate said she worked for a local feminist organization, nor can the organization purport to have engaged in political bias because the candidates have left-leaning resumes.

The result of the testing uncovering apparent anti-gay basis is consistent with a 2011 study at Harvard University that found LGBT applicants were 40 percent less likely to be granted an interview than a straight applicant.

The lawsuit was filed a week before the shareholders at Exxon Mobil are set to consider a resolution from New York State Comptroller Thomas DiNapoli, whose state owns considerable shares in the company, to put in place an LGBT non-discrimination policy. The resolution has come up repeatedly over the years and each time has failed, including last year, when it won support from only 20.6 percent of shareholders.

To reach a settlement in the case, Almeida said he’s asking Exxon Mobil to adopt a company-wide LGBT non-discrimination policy and train its workers across the country on implementation.

“We hope that we will shame them into settling this very quickly,” Almeida said. “If they agree to adopting and training HR people on it, we will settle the case as quickly as we can.”

But if Exxon Mobil chooses to fight the lawsuit, Almeida said the case will go into discovery, which means Freedom to Work will subpoena internal documents from the company and depose staffers to expose anti-gay bias in hiring practices.

“No one has ever gotten an inside look as to what their HR professionals think and why they were taught these policies and why they’re existing,” Almeida said. “As the litigation proceeds, we will get to subpoena those internal documents, and we will get to depose the HR professionals and ask them all these questions.”

Charlie Engelmann, an Exxon Mobil spokesperson, said in response to the complaint from Freedom to Work that the company already has policies protecting LGBT workers.

“Exxon Mobil’s global policies and processes prohibit all forms of discrimination, including those based on sexual orientation and gender identity, in any company workplace, anywhere in the world,” Engelmann said. “In fact, our policies go well beyond the law and prohibit any form of discrimination. We are reviewing the complaint filed with the Illinois Department of Human Rights by Freedom to Work, a non-profit organization.”

Despite the response, Almeida pointed out the company made the same assertion last year prior to the failed vote on the non-discrimination policy — only to have it rejected by the U.S. Securities & Exchange Commission.

“Prior to the vote on the resolution, Exxon asked the U.S. Securities & Exchange Commission for permission to stop shareholders from voting on the resolution, based on Exxon’s view that it had already complied with the proposal,” Almeida said. “However, the SEC rejected Exxon’s request, explaining that ‘it appears that ExxonMobil’s policies, practices, and procedures do not compare favorably with the guidelines of the proposal and that ExxonMobil has not, therefore, substantially implemented the proposal.'”

Illinois was one of two states in which Freedom to Work uncovered apparent anti-gay bias in hiring practices. Almeida did the same paired resume testing in Texas and uncovered similar results at Exxon Mobil.

But Texas doesn’t have a statewide LGBT workplace non-discrimination law on which to base a lawsuit, and no federal non-discrimination protections are in place to help LGBT people. The Employment Non-Discrimination Act isn’t law, nor is an executive order in place prohibiting anti-LGBT bias among federal contractors.

Over the past 10 years, Exxon Mobil received more than $1 billion in federal contracts. If President Obama issued a much-sought executive order prohibiting anti-LGBT job bias among federal contractors, Freedom of Work could have asked the Labor Department to take action against the company.

Almeida emphasized that executive order would have provided Freedom to Work the opportunity to take action against the oil company in Texas as well as Illinois.

“If the president had signed the order, we would have filed the testing results from Texas with the Department of Labor and asked them to do an investigation, and asked them to order Exxon-Mobil to adopt an LGBT non-discrimination policy,” Almeida said. “This is an example of how the president’s delay is slowing down civil rights.”

The White House has said it prefers a legislative approach to addressing LGBT workplace discrimination. Shin Inouye, a White House spokesperson, reiterated in response to the lawsuit on Wednesday that he has nothing to say about the executive order.

“Regarding a hypothetical Executive Order on LGBT non-discrimination for federal contractors, I have no updates for you on that issue,” Inouye said.

The lawsuit is novel in another way because with no real persons suffering discrimination, the named plaintiff in the lawsuit is Freedom to Work itself. Most LGBT legal groups, like Lambda Legal, file complaints that name LGBT people who’ve faced discrimination as the plaintiff.

Almeida said organizational plaintiffs are acceptable under Illinois state law as well as alleged discrimination in response to paired resume testing. In the 2000 decision of Kyles v. J.K. Guardian Security Services, the U.S. Seventh Circuit Court of Appeals in Illinois upheld the right of testers to bring these claims after two black testers brought a race discrimination action to federal court. They were allowed to proceed to a trial and later settled their claims with the employer.

Additionally, the U.S. Supreme Court has previously validated lawsuits on the basis of paired resume audit testing in its decisions on earlier litigation. In the 1982 case of Havens Realty Corp. v. Coleman, the court held testers can sue to challenge housing discrimination and that groups conducting the testing can also file a lawsuit to remedy discrimination.

Also working with Freedom to Work on the testing was the Equal Rights Center, a D.C.-based advocacy organization, which has experience with resume testing for minority groups.

Donald Kahl, executive director of the Equal Rights Center, explained in a statement the validity of filing employment discrimination lawsuits based on testing and their applicability to LGBT people.

“Based on the Equal Rights Center’s 30 years of testing experience, and nearly 2,000 tests conducted in the last year, our testing methodologies are recognized and accepted by the civil rights community, government agencies, and the courts,” Kahl said. “The type of testing we conducted with Freedom to Work is a critical part of objectively demonstrating why our LGBT community needs and deserves anti-discrimination protections.”

The legal team representing Freedom to Work in the lawsuit is Cohen Milstein Sellers & Toll PLLC, a group that has experience representing women who alleged gender discrimination in employment at the retail giant Walmart Stores, Inc.

As the lawsuit proceeds, Almeida said Freedom to Work will continue testing for anti-LGBT workplace bias at other companies and take action as necessary.

“Our work is not completed,” Almeida said. “We’re going to test other companies, and if we find out about discrimination, we’re going to file additional lawsuits.”

Fred Sainz, vice president of communications for the Human Rights Campaign, said the nation’s largest LGBT group also supports the lawsuit.

“HRC supports efforts to ensure that all LGBT Americans are judged at work based on how they perform, not on who they are,” Sainz said. “Those efforts include advocating for corporate policies, seeking recourse under state and local laws, and of course working to pass ENDA and a federal executive order.”

Continue Reading
Advertisement

National

Police describe Wilton Manors Pride incident as ‘fatal traffic crash’

Pickup truck driver identified as 77-year-old man

Published

on

A screenshot from a video taken at the scene by Joey Spears. (Image courtesy of @pinto_spears, via Twitter.) Screenshot used with permission from South Florida Gay News.

The Fort Lauderdale Police Department on Sunday released additional information about an incident at a Wilton Manors Pride parade that left one person dead and another injured.

A press release notes a 77-year-old man who was “a participant who had ailments preventing him from walking the duration of the parade and was selected to drive as the lead vehicle” was behind the wheel of a 2011 white Dodge Ram pickup truck that struck the two people near the Stonewall Pride Parade’s staging area shortly before 7 p.m. on Saturday.

“As the vehicle began to move forward in anticipation for the start of the parade, the vehicle accelerated unexpectedly, striking two pedestrians,” reads the press release. “After striking the pedestrians, the driver continued across all lanes of traffic, ultimately crashing into the fence of a business on the west side of the street.”

“The driver remained on scene and has been cooperative with investigators for the duration of the investigation,” further notes the press release. “A DUI investigation of the driver was conducted on scene and showed no signs of impairment.”

The press release confirms the driver and the two people he hit are members of the Fort Lauderdale Gay Men’s Chorus.

Fort Lauderdale Fire Rescue transported both victims to Broward Health Medical Center “with serious injuries.” The press release notes one of the victims died shortly after he arrived at the hospital.

The Fort Lauderdale Police Department, which is leading the investigation, has not publicly identified the victims and the driver, but the press release describes the incident as a “fatal traffic crash.” The press release notes the second victim remains hospitalized at Broward Health Medical Center, but “is expected to survive.”

“While no arrests have been made, the Fort Lauderdale Police Department continues to investigate this incident and will not be releasing the names of the involved parties due to the status of the investigation,” says the press release. “The Fort Lauderdale Police Department asks anyone who may have witnessed this incident, who has not already spoken to investigators, to contact Traffic Homicide Investigator Paul Williams at (954) 828-5755.”

The pickup truck narrowly avoided U.S. Rep. Debbie Wasserman Schultz (D-Fla.), who was in a convertible participating in the parade. Florida Congressman Ted Deutch was also nearby.

“Our thoughts and prayers are with those affected by the tragic accident that occurred when the Stonewall Pride Parade was just getting started,” said Fort Lauderdale Gay Men’s Chorus President Justin Knight in a statement he issued after the incident. “Our fellow chorus members were those injured and the driver was also part of the chorus family.”

“To my knowledge, this was not an attack on the LGBTQ community,” added Knight. “We anticipate more details to follow and ask for the community’s love and support.”

Fort Lauderdale mayor initially described incident as anti-LGBTQ ‘terrorist attack’

Fort Lauderdale Mayor Dean Trantalis initially described the incident as “a terrorist attack against the LGBT community,” without any official confirmation. Detective Ali Adamson of the Fort Lauderdale Police Department on Saturday confirmed to reporters that investigators are “working with” the Federal Bureau of Investigation, but stressed the “investigation is active and we are considering and evaluating all possibilities.”

“Last evening, at the start of what was to be a celebration of pride for the LGBT community and commemoration of our hard-won victories for equality, our community faced the worst of tragedies. The grief of our LGBT community — and greater Fort Lauderdale as a whole — is palpable,” said Trantalis on Sunday in a statement he posted to his Facebook page.

“I was an eyewitness to the horrifying events. It terrorized me and all around me. I reported what I saw to law enforcement and had strong concerns about what transpired — concerns for the safety of my community. I feared it could be intentional based on what I saw from mere feet away,” he added.

Trantalis added “law enforcement took what appeared obvious to me and others nearby and investigated further — as is their job.”

“As the facts continue to be pieced together, a picture is emerging of an accident in which a truck careened out of control,” he said. “As a result, one man died, two others were injured and the lives of two members of Congress were at risk. My heart breaks for all impacted by this tragedy.”

Continue Reading

National

ACLU and Justice Department to jointly challenge anti-Trans laws

Recently passed anti-transgender laws in West Virginia and Arkansas violate the Equal Protection Clause of the U.S. Constitution.

Published

on

U.S. Department of Justice, Robert F. Kennedy Building (Photo Credit: GSA U.S. Government)

WASHINGTON – In court documents filed Thursday in the U.S. District Court for the Southern District of West Virginia and in U.S. District Court for the Eastern District of Arkansas, the U.S. Department of Justice, in Statement of Interest filings, joined the American Civil Liberties Union, (ACLU), arguing that recently passed anti-transgender laws in West Virginia and Arkansas violate the Equal Protection Clause of the U.S. Constitution.

The suits filed by the ACLU challenges an Arkansas law that bans gender-affirming care for transgender youth and a West Virginia law banning transgender youth from participating in school sports.

Chase Strangio, deputy director for Trans Justice with the American Civil Liberties Union LGBTQ & HIV Project, issued the following statement responding to the Department of Justice submitting a statement of interest in two federal courts supporting transgender youth;

“Today’s filings from the Department of Justice send a powerful message that discrimination against transgender youth is not just wrong, it is also plainly unconstitutional. These filings from the Department of Justice confirm what we have been telling legislatures all year: Banning trans youth from sports and denying trans youth health care violates the Constitution and federal law. We hope that state legislatures finally get the message.” 

Law and Crime reported that in the West Virginia case filing, the Justice Dept. argued that House Bill 3293, which bans transgender athletes at public schools from competing in female sports at the middle school, high school, and collegiate level, violates both the Equal Protection Clause and  Title IX of the Education Amendment of 1972.

The case stemmed from a complaint filed by the parents of transgender girl who said their daughter was unlawfully prohibited from trying out for the school’s cross-country track team because of the measure.

In Arkansas, the Justice Dept. backed an ACLU-filed lawsuit challenging a state law (Act 626) which bans gender-affirming health care for transgender youths. The DOJ also claims that state ban violates the Equal Protection Clause of the Fourteenth Amendment, Law & Crime reported.

Continue Reading

National

Immigrant rights groups demand ICE release transgender, HIV-positive detainees

Letter notes Roxsana Hernández case

Published

on

The Adams County Correctional Center in Natchez, Miss., is a privately-run facility that U.S. Immigration and Customs Enforcement uses to house some of its detainees. Eight immigrant rights groups have demanded ICE release all transgender people and people with HIV in their custody. (Washington Blade photo by Michael K. Lavers)

Eight immigrant advocacy groups this week demanded the release of all transgender and HIV-positive people who are in immigrant detention facilities.

Immigration Equality, the National Center for Lesbian Rights, the Transgender Law Center, the Santa Fe Dreamers Project, the Center for Victims of Torture, Familia: Trans Queer Liberation Movement, Mijente and the National Immigrant Justice Center made the request in a letter they sent to Homeland Security Secretary Alejandro Mayorkas and acting U.S. Immigration and Customs Enforcement Director Tae Johnson on June 16.

“As you know, transgender and HIV-positive people are severely suffering in U.S. immigration detention facilities,” reads the letter. “Those who do not perish from mortally deficient medical negligence are regularly mistreated, isolated and sexually assaulted.”

The letter notes DHS “for years” has “attempted to create conditions of confinement that are safe for these historically disenfranchised minorities.”

“This has been a fool’s errand,” it says. “Under both Democrat and Republican leadership, DHS has wasted millions of taxpayer dollars attempting to overcome a simple and inevitable truth: It is not possible for the U.S. government to house transgender and HIV-positive asylum seekers safely. Every progressive policy, every well-meaning protocol and every specialized facility has utterly failed. This has to stop. It is in your exclusive power to put an end to this ongoing human rights atrocity.”

“What makes this situation even more intolerable, is that the vast majority of the transgender and HIV-positive people suffering in immigration detention fled to the U.S. to escape persecution and torture,” adds the letter. “To these asylum seekers, the U.S. is more than a symbol of liberty. It is one of the few places in the world where they may hope to build a safer future. And yet, by detaining trans and HIV-positive people in such inhumane and unsafe conditions, the U.S. government is subjecting them to some of the same kinds of mistreatment they sought to escape.”

The groups in their letter demand ICE and U.S. Customs and Border Protection “to immediately release all transgender and HIV-positive people in their custody” and “review its system for identifying transgender and HIV-positive individuals, and work with stakeholders to ensure that it is effective and safe.” The groups also seek the creation of a policy “that deems all transgender and HIV-positive individuals non-detainable.”

The letter notes the case of Roxsana Hernández, a trans asylum seeker from Honduras with HIV who died in a New Mexico hospital on May 25, 2018, while she was in ICE custody.

Hernández’s family in a lawsuit it has filed against the federal government and five private companies who were responsible for Hernández’s care allege she did not have adequate access to medical care and other basic needs from the time she asked for asylum at the San Ysidro Port of Entry in San Diego on May 9, 2018, to her arrival at the Cibola County Correctional Center, a privately-run facility in Milan, N.M., a week later.

ICE in 2017 opened a unit for trans women at the Cibola County Correctional Center. It closed last year.

A picture of Roxsana Hernández, a transgender Honduran woman with HIV who died in ICE custody in 2018, hangs on a wall inside the offices of Colectivo Unidad Color Rosa, an LGBTQ advocacy group in San Pedro Sula, Honduras. (Washington Blade photo by Michael K. Lavers)

The letter also notes the case of Johana “Joa” Medina León, a trans woman with HIV from El Salvador who asked for asylum in the U.S. in 2019 after she suffered persecution in her home country because of her gender identity.

Medina was in ICE custody at the privately-run Otero County Processing Center in Chaparral, N.M., until her transfer to a hospital in nearby El Paso, Texas, on May 28, 2019. ICE on the same day released Medina from their custody.

Medina died three days later.

“She became worse, worse, worse,” Medina’s mother, Patricia Medina de Barrientos, told the Washington Blade in an exclusive interview in the Salvadoran capital of San Salvador that took place a few weeks after Medina’s death. “She asked for help because she was a nurse, but they refused. She was denied help. There was no medical attention.”

Johana “Joa” Medina León, a transgender woman with HIV from El Salvador, died on June 1, 2019, at a hospital in El Paso, Texas, three days after ICE released her from their custody. (Photo courtesy of Patricia Medina de Barrientos)

The letter also includes testimonials from dozens of other trans and/or HIV-positive people who say they suffered physical abuse and survived sexual assault while in ICE custody. They also allege they did not receive adequate health care — including access to hormones and antiretroviral drugs — while in detention.

“Throwing LGBTQ and HIV-positive asylum seekers into prison is cruel, expensive and dangerous. For transgender and HIV-positive people, it can even be deadly,” said Immigration Equality Policy Director Bridget Crawford in a statement. “In response to years of consistently documented abuses against the community, the government has implemented ineffective half-measures that have utterly failed. That is why we have demanded that DHS release all transgender and HIV-positive people immediately. No one should ever be locked into prison because they fled persecution based on their sexual orientation, gender identity, or HIV status. Doing so during a pandemic is a human rights atrocity.”

Immigration Equality is among the groups that have previously demanded ICE release all trans people who are in their custody. Advocacy organizations have also called for the release of people with HIV in ICE custody, especially during the COVID-19 pandemic.

DHS, which oversees ICE, has not responded to the Blade’s request for comment on the June 16 letter.

Continue Reading
Advertisement
Advertisement

Follow Us @washblade

Sign Up for Blade eBlasts

Popular