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Exxon Mobil faces lawsuit over alleged anti-gay bias

Advocacy group sends fake resumes to shed light on hiring practices

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Exxon, Mobil, gay news, Washington Blade

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

Exxon MobilĀ 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 ā€” which has no non-discrimination policy protecting LGBT workers and has long been criticized by LGBT groups for alleged discrimination in hiring ā€” 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 toĀ Ā 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 withĀ 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.Ā 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 ā€” 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 CommissionĀ for permission to stop shareholders from voting on the resolution, based on Exxonā€™s viewĀ that it had already complied with the proposal,” Almeida said. “However, the SEC rejected Exxonā€™s request,Ā explaining that ‘it appears that ExxonMobilā€™s policies, practices, and procedures do not compareĀ favorably with the guidelines of the proposal and that ExxonMobil has not, therefore,Ā 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 ofĀ 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.Ā They were allowed to proceed to a trial and laterĀ 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 courtĀ held testers can sueĀ 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 theĀ 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.

ā€œBased on the Equal Rights Centerā€™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,ā€ Kahl said. ā€œThe 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.ā€

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.”

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U.S. Federal Courts

Appeals court hears case challenging Florida’s trans healthcare ban

District court judge concluded the law was discriminatory, unconstitutional

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NCLR Legal Director Shannon Minter (Washington Blade photo by Michael Key)

Parties in Doe v. Ladapo, a case challenging Florida’s ban on healthcare for transgender youth and restrictions on the medical interventions available to trans adults, presented oral arguments on Wednesday before the U.S. Court of Appeals for the 11th Circuit in Atlanta.

The case was appealed by defendants representing the Sunshine State following a decision in June 2024 by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida, who found “the law and rules unconstitutional and unenforceable on equal protection grounds,” according to a press release from the National Center for Lesbian Rights, which is involved in the litigation on behalf of the plaintiffs.

The district court additionally found the Florida healthcare ban unconstitutional on the grounds that it was “motivated by purposeful discrimination against transgender people,” though the ban and restrictions will remain in effect pending a decision by the appellate court.

Joining NCLR in the lawsuit are attorneys from GLAD Law, the Human Rights Campaign, Southern Legal Counsel, and the law firms Lowenstein Sandler and Jenner and Block.

“As a mother who simply wants to protect and love my child for who she is, I pray that the Eleventh Circuit will affirm the district courtā€™s thoughtful and powerful order, restoring access to critical healthcare for all transgender Floridians,” plaintiff Jane Doe said. “No one should have to go through what my family has experienced.ā€

“As a transgender adult just trying to live my life and care for my family, it is so demeaning that the state of Florida thinks itā€™s their place to dictate my healthcare decisions,” said plaintiff Lucien Hamel.

“Members of the legislature have referred to the high quality healthcare I have received, which has allowed me to live authentically as myself, as ā€˜mutilationā€™ and ā€˜an abominationā€™ and have called the providers of this care ā€˜evil,ā€™” Hamel added. “We hope the appellate court sees these rules and laws for what truly are: cruel.ā€ 

ā€œTransgender adults donā€™t need state officials looking over their shoulders, and families of transgender youth donā€™t need the government dictating how to raise their children,ā€ said Shannon Minter, legal director of NCLR. ā€œThe district court heard the evidence and found that these restrictions are based on bias, not science. The court of appeals should affirm that judgment.ā€ 

Noting Hinkle’s conclusion that the ban and restrictions were “motivated by animus, not science or evidence,” Simone Chris, who leads Southern Legal Counsel’s Transgender Rights Initiative, said, ā€œThe state has loudly and proudly enacted bans on transgender people accessing healthcare, using bathrooms, transgender teachers using their pronouns and titles, and a slough of other actions making it nearly impossible for transgender individuals to live in this state.”

Lowenstein Sandler Partner Thomas Redburn said, ā€œThe defendants have offered nothing on appeal that could serve as a valid basis for overturning that finding” by the district court.

 ā€œNot only does this dangerous law take away parentsā€™ freedom to make responsible medical decisions for their child, it inserts the government into private health care matters that should be between adults and their providers,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law.

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State Department

LGBTQ rights abroad not discussed during Marco Rubio confirmation hearing

Senate expected to confirm Fla. Republican as next secretary of state

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U.S. Sen. Marco Rubio (R-Fla.) during his confirmation hearing to become the next secretary of state on Jan. 15, 2025. (Washington Blade photo by Michael Key)

U.S. Sen. Marco Rubio (R-Fla.) on Wednesday did not speak about LGBTQ rights abroad during his confirmation hearing to become the next secretary of state.

The Florida Republican in his opening statement to the Senate Foreign Affairs Committee noted President-elect Donald Trump “returns to office with an unmistakable mandate from the voters.”

“They want a strong America, a strong America engaged in the world, but guided by a clear objective to promote peace abroad and security and prosperity here at home,” said Rubio.

“The direction he has given for the conduct of our foreign policy is clear,” he added. “Every dollar we spend, every program we fund, and every policy we pursue must be justified with the answer to three simple questions: Does it make America safer? Does it make America stronger? Does it make America more prosperous?”

Trump nominated Rubio a week after Vice President Kamala Harris conceded she lost the presidential election.

Rubio in 2022Ā defendedĀ Florida’s ā€œDonā€™t Say Gayā€ law that Republican Gov. Ron DeSantis signed. The Florida Republican that year also voted against the Respect for Marriage Act that passed with bipartisan support.

LGBTQ rights a cornerstone of Biden-Harris administration’s foreign policy

President Joe Biden in February 2021Ā signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy. A few months later he named Jessica Stern, the former executive director of Outright International, a global advocacy group, as special U.S. envoy for the promotion of LGBTQ and intersex rights abroad.

Ned Price, who was the State Departmentā€™s first openly gay spokesperson, during a May 2021 interview with the Washington Blade noted the decriminalization of consensual same-sex sexual relations was one of the administrationā€™s priorities in its efforts to promote LGBTQ rights abroad.

Trump during his first administration tapped then-U.S. Ambassador to Germany Richard Grenell, who has been tapped as special missions envoy, to lead an initiative that encouraged countries to decriminalize homosexuality. Activists with whom the Blade has previously spoken questioned whether this effort had any tangible results.

Stern in 2022 noted the Biden-Harris administration also supported marriage equality efforts in countries where activists said they were possible through legislation or the judicial process.

Brittney Griner in December 2022 returned to the U.S. after Russia released her in exchange for a convicted arms dealer. The lesbian WNBA star had been serving a nine-year prison sentence in a penal colony after a court earlier that year convicted her on the importation of illegal drugs after Russian customs officials found vape canisters containing cannabis oil in her luggage at Moscowā€™s Sheremetyevo Airport.

The State Department in 2022 began to issue passports with an ā€œXā€ gender marker.

The Biden-Harris administration in response to the signing of Ugandaā€™s Anti-Homosexuality Act sanctioned officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free the U.S. Harris during a 2023 press conference with then-Ghanaian President Nana Akufo-Addo in Accra, the Ghanaian capital, spoke about LGBTQ rights.

Chantale Wong, the U.S. director of the Asian Development Bank, in 2022 became the first openly lesbian woman ambassador. David Pressman, the outgoing U.S. ambassador to Hungary, and Scott Miller, the outgoing U.S. ambassador to Switzerland and Liechtenstein, are two of the other American ambassadors who Biden nominated that are gay.

Outgoing Secretary of State Antony Blinken in 2021 appointed former U.S. Ambassador to Malta Gina Abercrombie-Winstanley as the State Department’s first chief diversity and inclusion officer.

U.S. Sen. Jim Risch (R-Idaho), who chairs the Senate Foreign Affairs Committee, criticized the State Department’s DEI efforts during Rubio’s confirmation hearing.

“The Biden administration often undercut effective foreign policy by inserting ideological and political requirements into the fabric of personnel decisions and policy execution,” said Risch.

“Rather than making hires or promotions based on merit and effectiveness, the department created new diversity, equity, inclusion, and accessibility (DEIA) requirements that distracted from this mission, undermined morale, and created an unfair and opaque process for promotions and performance evaluations,” he added. “Fealty to progressive politics became the benchmark for success. As we look around the United States that view is diminishing very quickly amongst even large progressive cooperations.”

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National

Anti-LGBTQ Franklin Graham to give invocation at Trumpā€™s inauguration

Evangelical leader also delivered address in 2017

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Franklin Graham speaks at the 2024 Republican National Convention. (Washington Blade photo by Michael Key)

Anti-LGBTQ evangelist Franklin Graham will deliver the invocation for President-elect Donald Trumpā€™s inauguration on Monday, Jan. 20, according to a copy of the program that was circulated on X.

Graham, who serves as president and CEO of Samaritanā€™s Purse, the evangelical Christian humanitarian aid organization, and of the Billy Graham Evangelistic Association, which was named for his late father, offered the opening prayer for Trumpā€™s first inauguration in 2017.

As documented by GLAAD, the Asheville, N.C.,-based evangelist has attacked the LGBTQ community throughout his life and career.

He supported the draconian laws in Russia targeting ā€œpropaganda of nontraditional sexual relationsā€ that have been used to suppress media that presents ā€œLGBTQ identities and relationships in a positive or normalizing light.ā€

Praising Russian President Vladimir Putin for taking ā€œa stand to protect his nationā€™s children from the damaging effects of the gay and lesbian agenda,ā€ Graham also bemoaned that ā€œAmericaā€™s own morality has fallen so far that on this issue.ā€

Grahamā€™s anti-LGBTQ advocacy on matters of domestic policy in the U.S. has included opposing Pride events, which he compared to celebrations of ā€œlying, adultery, or murder,ā€ and curricula on LGBTQ history in public schools, telling a radio host in 2019 that educators have no right to ā€œteach our children something that is an affront to God.ā€

When his home state rolled back rules prohibiting gender diverse people from using public restrooms consistent with their identities, he tweeted that ā€œpeople of NC will be exposed to pedophiles and sexually perverted men in womenā€™s public restrooms.ā€

Graham has repeatedly smeared LGBTQ people as predatory and said the community seeks to ā€œrecruitā€ children into being gay, lesbian, or transgender.

He has also consistently opposed same-sex marriage, claiming that former President Barack Obama, by embracing marriage equality, had ā€œshaken his fist at the same God who created and defined marriage,ā€ adding, ā€œit grieves me that our president would now affirm same-sex marriage, though I believe it grieves God even more.ā€

Graham also supports the harmful and discredited practice of conversion therapy, which he likened to ā€œconversion to Christianity.ā€

When Transportation Secretary Pete Buttigieg announced his bid for the Democratic nomination for president in 2020, Graham tweeted that ā€œMayor Buttigieg says he’s a gay Christian. As a Christian I believe the Bible which defines homosexuality as sin, something to be repentant of, not something to be flaunted, praised or politicized. The Bible says marriage is between a man and a woman ā€” not two men, not two women.”Ā 

Graham embraced Trump well before he was taken seriously in Republican politics, telling ABC in 2011 that the New York real estate tycoon was his preferred candidate.

Particularly during the incoming presidentā€™s first campaign as the GOP nominee and during his first term, the evangelical leaderā€™s support was seen as strategically important to bringing conservative Christians into the fold despite their misgivings about Trump, who was better known as a philandering womanizer than a devout religious leader. 

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