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.”
In a historic first, Colorado now has a 1st gentleman as Gov. Polis marries
The governor and his now husband decided to hold their nuptials on the 18th anniversary of their first date
DENVER – Colorado’s Democratic Governor Jared Polis married his longtime partner Marlon Reis in a ceremony that marked the first same-sex marriage of a sitting Out governor in the United States.
The couple was married Wednesday in a small traditional Jewish ceremony at the University of Colorado at Boulder, where Reis had matriculated and graduated from. The governor and his now husband decided to hold their nuptials on the 18th anniversary of their first date.
“We met online and went out on a date and we went to the Boulder bookstore and then went to dinner,” Polis told KCFR-FM, Colorado Public Radio (CPR).
In addition to family and close friends in attendance, the couple’s two children participated with their 7-year-old daughter serving as the flower girl and their 9-year-old son as the ring bearer.
The governor joked that their daughter was probably more thrilled than anyone about the wedding. “She was all in on being a flower girl. She’s been prancing around. She got a great dress. She’s terrific,” he said CPR reported.
Their son was also happy, but more ambivalent about it all according to Reis. “Kids are so modern that their responses to things are sometimes funny. Our son honestly asked us, ‘Why do people get married?”
The greatest lesson we have learned over the past 18 months is that life as we know it can change in an instant. We are thankful for the opportunity to celebrate our life together as a married couple.— Governor Jared Polis (@GovofCO) September 15, 2021
After 18 years together, we couldn’t be happier to be married at last. pic.twitter.com/psBhfEoEny
Colorado’s chief executive, sworn in as the 43rd governor of Colorado in January 2019, over the course of nearly 20 years as a political activist and following in public service as an elected official has had several ‘firsts’ to his credit.
In 2008 Polis is one of the few people to be openly Out when first elected to the U.S. House of Representatives as well as being the first gay parent to serve in the Congress. Then on November 6, 2018, he was the first openly gay governor elected in Colorado and in the United States.
Gov. Jared Polis And First Gentleman Marlon Reis Are Newlyweds
U.S. Catholic theologians call for LGBTQ nondiscrimination protections
Joint statement says church teachings support equality
More than 750 of the nation’s leading Catholic theologians, church leaders, scholars, educators, and writers released a joint statement on Sept. 14 expressing strong support for nondiscrimination protections for LGBTQ people.
The six-page theological statement, “A Home for All: A Catholic Call for LGBTQ Non-Discrimination,” was scheduled to be published along with the names of its 759 signatories as a four-page advertisement on Sept. 17 in the National Catholic Reporter, a newspaper widely read by Catholic clergy and laypeople.
The statement was initiated by New Ways Ministry, a Mount Rainier, Md., based Catholic group that advocates for equality for LGBTQ people within the church and society at large.
“As Catholic theologians, scholars, church leaders, writers, and ministers, we affirm that Catholic teaching presents a positive case for ending discrimination against LGBTQ people,” the statement says. “We affirm the Second Vatican Council’s demand that ‘any kind of social or cultural discrimination…must be curbed and eradicated,’” it says.
“We affirm that Catholic teaching should not be used to further oppress LGBTQ people by denying rights rooted in their inherent human dignity and in the church’s call for social equality,” the statement adds.
The statement notes that its signers recognize that a “great debate” is currently taking place within the Catholic Church about whether same-gender relationships and transgender identities should be condoned or supported.
“That is a vital discussion for the future of Catholicism, and one to which we are whole-heartedly committed,” the statement continues. “What we are saying in this statement, however, is relatively independent of that debate, and the endorsers of this statement may hold varied, and even opposing, opinions on sexual and gender matters,” it says.
Francis DeBernardo, New Ways Ministries executive director, said his organization and the signers of the statement feel the issue of nondiscrimination for LGBTQ people can and should be supported by Catholic leaders and the church itself even if some are not yet ready to support same-sex marriage and sexual and gender identity matters.
“LGBTQ non-discrimination is being debated at all levels in our society, and the Catholic perspective on this is often misrepresented, even by some church leaders,” DeBernardo said. “Catholics who have studied and reflected deeply on this topic agree that non-discrimination is the most authentic Catholic position,” he said.
DeBernardo said those who helped draft the statement decided it would be best to limit it to a theological appeal and argument for LGBTQ equality and non-discrimination and not to call for passage of specific legislation such as the Equality Act, the national LGBTQ civil rights bill pending in the U.S. Congress.
The Equality Act calls for amending existing federal civil rights laws to add nondiscrimination language protecting LGBTQ people in areas such as employment, housing, and public accommodations. The U.S. House approved the legislation, but the Senate has yet to act on it.
“We wanted this to be a theological statement, not a political statement,” DeBernardo said.
He said organizers of the project to prepare the statement plan to send it, among other places, to the Vatican in Rome and to the U.S. Conference of Catholic Bishops, which has expressed opposition to the Equality Act.
Among the key signers of the statement were 242 administrators, faculty, and staff from Sacred Heart University, a Catholic college in Bridgeport, Conn. New Ways Ministries says the statement was circulated by the school’s administration and eight of its top leaders, including President John Petillo, are among the signers.
Some of the prominent writers who signed the statement include Sister Helen Prejean, author of “Dead Man Walking;” Richard Rodriquez, author of “Hunger of Memory;” Gary Wills, author of “Lincoln at Gettysburg;” and Gregory Maguire, author of “Wicked.”
The full text of the statement and its list of signatories can be accessed at the New Ways Ministry website.
Activists reflect on Black Trans Lives Matter movement resurgence
Blade speaks with Alex Santiago, Jasmyne Cannick
The world came to a standstill last year as a video surfaced online that showed then-Minneapolis police officer Derek Chauvin murdering George Floyd. The video went viral and sparked numerous protests against racism and police brutality in the U.S. and around the world as many people felt it a potent time to relay their frustrations with and to their governments.
For the LGBTQ community, these protests brought to light the need for human rights for transgender individuals as the murders of people like Tony McDade in Florida and Nina Pop in Missouri reawakened the flame within the Black Trans Lives Matter movement.
The Washington Blade more than a year later spoke with Alex Santiago, executive director of the I Am Human Foundation in Atlanta, and Jasmyne Cannick, a Democratic political strategist and journalist in Los Angeles, to reflect on last year’s Black Trans Lives Matter movement, how far it has come, and what’s in store for the future.
Uplifting voices often silenced
Participating in the Black Lives Matter protests was an easy decision for Santiago. He is a member of the Legendary House of Garcon, a ballroom house headquartered in D.C.
Although the house is composed mostly of LGBTQ members, Santiago still felt the need to center trans voices and experiences by visually representing them during Black Lives Matter marches.
“[I decided that] when I go I’m going to have signs that say ‘Black Trans Lives Matter.’ After talking to a couple of the people in the house, they said it was a great idea. So, they got these t-shirts made that incorporated the trans colors [baby blue, baby pink and white],” says Santiago.
Out of the 250 people in the Legendary House of Garcon, 175 showed up to D.C. from other states to march in solidarity with Black trans people. Santiago says that from what he was told, his was the largest group of activists representing Black trans lives at protests.
“At first I thought people were going to look at us crazy, like, ‘Why are you separating yourselves or being exclusive?’. But, we got a great response from the general population that was there that day. It was a good day,” says Santiago.
Cannick, who was in Los Angeles during the protests, lent her efforts to platforming pertinent issues. She identifies herself as an ally and a “friend” to the LGBTQ community.
“I’m active in the LA community and everybody knows me. So, whenever something happens, someone is hurt, someone is killed or someone needs to get the word out about something that’s going on particularly as it relates to the trans community, I’m always asked to get involved, and I do,” says Cannick.
Over the past year, she reported on multiple LGBTQ issues including the trial of Ed Buck, a Democratic political fundraiser who was convicted in the deaths of two gay Black men who he injected with methamphetamine in exchange for sex.
What happened to the BTLM movement and what needs to change?
The nature of many social movements is that as the intense emotion surrounding them fades, people’s fervor for change wanes as well. This is especially true with allies who are not directly linked to the cause.
“Fatigue and frustration at the relatively slow pace of change to a growing backlash on the right against efforts to call out systemic racism and white privilege — has led to a decline in white support for the Black Lives Matter movement since last spring, when white support for social justice was at its peak,” US News reports about the Black Lives Matter movement.
Cannick believes this is the same for the Black Trans Lives Matter movement. She says Americans allow the media to dictate how it behaves and responds to issues. Thus, when stories “fall out of our media cycles … they fall out of our memories.”
“I think that’s not going to change, and that’s a psychological thing, until we learn how to not let the media necessarily dictate our issues,” says Cannick.
She suggests that individuals remain plugged into their communities by “doing anything to make sure they keep up with an issue” including following the “right people” on social media and setting up Google alerts for any breaking news.
Santiago also echoes Cannick’s sentiments.
“We wait until something happens before we do something. And, I don’t want to be retroactive; I want to be proactive. I want people to see me when things are going well [and when they’re not going well],” says Santiago.
Upon returning to his home in Atlanta after the D.C. protests, Santiago contacted a billboard installation company and paid for a billboard labelled, “Black Trans Lives Matter” to be displayed on University Avenue near downtown Atlanta. He says that the billboards got attention and helped to spread much-needed awareness. Following this success, he is now in the process of installing a new billboard labelled, “Black, Trans and Visible. My life Matters.”
“Unless you’re in people’s faces or something drastic happens, people forget. Unless you’re living it, people forget,” says Santiago.
As time progresses, both Santiago and Cannick nest hope for the Black Trans Lives Matter movement. However, this hope can only persist when crucial steps are taken to ensure Black trans individuals around the country are protected, most importantly through legislation.
The New York Times reports there are close to 1,000 elected LGBTQ officials in the U.S., with at least one in each state except Mississippi.
“We need to have more legislation. We need more voices in power like the council Biden has right now,” says Santiago.
“You know that [Biden] has a lot of trans people and Black trans people [involved], and a part of that’s a positive step in the right direction, but we need that times 10,” says Santiago.
He believes that political representation should extend to local governance where ordinary Black trans individuals can be trained to assume leadership roles.
Cannick’s focus is on the Black community.
“[Trans women] are usually murdered by Black men. If we ever expect that to change, we need to start talking about that,” says Cannick.
She’s open to having conversations that put people, including her as a cis-identifying woman, in uncomfortable and awkward spaces.
She hosts a podcast titled “Str8 No Chaser” and recently aired an episode, “Why Are Black Men Killing Trans Women,” where she discussed with three Black trans women about the gender and sexuality dynamics within the Black community and their perils.
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