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Another court rules anti-gay bias barred under current law

Gay employee called ‘fag’ before being forced to resign

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 A federal judge has determined anti-gay discrimination is barred under current law.

A federal judge has determined anti-gay biasĀ is barred under current law.

A federal court in Pennsylvania has become the latest to determine discrimination against gay people in the workplace is barred under current law, despite the lack of explicit protections in U.S. code based on sexual orientation.

In a 14-page decisionĀ announced on Friday, U.S. District Judge Cathy Bissoon, an Obama appointee,Ā rejected a request to dismissĀ a case filed by the U.S. EqualĀ Employment Opportunity CommissionĀ on behalf ofĀ Dale Baxley, aĀ former telemarketer at the Pittsburgh-based Scott Medical Health CenterĀ who says he was harassed onĀ the job for being gay and forced to resign.

Bissoon cites as the reason to allow the case to go forward Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of gender, becoming the latest in a series of courtĀ rulings to determine that law applies to lesbian, gay and bisexual people.

“The Court holds Title VIIā€™s ‘because of sex’ provision prohibits discrimination on the basis of sexual orientation,” Bissoon writes. “Accordingly, the EEOCā€™s Complaint stating that Mr. Baxley was discriminated against for being gay properly states a claim for relief. The Court sees no meaningful difference between sexual orientation discrimination and discrimination ‘because of sex.'”

According to the complaint filed by EEOC, when Baxley worked at Scott Medical Health Center in 2013,Ā his supervisor, Robert McClendon, referred to him at least three to four times a week withĀ anti-gay epithets, calling him “fag,” “faggot,” “fucking faggot” and “queer.” EEOC also alleges McClendon made statements like “fucking queer canā€™t do your job.”

Upon learning Baxley had a male partner, McClendon allegedly made offensive statements to him about the relationship, such as saying, “I always wondered how you fags have sex,” “I donā€™t understand how you fucking fags have sex,” and “Whoā€™s the butch and who is the bitch?ā€ In August 2013, Baxley resigned as a result of the harassment.

EEOC, the U.S. agency charged with enforcing federal employment civil rights law, filed a lawsuit after an effort to reach a conciliation agreement withĀ Scott Medical Health Center failed. Last year, EEOCĀ determined in the case of Baldwin v. Foxx that sexual orientation discrimination is genderĀ discrimination, and thus lesbian, gay and bisexual workers are protected under Title VII. EEOC reached the same conclusion in 2012 for transgender workers in the case of Macy v. Holder.

Attorneys for Scott Medical Health Center urged the court to dismiss the lawsuit based on a number of claims, arguing EEOC didn’t follow proper process in filing the complaint and filed the claim too late, but the court rejected each of those claims.

Scott Medical Health Center also contends EEOC lacks grounds to file the complaint because Title VII doesn’t bar discrimination based on sexual orientation, citing as precedent in the Third Circuit for that legal determination Prowel v. Wise Business Forms, Inc., and Bibby v. Philadelphia Coca-Cola Bottling, Co.

Finding those cases aren’t dispositive,Ā Bissoon gets around that precedentĀ by noting EEOC filed its claimĀ on the basis thatĀ sexual orientation discrimination is a form of gender discrimination. Bissoon also cites the 1989 U.S. Supreme Court decision in the Price Waterhouse case, which determined sex stereotyping amounts to gender discrimination.

“There is no more obvious form of sex stereotyping than making a determination that a person should conform to heterosexuality,” Bissoon writes. “As the EEOC states, ‘[d]iscriminating against aĀ person because of the sex of that personā€™s romantic partner necessarily involves stereotypes about ā€˜properā€™ roles in sexual relationships ā€“ that men are and should only be sexually attracted to women, not men.’ This discriminatory evil is more than reasonably comparable to the evil identified by the Supreme Court in Price Waterhouse. Indeed, the Court finds discrimination on the basis of sexual orientation is, at its very core, sex stereotyping plain and simple; there is no line separating the two.”

Bissoon also cites a changing legal landscape with regard to court rulings onĀ sexual orientation, citing the recent U.S. Supreme Court decision extending same-sex marriage nationwide.

“That someone can be subjected to a barrage of insults, humiliation, hostility and/or changes to the terms and conditions of their employment, based upon nothing more than the aggressorā€™s view of what it means to be a man or a woman, is exactly the evil Title VII was designed to eradicate,”Ā Bissoon concludes.

Sarah Warbelow, legal director for the Human Rights Campaign, called Bissoon’s determination anti-gay employment discrimination is barred under current law an “important win for LGBTQ equality.”

ā€œJudge Bissoonā€™s decision affirms that discrimination against an individual based on their sexual orientation is fundamentally a form of discrimination based on sex — which is prohibited by federal law,” Warbelow added. “We congratulate the EEOC and the plaintiff on this victory.ā€

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Lesbian software developer seeks to preserve lost LGBTQ history

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ā€˜There's so much history, and we have to transfer it to the digital,ā€™ says Kristen Gwinn-Becker.

Up until the early 2010s, if you searched ā€œBabe Ruthā€ in the Baseball Hall of Fame, nothing would pop up. To find information on the greatest baseball player of all time, you would have to search ā€œRuth, George Herman.ā€ 

That is the way online archival systems were set up and there was a clear problem with it. Kristen Gwinn-Becker was uniquely able to solve it. ā€œI’m a super tech geek, history geek,ā€ she says, ā€œI love any opportunity to create this aha moment with people through history.ā€ 

Gwinn-Becker is the founder and CEO of HistoryIT, a company that helps organizations create digital archives that are genuinely accessible. ā€œI believe history is incredibly important, but I also think it’s in danger,ā€ she says. ā€œLess than 2% of our historical materials are digital and even less of that is truly accessible.ā€

Gwinn-Beckerā€™s love for history is personal. As a lesbian, growing up, she sought out evidence of herself across time. ā€œI was interested in stories, interested in people whose lives mirrored mine to help me understand who I was.ā€ 

ā€œ[My identity] influences my love of history and my strong belief in history is important,ā€ she says.

Despite always loving history, Gwinn-Becker found herself living and working in San Francisco during the early dot com boom and bust in the ā€˜90s. ā€œIt was an exciting time,ā€ she recounts, ā€œif you were intellectually curious, you could just jump right in.ā€

Being there was almost happenstance, Gwinn-Becker explained: ā€œI was 20 years old and wanted to live in San Francisco.ā€ Quickly, she fell in love with ā€œall of the incredible new tools.ā€ She was working with non-profits that encouraged her to take classes and apply the new skills. ā€œI was really into software, web, and database development.ā€ 

But history eventually pulled her back. ā€œTech was fun, but I didn’t want to be a developer,ā€ she says. Something was missing. When the opportunity to get a Ph.D. in history from George Washington University presented itself, ā€œI got to work on the Eleanor Roosevelt papers, who I was and remain quite passionate about.ā€ 

Gwinn-Beckerā€™s research on Eleanor Roosevelt planted the seeds of digital preservation. ā€œEleanor Roosevelt doesn’t have a single archive. FDR has lots but the first ladies donā€™t,ā€ she says. Gwinn-Becker wondered what else was missing from the archive ā€” and what would be missing from the archive if we didnā€™t start preserving it now.

Those questions eventually led Gwinn-Becker to found HistoryIT in 2011. Since then, the company has created digital archives for organizations ranging from museums and universities to sororities, fraternities, and community organizations.

This process is not easy. ā€œDigital preservation is more than scanning,ā€ says Gwinn-Becker. ā€œMost commercial scannersā€™ intent is to create a digital copy, not an exact replica.ā€ 

To digitally preserve something, Gwinn-Beckerā€™s team must take a photo with overhead cameras. ā€œThere is an international standard,ā€ she says, ā€œyou create an archival TIFF.ā€ 

ā€œItā€™s the biggest possible file we can create now. Thatā€™s how you future-proof.ā€

Despite the common belief that the internet is forever, JPEGs saved to social media or websites are a poor archive. ā€œItā€™s more expensive for us to do projects in the 2000 to 2016 period than to do 19th-century projects,ā€ explains Gwinn-Becker, since finding adequate files for preservation can be tricky. ā€œThe images themselves are deteriorated because they’re compressed so much,ā€ she says.

Her clients are finding that having a strong digital archive is useful outside of the noble goal of protecting history. ā€œIt’s a unique trove of content,ā€ says Gwinn-Becker. One client saw a 790% increase in donations after incorporating the digital archive into fundraising efforts. ā€œItā€™s important to have content quickly and easily,ā€ says Gwinn-Becker, whose team also works with clients on digital strategy for their archive.

One of Gwinn-Beckerā€™s favorite parts of her job is finding what she calls ā€œhidden histories.ā€

ā€œWe [LGBTQ people] are represented everywhere. We’re represented in sports, in religious history, in every kind of movement, not only our movement. I’m passionate about bringing those stories out.ā€ 

Sometimes queer stories are found in unexpected places, says Gwinn-Becker. ā€œWe work with sororities and fraternities. There are a hell of a lot of our stories there.ā€

Part of digital preservation is also making sure that history being created in the moment is not lost to future generations. HistoryIT works with NFL teams, for example. One of their clients is the Panthers, who hired Justine Lindsay, the first transgender cheerleader in the NFL. Gwinn-Becker was excited to be able to preserve information about Lindsay in the digital record. ā€œItā€™s making history in the process of preserving it,ā€ says Gwinn-Becker.

Preserving queer history, either through ā€œhidden historiesā€ or LGBTQ-specific archives, is vital says Gwinn-Becker. ā€œThink about whose history gets marginalized, whose history gets moved to the sidelines, whose history gets just erased,ā€ she prompts. ā€œIn a time of fake news, we need to point to evidence in the past. Queer people have existed since there were humans, but their stories are hidden,ā€ Gwinn-Becker says.

Meanwhile, Gwinn-Becker accidentally finds herself as part of queer history too. Listed as one of Inc. Magazineā€™s Top 250 Female Founders of 2024, she is surrounded by names like Christina Aguilera, Selena Gomez, and Natalie Portman. 

One name stuck out. ā€œNever in my life did I think I’d be on the same list ā€“ other than the obvious one ā€“ with Billie Jean King. That’s pretty exciting,ā€ she said. 

But she canā€™t focus on the win for too long. ā€œWhen I go to sleep at night, I think ā€˜there’s so much history, and we have to transfer it to the digital,ā€™ā€ she says, ā€œWe have a very small period in which to do that in a meaningful way.ā€

(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)

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Bidenā€™s acknowledgment of LGBTQ History Month ā€˜consequentialā€™

Equality Forum honors 31 new ā€˜iconsā€™ as annual commemoration kicks off

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Rep. Mark Pocan was honored with Equality Forumā€™s International Role Model Award. (Washington Blade file photo by Michael Key)

President Joe Biden signed a letter acknowledging Equality Forumā€™s LGBTQ History Month launch event held on Sunday, writing that, ā€œby celebrating stories of bravery, resilience and joy, your example inspires hope in all people seeking a life true to who they are.ā€

Malcolm Lazin, Equality Forum executive director, said Bidenā€™s letter is ā€œconsequential.ā€ He noted that one year before the White House delivered a proclamation for Black History Month, it issued a letter signed by the president.

ā€œIt’s our hope that next year, our nation’s 47th president will issue that proclamation for LGBT History Month,ā€ Lazin said.

Equality Forum is an LGBTQ civil rights organization with an educational focus based in Philadelphia. The groupā€™s work includes coordinating LGBTQ History Month, producing documentary films and overseeing the application for and installation of government-approved queer historic markers.

When spearheading LGBTQ History Month for the first time back in 2006, Lazin said many pushed back against the idea. Some media outlets claimed it was trying to turn straight people gay or promote pedophilia. 

But Lazin said the homophobic reactions died down when people were educated on topics that typically werenā€™t taught in a widespread way.

ā€œWe were demonized, marginalized, and vilified,ā€ Lazin said. ā€œOne of the certain principal ways you’re going to make headway is if you humanize who we are, and also educate people about the important contributions we make to our common society.ā€

Education has always been Equality Forumā€™s solution to societal backlash or controversy since its inception, Lazin said.

The organization got its start in 1993 under the name PrideFest Philadelphia. Lazin, who was the founder, said it was created during a time when Pride parades were the main focus of the LGBTQ community. 

In an effort to shift focus onto civil rights issues, PrideFest hosted its first LGBTQ summit that eventually transformed into an event featuring national and international organizations. Lazin said it was an effort to educate people on LGBTQ history as well as inform the community on queer rights around the world.

Though that event was terminated in 2020, Lazin is still focused on educating both queer and straight people on LGBTQ civil rights. Equality Forum honors 31 ā€œLGBTQ iconsā€ each year for every day in October.

This initiative began when Equality Forum started coordinating LGBTQ History Month back in 2006, but Lazin didnā€™t notice their efforts taking off until about five years in.

ā€œIn year one, people thought, ā€˜Oh yeah, those are like all the important names of the gay community,ā€™ā€ he said. ā€œPeople paid a little bit more attention the following years, and all of a sudden they’re recognizing, ā€˜Oh, in a certain sense I was clueless about the role models that the gay community has.ā€™ā€

This yearā€™s icons being recognized include names like singers George Michael, Luther Vandross, and Sam Smith; pioneering drag queen William Dorsey Swann; ā€œThe Bachelorā€ star Colton Underwood; Wisconsin Congressman Mark Pocan; and longtime Washington Blade Editor Kevin Naff.

Pocan received the International Role Model Award during Sundayā€™s LGBTQ History Month launch event. Itā€™s the longest-standing LGBTQ award in the nation, and has been presented to prominent figures like former Speaker of the House Nancy Pelosi and U.S. Secretary of Transportation Pete Buttigieg.

He said accepting the award allowed him to reflect on the progress thatā€™s been made in a relatively short time.

ā€œI was preparing to make some remarks for the event, and I realized that I’ve been kind of in the front row of a lot of the history making in the country, because more of our history is in the last several decades,ā€ Pocan told the Washington Blade. ā€œThere are significant moments in the past, but where the real improvements have happened have been more recent.ā€

In 1995, former President Bill Clinton invited Pocan, who is gay, and other LGBTQ elected officials to The White House for the first time. When they arrived and were going through security, Pocan said they noticed everyone was wearing blue gloves.

Initially assuming it was due to enhanced security following the aftermath of the Oklahoma City Bombing, Pocan said they later discovered the Secret Service agents thought they could contract AIDS from out elected officials.

He said the Secret Service issued an apology letter and the Clinton administration made it clear that wasnā€™t their policy. Even more memorable for Pocan was when then-Vice President Al Gore made it a point to shake everyoneā€™s hands at the event.

Comparing that memory to Bidenā€™s recent letter puts the advancements of LGBTQ rights into perspective for Pocan. He said thatā€™s the reason recognizing and remembering queer history is vital.

ā€œIf you donā€™t know the history, itā€™s too easy to repeat it,ā€ he said.

The fight to recognize the global work done toward advancing LGBTQ civil rights, however, isnā€™t over, Lazin said.

Many states are working to restrict LGBTQ topics from being taught in schools. Florida Gov. Ron DeSantis signed HB 1069 last year, dubbed ā€œDonā€™t Say Gayā€ by critics, to prohibit lessons on sexual orientation and gender identity.

The New College of Florida faced backlash when photos of hundreds of library books, many containing LGBTQ topics, overflowing a dumpster were shared online. A New College spokesperson said the books were “taken after discovering that the library did not follow all of the state administrative requirements while conducting the routine disposition of materials.”

Despite what the future may hold for LGBTQ content in schools, Lazin said the resources Equality Forum promotes, including the website featuring 31 queer icons in October, are always available.

ā€œAt least on this site, students, teachers, and guidance counselors have resources,ā€ he said. ā€œSo if you’re an English teacher and you want to be celebrating LGBT History Month, click on poets, or click on authors. You’ve got a whole rich range of people to be able to bring into your curriculum.ā€

The reality of what LGBTQ History Month has become today is more than the work of one organization; Lazin said itā€™s the combined effort of local communities that are curious about their own history.

ā€œWhile we could not possibly take on doing the history of all the cities around the country or in North America or around the world, it really has helped to encourage people to appreciate that history and to make sure that it is well documented,ā€ Lazin said.

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LGBTQ groups mark National Hispanic Heritage Month

GLAAD screened ‘DĆ­melo’ at Sept. 20 event in Los Angeles

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(GLAAD screenshot)

Advocacy groups across the country are marking National Hispanic Heritage Month.

The Creative Artists Agency in Los Angeles on Sept. 20 hosted a comedy night that featured Danielle Perez, Gabe GonzĆ”lez, Lorena Russ, and Roz Hernandez. The event, which GLAAD organized, also included a screening of “DĆ­melo,” a digital series the organization produced with LatiNation that features interviews with Latino comedians. 

A press release notes Damian Terriquez, Mimi Davila, Salina EsTitties, and Tony Rodriguez attended the event. GLAAD in a post on its website on Sept. 25 highlighted Essa Noche and other Latino drag queens.

“The art of drag has always been a vibrant expression of resistance, creativity, and identity, particularly within marginalized communities,” reads the post. “Latine drag artists not only embody the resilience and power of their heritage but also elevate queer voices in spaces where their visibility is often limited.”

EsTitties on Sept. 29 hosted QueerceaƱera, “an inclusive take on the coming-of-age quinceaƱera tradition throughout Latin America and the United States” the Los Angeles LGBT Center organized.

Celebrate Orgullo, which describes itself as the “first Hispanic and Indigenous LGBTQ+ festival in Greater Miami and Miami Beach,” will take place from Oct. 4-14. Unity Coalition|CoaliciĆ³n Unida, is organizing the events.

“The festival invites you to experience a warm and welcoming ‘wave’ of pride that celebrates what makes us unique while uniting us in a shared spirit of inclusion,” reads a press release.

GLSEN has posted to its website a list of resources for undocumented students.

“Especially in this political climate, it’s important not only to affirm LGBTQ Latinx identities with positive representation but also to ensure that students know how they’re protected, especially those who are among the most marginalized,” says GLSEN.

National Hispanic Heritage Month is from Sept. 15-Oct. 15.

Fenway Health in Boston on its website notes National Hispanic Heritage Month “honors and celebrates the vibrant histories, cultures, languages, traditions, values, and contributions of people whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America.”

Hispanic Heritage Week began in 1968. It became National Hispanic Heritage Month in 1988.

Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua mark their respective Independence Days on Sept. 15. Mexico’s Independence Day is on Sept. 16, and Chile’s Independence Day is on Sept. 18. DĆ­a de la Raza is Oct. 12.

“Here at Fenway Health, we are grateful every day for the many Latino/a/Ć© staff members, clients, patients, volunteers, and supporters that are part of our community,” said Fenway Health. Their contributions and perspectives help drive Fenwayā€™s mission: To advocate for and deliver innovative, equitable, accessible health care, supportive services, and transformative research and education and to center LGBTQIA+ people, BIPOC (Black, Indigenous, and other people of color) individuals, and other underserved communities to enable our local, national, and global neighbors to flourish.”

President Joe Biden in his National Hispanic Heritage Month proclamation made a similar point.

“In our country, Latino leaders are striving for the American Dream and helping those around them reach it too,” he said. “From those who have been here for generations to those who have recently arrived, Latinos have pushed our great American experiment forward.”  

The proclamation also acknowledges Homeland Security Secretary Alejandro Mayorkas, Education Secretary Miguel Cardona, Health and Human Services Secretary Xavier Becerra, Small Business Administration Administrator Isabel Guzman, and other Latino members of his administration.

“I am proud to work with incredible Latino leaders, who are dedicated to bettering our nation every day,” said Biden.

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