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Walmart’s score suspended in Human Rights Campaign rankings

LGBT group cites findings of reasonable cause of anti-trans discrimination

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Walmart, gay news, Washington Blade
Walmart, gay news, Washington Blade

The Human Rights Campaign suspended Walmart’s score in the Corporate Equaluty Index. (Photo by Mike Mozart of JeepersMedia; courtesy Flickr)

The retail giant Walmart, which has long been the subject of criticism over its employment practices, has found a new critic in the Human Rights Campaign’s latest corporate scorecard.

The nation’s LGBT organization suspended Walmart’s score in the 2018 Corporate Equality Index, which was unveiled last week. The cited reason for the suspension was the U.S. Equal Employment Opportunity Commission, the U.S. agency charged with enforcing federal employment civil rights law, finding probable cause for anti-trans discrimination within Walmart in 2017.

“During the CEI survey cycle, two Equal Employment Opportunity Commission determinations were made public in the cases of Jessica Robison (EEOC Charge Number 511-2015-01402) and Charlene Bost (EEOC Charge Number 430- 2014-01900),” the report says. “These determinations pointed to significant enforcement gaps in Wal-Mart’s non-discrimination policy, specifically with regards to sex and gender identity. Pending remedial steps by the company, the CEI rating is suspended.”

Deena Fidas, director of the Human Rights Campaign’s Workplace Equality Program, said the suspension will be lifted when Walmart addresses EEOC’s findings of anti-trans discrimination.

“When Walmart addresses the determinations by the EEOC, their company policies and practices will be assessed and given a score based on the CEI criteria,” Fidas said.

The suspension stands in contrast to scores Walmart has obtained before. In the 2017 index, the retail giant had a perfect score of “100” for having an LGBT non-discrimination policy, affording same-sex spousal benefits, providing health insurance that includes transition-related care for transgender employees and having an LGBT employee affinity group.

Tara Raddohl, a Walmart spokesperson, said the retailer maintains a positive environment for LGBT employees despite the suspension of its score in the Corporate Equality Index.

“We are proud of our work on LGBT-inclusive and non-discriminatory policies,” Raddohl said. “We’re disappointed with the HRC’s decision to temporarily suspend our score, which was going to be rated at 100 percent for the second year in a row. While we respect the HRC’s work, we are confident in Walmart’s leading practices that support our LGBTQ communities and look forward to further educating them on our policies.”

The EEOC findings cited in the Corporate Equality Index were the result of the two lawsuits filed by the New York-based Transgender Legal Defense & Education Fund. The findings of reasonable cause for discrimination by EEOC means the two cases will now move forward to litigation in federal court.

One lawsuit was filed on behalf of Jessica Robison, an employee in Florida of Sam’s Club, which is owned by Walmart. Although she was rewarded with several promotions, a supervisor allegedly subjected her to harassment and intimidation in 2014 after she began her gender transition. After filing a complaint, Robison was disciplined and demoted.

In July, EEOC ruled in Robison’s favor, finding “there is reasonable cause” to believe Sam’s Club discriminated against Robison “due to her transgender status/gender identity” and retaliated against her.

The other lawsuit was filed on behalf of Charlene Bost, who allegedly faced employment discrimination as a member service supervisor at a Sam’s Club store in Kannapolis, N.C., in her position.

In Auguest, the EEOC found reasonable cause to believe Bost was subjected to unlawful discrimination and a hostile work environment because of being transgender for several years until her retaliatory firing in 2015.

Jillian Weiss, executive director of the Transgender Legal Defense & Education Fund, said in a statement the suspension of Walmart’s score in the Corporate Equality Index was a positive step.

“Seven hundred fifty major companies have strong corporate policies protecting transgender people, backed up by proper enforcement procedures,” Weiss said. “We hope this will deliver the message to Walmart and others that good corporate policy is not enough. It must be accompanied by strong enforcement mechanisms, or it is mere window dressing. TLDEF will continue to bring suits on behalf of transgender people who experience discrimination in employment, education, health care access and public accommodations.”

The Human Rights Campaign has long faced criticism from progressive voices for giving Walmart high scores in the Corporate Equality Index. Most of the criticism has focused on employment practices at large in Walmart, which has been accused of thwarting efforts by employees to unionize.

The Human Rights Campaign also faced criticism for refusing to dock Walmart points in 2016 amid a class-action lawsuit filed by GLBTQ Advocates & Defenders alleging the company refused to provide same-sex spousal benefits promised to employees. The lawsuit was settled in December for $7.5 million for all employees who were affected.

Jerame Davis, executive director of Pride at Work, said in a statement the Human Rights Campaign “deserves credit” for suspending Walmart’s score in 2017, but added the LGBT group waited too long to take action.

“In the last CEI, Walmart received a perfect score despite the fact that the company had just settled a class action lawsuit brought by LGBTQ people who had been denied spousal benefits,” Davis said. “In light of this development, it is our sincere hope that HRC will take the necessary steps to ensure the CEI is an accurate measure of a corporation’s commitment to LGBTQ equality. Until the CEI includes a mechanism to ensure these policies are followed and enforced, it is impossible to consider these scores as anything other than aspirational.”

The suspension of Walmart’s score stands in contrast to the record number of high scores in the Corporate Equality Index won by other companies. According to the Human Rights Campaign, a record-breaking 609 businesses earned the top score of “100.” That’s up from 517 from last year and represents a single-year increase of 18 percent.

Chad Griffin, president of the Human Rights Campaign, said in a statement “top American companies are driving progress toward equality in the workplace” as the Trump administration undermines LGBT rights.

“The top-scoring companies on this year’s CEI are not only establishing policies that affirm and include employees here in the United States, they are applying these policies to their operations around the globe and impacting millions of people beyond our shores,” Griffin said. “In addition, many of these companies have also become vocal advocates for equality in the public square, including the dozens that have signed on to amicus briefs in vital Supreme Court cases and the 106 corporate supporters of the Equality Act. We are proud to have developed so many strong partnerships with corporate allies who see LGBTQ equality as a crucial issue for our country and for their businesses.”

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Florida House committee passes “Don’t Say Gay” bill

Equality Florida quickly condemned the measure

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The Florida State Capitol (Washington Blade photo by Yariel Valdés González)

The Republican majority Florida House Education and Employment Committee on Thursday passed House Bill 1557, the Parental Rights in Education bill, colloquially referred to as the “Don’t Say Gay” bill advancing the measure to the full House.

HB 1557 and its companion bill, Senate Bill 1834, would ban classroom discussions about sexual orientation and gender identity in schools, erasing LGBTQ identity, history, and culture — as well as LGBTQ students themselves.

The bill also has provisions that appear to undermine LGBTQ support in schools and include vague parental notification requirements which could effectively “out” LGBTQ-identifying students to their parents without their consent.

“The Trevor Project’s research has found that LGBTQ youth who learned about LGBTQ issues or people in classes at school had 23 percent lower odds of reporting a suicide attempt in the past year. This bill will erase young LGBTQ students across Florida, forcing many back into the closet by policing their identity and silencing important discussions about the issues they face,” said Sam Ames, director of advocacy and government affairs at the Trevor Project. “LGBTQ students deserve their history and experiences to be reflected in their education, just like their peers.”

In an email to the Los Angeles Blade, Brandon J. Wolf, the press secretary for Equality Florida noted; “Governor DeSantis’ march toward his own personal surveillance state continues. Today, the Don’t Say Gay bill, a piece of legislation to erase discussion of LGBTQ people from schools in Florida, passed its first committee and became another component of an agenda designed to police us in our classrooms, doctor’s offices, and workplaces. Make no mistake — LGBTQ people are your neighbors, family members, and friends. We are a normal, healthy part of society and we will not be erased.”

The Trevor Project’s 2021 National Survey on LGBTQ Youth Mental Health found that more than 42 percent of LGBTQ youth seriously considered attempting suicide in the past year, including more than half of transgender and non-binary youth.

According to a recent poll conducted by Morning Consult on behalf of The Trevor Project, 85 percent of transgender and non-binary youth — and two-thirds of all LGBTQ youth (66 percent) — say recent debates about state laws restricting the rights of transgender people have negatively impacted their mental health.

When asked about proposed legislation that would require schools to tell a student’s parent or guardian if they request to use a different name/pronoun or if they identify as LGBTQ at school, 56 percent of transgender and non-binary youth said it made them feel angry, 47 percent felt nervous and/or scared, 45 percent felt stressed, and more than 1 in 3 felt sad.

If you or someone you know needs help or support, the Trevor Project’s trained crisis counselors are available 24/7 at 1-866-488-7386, via chat at TheTrevorProject.org/Get-Help, or by texting START to 678678. 

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NCAA adopts new policy amid fervor over transgender athletes

Sport-by-sport approach requires certain levels of testosterone

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NCAA, gay news, Washington Blade
The NCAA has adopted new policy amid a fervor over transgender athletes.

The National Collegiate Athletic Association has announced it has adopted new procedures on competition of transgender athletes, creating a “sport-by-sport” approach that also requires documentation of testosterone levels across the board amid a fervor of recently transitioned swimmers breaking records in women’s athletics.

The NCAA said in a statement its board of governors voted on Wednesday in support of the “sport-by-sport” approach, which the organization says “preserves opportunity for transgender student-athletes while balancing fairness, inclusion and safety for all who compete.”

Although the policy defers to the national governing bodies for individual sports, it also requires transgender athletes to document sport-specific testosterone levels beginning four weeks before their sport’s championship selections. The new policy, which consistent with rules for the U.S. Olympics, is effective 2022, although implementation is set to begin with the 2023-24 academic year, the organization says.

John DeGioia, chair of the NCAA board and Georgetown president, said in a statement the organization is “steadfast in our support of transgender student-athletes and the fostering of fairness across college sports.”

“It is important that NCAA member schools, conferences and college athletes compete in an inclusive, fair, safe and respectful environment and can move forward with a clear understanding of the new policy,” DeGioia said.

More specifically, starting with the 2022-23 academic year, transgender athletes will need to document sport-specific testosterone levels beginning four weeks before their sport’s championship selections, the organizational. These athletes, according to the NCAA, are also required to document testosterone levels four weeks before championship selections.

In terms of jurisdiction, the national governing bodies for individual sports are charged determines policies, which would be under ongoing review and recommendation by the NCAA, the organizational says. If there is no policy for a sport, that sport’s international federation policy or previously established International Olympics Committee policy criteria would be followed.

The NCAA adopts the policy amid controversy over University of Pennsylvania swimmer Lia Thomas smashing records in women’s swimming. Thomas, which once competed as a man, smashed two national records and in the 1,650-yard freestyle placed 38 seconds ahead of closest competition. The new NCAA policy appears effectively to sideline Thomas, who has recently transitioned and unable to show consistent levels of testosterone.

Prior to the NCAA announcement, a coalition of 16 LGBTQ groups, including the Human Rights Campaign and Athlete Ally, this week sent to a letter to the collegiate organization, urging the organizations strengthen non-discrimination protections as opposed to weakening them. The new policy, however, appears to head in other direction, which the LGBTQ groups rejected in the letter.

“While decentralizing the NCAA and giving power to conferences and schools has its benefits, we are concerned that leaving the enforcement of non-discrimination protections to schools will create a patchwork of protections rather than a comprehensive policy that would protect all athletes, no matter where they play,” the letter says. “This would be similar to the patchwork of non-discrimination policies in states, where marginalized groups in some states or cities are protected while others are left behind by localities that opt not to enact inclusive policies.”

JoDee Winterhof, vice president of policy and political affairs for the Human Rights Campaign, said in a statement after the NCAA announcement the new policy was effectively passing the buck.

“If the NCAA is committed to ensuring an environment of competition that is safe, healthy, and free from discrimination, they cannot dodge the question of how to ensure transgender athletes can participate safely,” Winterhof said. “That is precisely why we and a number of organizations across a wide spectrum of advocates are urging them to readopt and strengthen non-discrimination language in their constitution to ensure the Association is committed to enforcing the level playing field and inclusive policies they say their values require. Any policy language is only as effective as it is enforceable, and with states passing anti-transgender sports bans, any inclusive policy is under immediate threat. We are still reviewing the NCAA’s new policy on transgender inclusion and how it will impact each and every transgender athlete.”

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Transgender rights group’s Los Angeles office receives bomb threat

[email protected] Coalition evacuated

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(Public domain photo)

A bomb threat was phoned in Wednesday afternoon to the Wilshire Boulevard Koreatown offices of the [email protected] Coalition, Bamby Salcedo, the president and CEO of the non-profit organization told the Los Angeles Blade.

According to Salcedo, an unidentified male caller told the staff person who answered at approximately 3 p.m., while delivering the threat said; “You’re all going to die.” The staff immediately evacuated everyone from their offices and then contacted the Los Angeles Police Department for assistance.

Officers, specialists and detectives from the Rampart Division of the LAPD responded and swept the building. A spokesperson for the LAPD confirmed that the incident is under active investigation but would make no further comment.

On a Facebook post immediately after the incident the non-profit wrote; “To ensure the safety of our clients and staff members, we ask that you please NOT come to our office.”

In a follow-up post, Salcedo notified the organization and its clientele that the LAPD had given the all-clear and that their offices would resume normal operations Thursday at 9:00 a.m. PT.

“Thank you for your messages and concern for our staff and community,” Salcedo said.

“No amount of threats can stop us from our commitment to the TGI community,” she added.

The [email protected] Coalition was founded in 2009 by a group of transgender and gender non-conforming and intersex (TGI) immigrant women in Los Angeles as a grassroots response to address the specific needs of TGI Latino immigrants who live in the U.S.

Since then, the agency has become a nationally recognized organization with representation in 10 different states across the U.S. and provides direct services to TGI individuals in Los Angeles.

In 2015, the [email protected] Coalition identified the urgent need to provide direct services to empower TGI people in response to structural, institutional, and interpersonal violence, and the Center for Violence Prevention and Transgender Wellness was born.

Since then, the organization has secured funding from the state and local government sources as well as several private foundations and organizations to provide direct services to all TGI individuals in Los Angeles County.

The [email protected] Coalition’s primary focus is to change the landscape of access to services for TGI people and provide access to comprehensive resource and services that will improve the quality of life of TGI people.

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