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Does corporate America really care about you?

Secret forced arbitration contract clauses undercut equality laws

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Cover of the 2021 Human Rights Campaign’s Corporate Equality Index report. (Graphic via HRC)

The LGBTQ community first flexed its muscle with corporate America thousands of feet in the air.

In April 1993, an American Airlines flight crew messaged ground control to request a “complete change” of blankets and pillows onboard the aircraft because of a “gay rights activists group onboard” headed to the March on Washington. The message’s meaning was not subtle: the crew ignorantly thought the amenities had been sullied by openly gay people.

The reaction from LGBTQ advocates was fast, furious – and effective. In many ways, it forever changed the way corporate America saw — and marketed to — the LGBTQ community. The incident led American Airlines to form the first-ever corporate marketing team to support LGBTQ causes. That led to changes internally that made the airline a standard bearer for what constituted an LGBTQ-friendly business.

Business has been mostly supportive since then. Corporations responded swiftly when North Carolina adopted its “bathroom bill” targeting the transgender community. And the U.S. Chamber of Commerce – hardly an icon of progressive values – urged Congress to pass the Uniting American Families Act, a bill to allow lesbian and gay American citizens to sponsor their same-gender partners for residency inside the U.S., long before federal marriage recognition made that possible.

The Human Rights Campaign’s Corporate Equality Index, ranking businesses on their LGBTQ-friendly policies, and visionary marketing gurus like Bob Witeck, who pioneered many of today’s corporate equality practices, also made corporate America more supportive. (Full disclosure: my very first professional marketing job was with Bob Witeck, whose firm advised the American Airlines Rainbow TeAAm.)

However, one troubling trend has actually increased in recent years: the use of forced arbitration clauses to keep employees out of court. 

Arbitration is used by corporations to avoid true accountability. Its most common usage, until recently, was in consumer agreements. Buried deep within the contracts consumers sign for cell phones, rental cars and other services has long been the “fine print” saying you agree to bring any dispute in arbitration and not in court. 

That practice was bad enough, forcing millions into secretive arbitration proceedings where evidence cannot be shared or is rarely made public. Corporations usually prevail.

Now there’s another alarming new trend: in the wake of the pandemic, more corporations are forcing their employees to sign away their right to their day in court as a condition of accepting a job. The Washington Post recently reported that, “U.S. employers relied heavily on arbitration in the first months of the pandemic, pushing a record number of complaints involving discrimination, harassment, wage theft and other grievances through a closed-door system largely weighted against consumers and workers.”

For the LGBTQ community, that means employees must promise not to sue their employer in court if they encounter discrimination, harassment – or even physical assault – on the job. Instead, they must take their claim to arbitration which, the Post explained, “keeps employment disputes out of the public eye and fails to hold corporations accountable.”

So, if you’re a lesbian denied a promotion because of your sexual orientation or a transgender employee who is denied access to the restroom consistent with your gender, you have no way of taking your boss to court and little hope that, even if you pursue your claim in arbitration, your experience will ever come to light or help others facing the same situation inside the same company. Even in a world where the Equality Act becomes law, arbitration agreements would undermine that federal protection.

More and more employers are insisting employees sign away that right as a condition of being hired. “Most nonunion U.S. companies require arbitration, leaving 60 million workers without legal recourse, according to a 2018 report from the Economic Policy Institute,” the Post noted. And the numbers have only grown over the past three years.

It is time for the LGBTQ community to see forced arbitration – and especially forced arbitration in employment contracts – for what it is: an increasingly pervasive tactic that helps enable employment discrimination, workplace harassment and other unfair practices. Our community must insist that businesses do better – or face losing our support and our money. We’ve done that before and we can do it again.

As a first step, the Human Rights Campaign should immediately begin scoring corporations’ arbitration policies as part of its Corporate Equality Index screening. Any company that forces LGBTQ employees into arbitration should be docked points on the Index. HRC should also endorse and score Members of Congress on their support for The FAIR Act, a bill pending in Congress that would significantly rollback the scourge of forced arbitration. 

Secondly, groups like Out and Equal must vigorously educate both employees and employers about the dangers of forced arbitration — how it impacts LGBTQ workers and why it must never be a condition of accepting a job. 

And finally, we must demand that the U.S. Chamber of Commerce drop their support of this discriminatory practice. The Chamber – far from its days of advocating for same-gender binational couples – is now the country’s top defender of arbitration that locks LGBTQ employees out of court.

It’s been nearly two decades since our community responded to that awful incident in the sky and insisted that, in order to be “something special in the air,” American Airlines had to commit to something meaningful here on the ground. Now we must find that same resolve – and use some of those same tactics – to help LGBTQ employees. Corporations that force employees to sign away their legal rights in order to earn a living do not deserve our business, our talent or the label of LGBTQ ally.

Steve Ralls, Director of External Affairs for Public Justice, previously served as Director of Communications for Immigration Equality and Servicemembers Legal Defense Network.

For more information about Public Justice and forced arbitration, visit PublicJustice.net.  

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Happy Thanksgiving to all

Dreaming of a brighter future for America

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(Photo by lilkar/Bigstock)

I hope you have a great Thanksgiving and can enjoy it with family and friends and that you have things you can be thankful for this past year. That you have your health. Now here is the column I would have liked to share with you this Thanksgiving: 

To all my friends and family. This year I am thankful the felon has left the White House. It feels we can all finally breath again. I am so happy his idea of a ballroom at the White House was a joke, and we can once again walk in Jackie Kennedy’s rose garden, and visit the beautiful East Wing. I am thankful the felon’s personal Goebbels, Stephen Miller, lost his job when the reality that he was a fascist was too much to take. It was wonderful to see the Supreme Court wake up and do their job once again. They stopped drinking the MAGA Kool-Aid and voided all the executive orders calling on museums to hide the history of Black Americans, women, and the LGBTQ community. They told the president he didn’t have the right to place tariffs, and that he couldn’t fire legally appointed members of commissions under the rubric of Congress’s control.

Then I am thankful the Congress began to do its job. That so many Republicans grew a set of balls and decided to challenge Speaker Mike ‘sycophant’ Johnson, reminding him they were an independent part of government, and didn’t need to rubber stamp everything the felon wanted. I was thankful to see them extend the SNAP program indefinitely, and the same with the tax credits for the ACA, agreeing to include these important programs in next year’s budget. Then they went further, and paid for the programs, by rescinding all the tax benefits they had given to the wealthy, and corporations, in the felon’s big ugly bill. Finally realizing it is the poor and middle class who they had to help if the country was to move forward. Then I can’t thank them enough for finally passing the Equality Act, and doing it with a veto proof majority, so the felon had to sign it, before he left office. They did the same for the Choice Act, and the Voting Rights Act. It was a glorious year with so much to be thankful for. 

Then I am so thankful Congress finally stood up to the felon and said he couldn’t start wars without their approval, and the Supreme Court ruled they were right. That attacking Venezuela was not something he had the right to do. Then the final thing the court did this year I am thankful for, is they actually modified their ruling on presidential immunity, and said the felon’s grifting was not covered, as under their decision that was private, and not done in his role as president. Again, can’t thank them enough for waking up and doing that. 

Then there is even more I am thankful for this year. It was so nice to see Tesla collapse, and Musk lose his trillion-dollar salary. The people finally woke up to him and insisted Congress mandate the satellite system he built, basically with money from the government, was actually owned by the government, and he could no longer control who can use it. It was determined he alone would not be able to tell Ukraine whether or not they can use it in their war defending against the Russian invasion. Then I am so thankful Congress went even further, and approved the funds needed by the Ukrainians for long-range missiles, and a missile defense system, accepting Ukraine was actually fighting a proxy war for the West, and Ukraine winning that war would help keep our own men and women off the battlefield. 

And speaking of our military, I thank Congress for lifting the ban on transgender persons in the military, and honoring their service, along with the service of women, Black service members, all members of the LGBTQ community, and all minorities. It was fun to see Pete Hegseth being led out of the Pentagon, and being reminded he wasn’t the Secretary of War. There is no Department of War, it is still the Department of Defense, with congressional oversight. Again, so many things to be thankful for this past year. It seemed like my heart runneth over. 

Then my alarm went off and I woke up from my big beautiful dream, only to realize I was still living in the Trumpian nightmare. 


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

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Elusive safety: what new global data reveals about gender, violence, and erasure

Movements against gender equality, lack of human rights data contributing factors.

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Activists who participated in a 2024 Pride march in San Salvador, El Salvador, carry a banner that calls for a country where “being a woman is not a danger.” (Photo courtesy of Colectivo Alejandría)

“My identity could be revealed, people can say whatever they want [online] without consequences. [Hormone replacement therapy] is illegal here so I’m just waiting to find a way to get out of here.”

-Anonymous respondent to the 2024 F&M Global Barometers LGBTQI+ Perception Index from Iraq, self-identified as a transgender woman and lesbian

As the campaign for 16 Days Against Gender-Based Violence begins, it is a reminder that gender-based violence (GBV) — both on– and offline — not only impacts women and girls but everyone who has been harmed or abused because of their gender or perceived gender. New research from the Franklin & Marshall (F&M) Global Barometers and its report A Growing Backlash: Quantifying the Experiences of LGBTQI+ People, 2022-2024 starkly show trends of declining safety among LGBTQI+ persons around the world.

This erosion of safety is accelerated by movements against gender equality and the disappearance of credible human rights data and reporting. The fight against GBV means understanding all people’s lived realities, including those of LGBTQI+ people, alongside the rights we continue to fight for.

We partnered together while at USAID and Franklin & Marshall College to expand the research and evidence base to better understand GBV against LGBTQI+ persons through the F&M Global Barometers. The collection of barometers tracks the legal rights and lived experiences of LGBTQI+ persons from 204 countries and territories from 2011 to the present. With more than a decade of data, it allows us to see how rights have progressed and receded as well as the gaps between legal protections and lived experiences of discrimination and violence. 

This year’s data reveals alarming trends that highlight how fear and violence are, at its root, gendered phenomena that affect anyone who transgresses traditional gender norms.

LGBTQI+ people feel less safe

Nearly two-thirds of countries experienced a decline in their score on the F&M Global Barometers LGBTQI+ Perception Index (GBPI) from 2022-2024. This represents a five percent drop in global safety scores in just two years. With almost 70 percent of countries receiving an “F” grade on the GBPI, this suggests a global crisis in actual human rights protections for LGBTQI+ people. 

Backsliding on LGBTQI+ human rights is happening everywhere, even in politically stable, established democracies with human rights protections for LGBTQI+ people. Countries in Western Europe and the Americas experienced the greatest negative GBPI score changes globally, 74 and 67 percent, respectively. Transgender people globally reported the highest likelihood of violence, while trans women and intersex people reported the highest levels of feeling very unsafe or unsafe simply because of who they are. 

Taboo of gender equality

Before this current administration dismantled USAID, I helped create an LGBTQI+ inclusive whole-of-government strategy to prevent and respond to GBV that highlighted the unique forms of GBV against LGBTQI+ persons. This included so-called ‘corrective’ rape related to actual or perceived sexual orientation, gender identity, or expression” and so-called ‘conversion’ therapy practices that seek to change or suppress a person’s gender identity or expression, sexual orientation, or sex characteristics. These efforts helped connect the dots in understanding that LGBTQI+ violence is rooted in the same systems of inequality and power imbalances as the broader spectrum of GBV against women and girls. 

Losing data and accountability

Data that helps better understand GBV against LGBTQI+ persons is also disappearing. Again, the dismantling of USAID meant a treasure trove of research and reports on LGBTQI+ rights have been lost. Earlier this year, the US Department of State removed LGBTQI+ reporting from its annual Human Rights Reports. These played a critical role in providing credible sources for civil society, researchers, and policymakers to track abuses and advocate for change. 

If violence isn’t documented, it’s easier for governments to deny it even exists and harder for us to hold governments accountable. Yet when systems of accountability work, governments and civil society can utilize data in international forums like the UN Universal Periodic Review, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Sustainable Development Goals to assess progress and compliance and call for governments to improve protections. 

All may not be lost if other countries and donors fill the void by supporting independent data collection and reporting efforts like the F&M Global Barometers and other academic and civil society monitoring. Such efforts are essential to the fight against GBV: The data helps show that the path toward safety, equality, and justice is within our reach if we’re unafraid of truth and visibility of those most marginalized and impacted.

Jay Gilliam (he/him/his) was the Senior LGBTQI+ Coordinator at USAID and is a member of the Global Outreach Advisory Council of the F&M Global Barometers.

Susan Dicklitch-Nelson (she/her/hers) is the founder of the F&M Global Barometers and Professor of Government at Franklin & Marshall College.

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Second ‘lavender scare’ is harming our veterans. We know how to fix it

Out in National Security has built Trans Veterans State and Local Policy Toolkit

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(Photo by Cheryl Casey via Bigstock)

Seventy years after the first “lavender scare” drove LGBTQ Americans from public service, a second version is taking shape. Executive directives and administrative reviews have targeted transgender servicemembers and veterans, producing a new wave of quiet separations and lost benefits.

The policy language is technical, but the result is personal. Veterans who served honorably now face disrupted healthcare, delayed credentials, or housing barriers that no act of Congress ever required. Once again, Americans who met every standard of service are being told that their identity disqualifies them from stability.

Out in National Security built the Trans Veterans State and Local Policy Toolkit to change that. The toolkit gives state and local governments a practical path to repair harm through three measurable actions.

First, continuity of care. States can keep veterans covered by adopting presumptive Medicaid eligibility, aligning timelines with VA enrollment, and training providers in evidence-based gender-affirming care following the World Professional Association for Transgender Health Standards of Care Version 8.

Second, employment, and licensing. Governors and boards can recognize Department of Defense credentials, expedite licensing under existing reciprocity compacts, and ensure nondiscrimination in state veterans’ employment statutes.

Third, housing stability. States can designate transgender-veteran housing liaisons, expand voucher access, and enforce fair-housing protections that already exist in law.

Each step can be taken administratively within 90 days and requires no new federal legislation. The goal is straightforward: small, state-level reforms that yield rapid, measurable improvement in veterans’ daily lives.

The toolkit was introduced during a Veterans Week event hosted by the Center for American Progress, where federal and state leaders joined Out in National Security to highlight the first wave of state agencies adopting its recommendations. The discussion underscored how targeted, administrative reforms can strengthen veterans’ healthcare, employment, and housing outcomes without new legislation. Full materials and implementation resources are now available at outinnationalsecurity.org/public-policy/toolkit, developed in partnership with Minority Veterans of America, the Modern Military Association of America, SPARTA Pride, and the Human Rights Campaign.

These are technical fixes, but they carry moral weight. They reaffirm a basic democratic promise: service earns respect, not suspicion.

As a policy professional who has worked with veterans across the country, I see this moment as a test of civic integrity. The measure of a democracy is not only who it allows to serve but how it treats them afterward.

The second “lavender scare” will end when institutions at every level decide that inclusion is an obligation, not an exception. The toolkit offers a way to begin.

For more information or to access the toolkit once it is public, visit outinnationalsecurity.org/toolkit.

Lucas F. Schleusener is the CEO of Out in National Security.

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