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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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ROSENSTEIN: Chavous for Democratic D.C. Council-at-Large

Committed to fighting for statehood for our 700,000 residents

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(Blade file image by Aram Vartian)

Kevin Chavous said, “I’m running for D.C. Council At-Large because Washingtonians deserve leadership focused on improving their everyday quality of life. Throughout my career, I’ve worked on the practical business of city government, and public policy, focused on solving real problems, and making government work better for the people it serves.”  

Kevin’s experience spans safer streets, affordable housing, early education and school readiness, workforce and economic opportunity, support for seniors, and the day-to-day operations of city government. The knowledge he brings to the office is grounded in experience, clear-eyed oversight, and a commitment to delivering results. His platform outlines his priorities and approach, but as he has said, “it’s not the end of the conversation. I believe the best solutions come from listening and working together.”

Kevin believes safe streets are the foundation of strong neighborhoods. He is committed to having Washingtonians feel secure in their neighborhoods, and working to ensure all public safety efforts are smart, fair, and effective. To Kevin that means an approach focusing on enforcement that works, prevention that matters, and a range of services to stop crime before it happens. Kevin supports smart, effective policing, with a focus on violent crime, and getting repeat offenders off the streets. To do this he will work to strengthen community policing with the aim of rebuilding trust in every community, which will improve neighborhood-level safety. He will introduce legislation to expand targeted mental health and crisis-response services. The goal again, to prevent violence before it occurs. He will work to see government coordinates youth diversion, workforce, and support programs, which can intervene early, and reduce recidivism.

Kevin understands housing stability is essential for families, seniors, and workers, to stay and thrive in D.C. His housing priorities focus on increasing the supply of affordable housing, helping people build long-term stability in the neighborhoods they call home. He will work to increase the affordable housing supply through zoning updates, ADUs, and adaptive reuse of vacant properties. He will submit legislation to strengthen programs that help first-time, and longtime homeowners, buy and then stay in their homes. He will work to expand permanent supportive housing and targeted rental assistance for vulnerable residents, and protect tenants ensuring housing laws are enforced clearly, and consistently. 

Kevin believes “every child should enter school ready to learn, with the support needed to succeed from day one. Early investment pays lifelong dividends – for families and for the District.” He will work on the Council to expand early childhood education, and school-readiness programs, citywide. He supports quality and affordable childcare for all children, birth to three, including seeing students begin the school year healthy, by supporting access to medical and dental screenings for all children. 

Kevin knows economic opportunity allows families and communities to thrive. He will fight to see D.C.’s growth creates real pathways to good jobs, strong local businesses, and long-term stability for residents in every ward. His approach connects workforce training, worker protections, and neighborhood investment, so that growth benefits the people who live here. He will work to expand job training, apprenticeships, and career pipelines tied to high-demand fields, including construction, healthcare, and infrastructure. He will fight to strengthen First Source and local hiring requirements, so D.C. residents benefit directly from major development projects such as the new RFK site. He will demand the government protect workers by enforcing wage, safety, and labor standards, and holding bad actors accountable. He will introduce legislation to invest more in neighborhood-based economic development, including small businesses, BIDs, and commercial-to-residential revitalization. 

Kevin has spoken out for the seniors in our city saying, “seniors built this city – and D.C. must ensure they can age with dignity, security, and independence.” Kevin will work to expand property tax relief and housing supports, so seniors can age in place. He will work with the AG to strengthen protections against fraud, exploitation, and predatory practices targeting seniors. He will support and work to expand nutrition, transportation, and community-based programs, that reduce the isolation many seniors face.

Kevin’s experience working for the Council, in the oversight role he had, gives him a practical understanding of what works, what doesn’t, and how to fix it – without delay. He will use that experience as he works to strengthen agency oversight to ensure laws are implemented as intended, and to improve service delivery by fixing bottlenecks, and outdated processes. Ensuring clear standards and accountability in inspections, enforcement, and permitting. Kevin will demand government use technology responsibly to improve efficiency, while protecting residents from fraud and abuse.

For all these reasons and more, I support Kevin Chavous. The more includes the fact Kevin has spoken out clearly, about the need to fight the antisemitism, Islamophobia, racism, sexism and homophobia, all once again rearing their ugly heads in our society. He will fight to keep ICE out of our city, and to keep immigrants safe. He is committed to fighting for statehood for the 700,000 residents of the District of Columbia, while fighting for budget and legislative autonomy as we work toward statehood.  

Again, I urge the voters of D.C. to cast their ballot for Kevin Chavous for DC Council-at-Large.


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

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Tennessee’s Charlie Kirk Act is harmful

Free speech doesn’t always go both ways

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Tennessee State Capitol Building (Photo by SeanPavonePhoto/Bigstock)

The state of Tennessee has a long history of political discrimination against its 225,000 LGBTQ citizens. In 2019, a district attorney remarked that gay people should not receive domestic violence protections, and in 2023, for five months in Murfreesboro, homosexual acts in public were illegal, prompting a federal judge to have the ordinance removed.

In 2022, I briefly lived in Tennessee and played rugby with the LGBTQ-inclusive Nashville Grizzlies, who welcomed me with open arms as an ally, teaching me that rugby isn’t always about winning or losing – it’s about creating a safe, inclusive, and joyful space for people looking to feel welcome.

In Tennessee, where 87% of the LGBTQ community has experienced workplace discrimination, and where, each year, countless bills that target their identities are introduced, it can be difficult to feel welcome. The Nashville Grizzlies played rugby with the exuberance of newly liberated people who were finally able to be their authentic selves. I was inspired by their brotherhood. 

When I read about the Charlie Kirk Act being passed last week, I felt a visceral need to write about it. 

While the bill is presented as legislation that strengthens free speech and encourages greater public discourse on campuses, it would effectively allow a school to expel a student who felt compelled to walk out on a speaker with hateful views, forcing marginalized groups to sit through existentially harmful rhetoric. 

And ironically, it doesn’t seem like free speech goes both ways — a Tennessee University administrator lost their job last year for sharing negative views on Charlie Kirk, and countless LGBTQ books have been banned not only in schools, but even in adult libraries.

We like to think that as time moves forward, progress is inevitable, but this isn’t always the case. In a 2023 study, 27% of LGBTQ Tennesseans and 43% of transgender people in the state have considered relocating, forcing them to reckon with leaving home in pursuit of a better life. Nashville Grizzlies Captain Ethan Thatcher told me, “I’ve thought about leaving Tennessee. Hard not to when the government does not want you here. What has kept me here is the Grizzlies community, and the thought that existence is resistance.”

Everybody in our country deserves to feel safe. I thought that was a core value of the American ethos, but apparently, in some states, certain groups are welcome while others are ostracized. 

Tennessee Gov. Bill Lee should reject the Charlie Kirk Act.


Tyler Kania is a 2025 IAN Book of the Year nominated author and civil rights activist from Columbia, Conn.

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The latest Supreme Court case erasing LGBTQ identity

Chiles v. Salazar a major setback for movement

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(Washington Blade photo by Michael Key)

In its recent decision in Chiles v. Salazar, the U.S. Supreme Court invalidated Colorado’s law prohibiting licensed counselors from engaging in efforts to change the sexual orientation or gender identity of minors. The decision, which puts into question similar laws in 22 other states, relied on the First Amendment to hold that the law violates counselors’ free speech rights. But the decision also strikes a blow against LGBTQ dignity, a point the court’s opinion does not even address.  

The eight-member majority, which included Justices Elena Kagan and Sonia Sotomayor, who usually side with LGBTQ groups, justified its reasoning by suggesting that the law was one-sided: it permitted treatment that affirms LGBTQ identity but forbade treatment that seeks to change it. But the law is one-sided, as Justice Ketanji Brown Jackson’s lone dissent pointed out, because the medical evidence only supports one side: reams of research show that “survivors of conversion therapy continue to suffer from PTSD, anxiety, and suicidal ideation.” And major medical associations all agree, no evidence demonstrates the efficacy of conversion efforts. This isn’t surprising. Medicine often take sides — some treatments work, and some don’t.

But particularly concerning is the vision of LGBTQ identity that undergirds the majority opinion when compared to the dissent. Justice Jackson’s dissent explains that LGBTQ identity is simply “a part of the normal spectrum of human diversity” — not something to be “cured.” By contrast, for the majority, how best to help LGBTQ minors is “a subject of fierce public debate.” That can hardly be the case if LGBTQ identity stands on equal ground with straight, cisgender identity, or if LGBTQ people are as deserving of safety, rights, and dignity.

Indeed, the LGBTQ rights movement only began in earnest when advocates in the 1960s decided to end the “debate” over gay identity. Until then, community leaders would routinely cooperate with psychiatrists who were interested in researching homosexuality as a medical condition. A new generation of activists, led by Frank Kameny, a key movement founder, began arguing that this got the issue upside down: Rather than wondering if they could be “cured,” LGBTQ people had to assert a right to their identity. As Kameny put it—“we have been defined into sickness.” Only once the case was made that it was society that had to change, and not LGBTQ people, could LGBTQ consciousness, LGBTQ pride and LGBTQ rights develop. Their activism led to the first Pride parade in New York, and the official declassification of homosexuality as a disease in 1973. 

The Supreme Court’s conservatives don’t just want to reignite this half-century old medical “debate”; they also treat medical claims that undermine LGBTQ identity very differently from those who support it. Last year, in an opinion backingTennessee’s law that banned gender affirming care for minors, the court sympathetically marched through the reasons Tennessee offered for “why States may rightly be skeptical” of such care, and cited three times, in some detail, to “health authorities in a number of European countries” (that is, some Nordic countries and the UK) that had curbed pediatric care. It failed to mention that most of Western Europe and every major American medical association provides access to this care.

In Chiles, by contrast, the court cites none of the evidence that Colorado amassed that conversion therapy harms LGBTQ children. None of the countries that the court had invoked to justify anti-trans policies allow conversion therapy in their health care systems (indeed, one of them criminalizes such practices). So rather than cite medical evidence, the court simply asked — why trust medical evidence at all? “What if,” asks the court, “reflexive deference to currently prevailing professional views [does] not always end well?” and cites an infamous 1927 Supreme Court case, Buck v. Bell.

In Buck, the Supreme Court embraced eugenic reasoning, backing a eugenic state law that allowed the sterilization of individuals with mental disabilities, on the grounds that such disabilities were hereditary. As Justice Oliver Wendell Holmes opined, “three generations of imbeciles are enough.” Look at what happens when we listen to medical expertise, today’s court seems to say, as an excuse to disregard the LGBTQ-affirming medical evidence they don’t like.

But the court has missed the key lesson of Buck. The law at issue in Buckdiscriminated against a certain group, seeking, through sterilization measures, to erase it from existence. Indeed, LGBTQ people (whom doctors of the day would have referred to as sexual “inverts”) were exactly the kind of people that the eugenic program of Bucksought to eliminate. Conversion therapy seeks similar erasure.

The lesson of the 1960s LGBTQ rights movement remains as relevant today as it was then. Without an unapologetic LGBTQ identity, LGBTQ Pride, LGBTQ rights and the LGBTQ movement itself can all founder. By supporting only the anti-LGBTQ side in this medical saga — and by suggesting that LGBTQ existence is subject to medical debate at all — the court is reaffirming, rather than repudiating, minority erasure.


Craig Konnoth is a professor of law at University of Virginia School of Law.

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