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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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Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

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(Photo by Sergei Gnatuk via Bigstock)

Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.

That has now changed.

Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.

This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.

The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.

Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.

The issue lies in how the law is applied.

Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.

Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.

The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.

The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.

This case does not exist in isolation.

It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.

Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.

From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.

The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.

Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.

That process does not guarantee an immediate outcome, but it shifts the ground.

The debate is no longer theoretical.

It is now before the courts.

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National

LGBTQ community explores arming up during heated political times

Interest in gun ownership has increased since Donald Trump returned to office

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Gun rights organizations and advocates say interest in gun ownership seems to have increased in the LGBTQIA+ community since President Donald Trump returned to the White House last year. (Photo by Kaitlin Newman for the Baltimore Banner)

By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.

Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.

“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”

Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.

The rest of this article can be read on the Baltimore Banner’s website.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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