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Hearing set in anti-gay bias lawsuit against Exxon Mobil

Fact-finding conference to determine if oil-and-gas giant discriminated in job hiring

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Exxon, Mobil, gay news, Washington Blade

A hearing is set for Tuesday over a lawsuit contending anti-gay bias at Exxon Mobil. (Photo of Exxon sign by Ildar Sagdejev, photo of Mobil sign by Terence Ong; courtesy Wikimedia Commons).

An LGBT group that has sued oil-and-gas giant Exxon Mobil on the grounds of alleged anti-gay bias in hiring practices will get its hearing on Tuesday.

In the case of Freedom to Work v. Exxon Mobil, the Illinois agency charged with enforcing state civil rights law has set Oct. 21 at 10:30 am Central Time for a fact-finding conference at Vandalia City Hall, according to a redacted notice from the LGBT group obtained Sunday by the Washington Blade.

It’ll be the first time during the entire controversy that started in 1998 when Exxon merged with Mobil and deleted the company’s LGBT protections that the company has had to answer in a legal proceeding questions about its lack of explicit non-discrimination protections.

In May 2013, Freedom to Work filed a complaint with the Illinois Department of Human Rights alleging Exxon Mobil engaged in anti-gay discrimination in hiring practices for an Illinois job posting, which would be a violation of state law. As restitution, the lawsuit seeks enumerated protections based on sexual orientation and gender identity in the company’s equal employment opportunity policy.

Although the state initially threw out the lawsuit in January, the case was back on in July after the Illinois Human Rights Commission overturned that decision and remanded the case for additional review.

According to the notice, the fact-finding conference is an investigative forum “intended to define the issues, determine which facts are undisputed, obtain evidence and ascertain where there is a basis for a negotiated settlement of charge.” The investigator assigned to the case is Krista Sherrock, whose contact number information was redacted by Freedom to Work in the notice.

The investigator conducts the fact-finding conference, the notice states, and determines which persons should be present. During the conference, the investigator reads an opening statement as well as the charge and questions the participants.

Both Tico Almeida, president of Freedom to Work, as well representatives of Exxon Mobil — Kimberly Cunningham, who works in the company’s internal legal department, and Dona Steadman, a human resources adviser — are required to appear at the hearing, according to the notice.

As previously reported, the Chicago-based international law firm Seyfarth Shaw is designated as counsel for Exxon Mobil. The case is being handled for the law firm by attorney Gerald Maatman.

Representing Freedom to Work is Peter Romer-Friedman, an attorney with Cohen Milstein Sellers & Toll PLLC.

“It is encouraging that the Illinois Department of Human Rights is now investigating the merits of Freedom to Work’s discrimination charge,” Romer-Friedman said. “We are confident the evidence will show Exxon broke the law and that Exxon must change its policies so that LGBT workers are no longer subject to harmful discrimination. After a one year delay due to an erroneous dismissal of the case on technical grounds, we look forward to working with the Department to finally hold Exxon accountable.”

Neither Exxon Mobil nor Seyfarth Shaw responded to the Blade’s request to comment on the hearing. A spokesperson for the Illinois Human Rights Department said she was unable to provide to comment on developments of the investigation.

In July, President Obama signed an executive order barring federal contractors from discriminating on the basis of sexual orientation or gender identity, but that directive isn’t expected to take effect until early next year. It remains to be seen whether the executive order or the lawsuit will be responsible for compelling Exxon Mobil to include LGBT protections in its non-discrimination policy.

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

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Federal Government

Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

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Rehoboth Beach

Former CAMP Rehoboth official sentenced to nine months in prison

Salvator Seeley pleaded guilty to felony theft charge for embezzlement

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Salvator Seeley (Photo courtesy CAMP Rehoboth)

Salvator “Sal” Seeley, who served as an official with the Rehoboth Beach, Del., CAMP Rehoboth LGBTQ community center for 20 years, was sentenced on April 5 by a Sussex County Superior Court judge to nine months in prison and to pay $176,000 in restitution to the organization.

The sentencing took place about five weeks after Seeley pleaded guilty to a charge of Theft in Excess of $50,000 for allegedly embezzling funds from CAMP Rehoboth, a spokesperson for the Delaware Department of Justice told the Washington Blade.

Seeley’s guilty plea came shortly after a grand jury, at the request of prosecutors, indicted him on the felony theft charge following an investigation that found he had embezzled at least $176,000 from the nonprofit LGBTQ organization.

“Salvatore C. Seeley, between the 27th day of February 2019 and the 7th day of September 2021, in the County of Sussex, State of Delaware, did take property belonging to CAMP Rehoboth, Inc., consisting of United States currency and other miscellaneous property valued at more than $50,000, intending to appropriate the same,” the indictment states.

“The State recommended a sentence of two years of incarceration based on the large-scale theft and the impact to the non-profit organization,” Delaware Department of Justice spokesperson Caroline Harrison told the Blade in a statement.

“The defense cited Seeley’s lack of a record and gambling addiction in arguing for a probationary sentence,” the statement says. “Seeley was sentenced in Superior Court to a nine-month prison term and to pay a total of $176,000 in restitution for the stolen funds,” Harrison says in the statement.

Neither Seeley nor his attorney could immediately be reached for comment.

At the time of Seeley’s indictment in February, CAMP Rehoboth released a statement saying it first discovered “financial irregularities” within the organization on Sept. 7, 2021, “and took immediate action and notified state authorities.” The statement says this resulted in the investigation of Seeley by the state Department of Justice as well as an internal investigation by CAMP Rehoboth to review its “financial control policies” that led to an updating of those policies.

“As we have communicated from day one, CAMP Rehoboth has fully cooperated with law enforcement,” the statement continues. “At its request, we did not speak publicly about the investigation while it was ongoing for fear it would jeopardize its integrity,” according to the statement. “This was extremely difficult given our commitment to transparency with the community about day-to-day operations during the recent leadership transition.”

The statement was referring to Kim Leisey, who began her job as CAMP Rehoboth’s new executive director in July of 2023, while the Seeley investigation had yet to be completed, following the organization’s process of searching for a new director. It says Seeley left his job as Health and Wellness Director of CAMP Rehoboth in September of 2021 after working for the organization for more than 20 years.

“Mr. Seeley’s actions are a deep betrayal to not only CAMP Rehoboth but also the entire community we serve,” the statement says.

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