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Exxon Mobil faces lawsuit over alleged anti-gay bias

Advocacy group sends fake resumes to shed light on hiring practices

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Exxon, Mobil, gay news, Washington Blade

Exxon Mobil is facing an employment discrimination lawsuit over alleged anti-gay hiring practices (photo courtesy wikimedai)

Exxon Mobil is facing an employment discrimination lawsuit based on a legal strategy of resume audit testing that revealed an apparent anti-gay bias in hiring practices.

On Wednesday, the LGBT group Freedom to Work filed a complaint with the Illinois Human Rights Commission contending Exxon Mobil violated a 2005 law in the state prohibiting discrimination against LGBT people.

The case, Freedom to Work v. Exxon Mobil Corp., is novel because the employment discrimination alleged is the result of resume audit testing. Under the strategy, fictitious resumes are sent for the same job opening in an attempt to reveal a candidate belonging to a minority group is unable to land a position.

Tico Almeida, president of Freedom to Work, said black and disability civil rights groups have employed the strategy with great success for decades, but his group’s lawsuit marks the first time an LGBT group has tried it.

“Although they went to the same high school, the LGBT candidate has a higher GPA,” Almeida said. “Although they went to the same college, the LGBT candidate has a higher GPA. Although they do the same kind of work, the LGBT person has longer work experience and better work experience. And then you see who they call back.”

In the test for anti-LGBT bias at Exxon Mobil — which has no non-discrimination policy protecting LGBT workers and has long been criticized by LGBT groups for alleged discrimination in hiring — Freedom to Work sent two applications in December from applicants for an administrative assistant position in Pataka, Ill.

One resume, written for “Jennifer Priston,” demonstrated a candidate who was well-qualified for the position, but outed her as LGBT because she had volunteer experience working for the Gay & Lesbian Victory Fund. The other resume, written for “Michelle Caland” was less qualified in terms of work experience and education, but offered no indication she was LGBT.

Even though Caland was less qualified, she received multiple call backs in response to her application. Priston never received a call back in response to her application even after Caland didn’t respond.

The results of the testing and the pending lawsuit, Almeida said, will force Exxon Mobil to  explain why the company “so desperately” wanted the less qualified non-LGBT candidate over the more qualified LGBT applicant.

“We know that they cannot credibly claim that they didn’t receive the LGBT resume and application because when they were submitted, they sent back to both applicants a receipt acknowledgement saying, ‘Thank you for your application from Exxon Mobil,'” Almeida said. “They can’t claim they didn’t see it.”

Further, Almeida said Exxon Mobil can’t say it didn’t want an employee who had activist experience because the non-LGBT candidate said she worked for a local feminist organization, nor can the organization purport to have engaged in political bias because the candidates have left-leaning resumes.

The result of the testing uncovering apparent anti-gay basis is consistent with a 2011 study at Harvard University that found LGBT applicants were 40 percent less likely to be granted an interview than a straight applicant.

The lawsuit was filed a week before the shareholders at Exxon Mobil are set to consider a resolution from New York State Comptroller Thomas DiNapoli, whose state owns considerable shares in the company, to put in place an LGBT non-discrimination policy. The resolution has come up repeatedly over the years and each time has failed, including last year, when it won support from only 20.6 percent of shareholders.

To reach a settlement in the case, Almeida said he’s asking Exxon Mobil to adopt a company-wide LGBT non-discrimination policy and train its workers across the country on implementation.

“We hope that we will shame them into settling this very quickly,” Almeida said. “If they agree to adopting and training HR people on it, we will settle the case as quickly as we can.”

But if Exxon Mobil chooses to fight the lawsuit, Almeida said the case will go into discovery, which means Freedom to Work will subpoena internal documents from the company and depose staffers to expose anti-gay bias in hiring practices.

“No one has ever gotten an inside look as to what their HR professionals think and why they were taught these policies and why they’re existing,” Almeida said. “As the litigation proceeds, we will get to subpoena those internal documents, and we will get to depose the HR professionals and ask them all these questions.”

Charlie Engelmann, an Exxon Mobil spokesperson, said in response to the complaint from Freedom to Work that the company already has policies protecting LGBT workers.

“Exxon Mobil’s global policies and processes prohibit all forms of discrimination, including those based on sexual orientation and gender identity, in any company workplace, anywhere in the world,” Engelmann said. “In fact, our policies go well beyond the law and prohibit any form of discrimination. We are reviewing the complaint filed with the Illinois Department of Human Rights by Freedom to Work, a non-profit organization.”

Despite the response, Almeida pointed out the company made the same assertion last year prior to the failed vote on the non-discrimination policy — only to have it rejected by the U.S. Securities & Exchange Commission.

“Prior to the vote on the resolution, Exxon asked the U.S. Securities & Exchange Commission for permission to stop shareholders from voting on the resolution, based on Exxon’s view that it had already complied with the proposal,” Almeida said. “However, the SEC rejected Exxon’s request, explaining that ‘it appears that ExxonMobil’s policies, practices, and procedures do not compare favorably with the guidelines of the proposal and that ExxonMobil has not, therefore, substantially implemented the proposal.'”

Illinois was one of two states in which Freedom to Work uncovered apparent anti-gay bias in hiring practices. Almeida did the same paired resume testing in Texas and uncovered similar results at Exxon Mobil.

But Texas doesn’t have a statewide LGBT workplace non-discrimination law on which to base a lawsuit, and no federal non-discrimination protections are in place to help LGBT people. The Employment Non-Discrimination Act isn’t law, nor is an executive order in place prohibiting anti-LGBT bias among federal contractors.

Over the past 10 years, Exxon Mobil received more than $1 billion in federal contracts. If President Obama issued a much-sought executive order prohibiting anti-LGBT job bias among federal contractors, Freedom of Work could have asked the Labor Department to take action against the company.

Almeida emphasized that executive order would have provided Freedom to Work the opportunity to take action against the oil company in Texas as well as Illinois.

“If the president had signed the order, we would have filed the testing results from Texas with the Department of Labor and asked them to do an investigation, and asked them to order Exxon-Mobil to adopt an LGBT non-discrimination policy,” Almeida said. “This is an example of how the president’s delay is slowing down civil rights.”

The White House has said it prefers a legislative approach to addressing LGBT workplace discrimination. Shin Inouye, a White House spokesperson, reiterated in response to the lawsuit on Wednesday that he has nothing to say about the executive order.

“Regarding a hypothetical Executive Order on LGBT non-discrimination for federal contractors, I have no updates for you on that issue,” Inouye said.

The lawsuit is novel in another way because with no real persons suffering discrimination, the named plaintiff in the lawsuit is Freedom to Work itself. Most LGBT legal groups, like Lambda Legal, file complaints that name LGBT people who’ve faced discrimination as the plaintiff.

Almeida said organizational plaintiffs are acceptable under Illinois state law as well as alleged discrimination in response to paired resume testing. In the 2000 decision of Kyles v. J.K. Guardian Security Services, the U.S. Seventh Circuit Court of Appeals in Illinois upheld the right of testers to bring these claims after two black testers brought a race discrimination action to federal court. They were allowed to proceed to a trial and later settled their claims with the employer.

Additionally, the U.S. Supreme Court has previously validated lawsuits on the basis of paired resume audit testing in its decisions on earlier litigation. In the 1982 case of Havens Realty Corp. v. Coleman, the court held testers can sue to challenge housing discrimination and that groups conducting the testing can also file a lawsuit to remedy discrimination.

Also working with Freedom to Work on the testing was the Equal Rights Center, a D.C.-based advocacy organization, which has experience with resume testing for minority groups.

Donald Kahl, executive director of the Equal Rights Center, explained in a statement the validity of filing employment discrimination lawsuits based on testing and their applicability to LGBT people.

“Based on the Equal Rights Center’s 30 years of testing experience, and nearly 2,000 tests conducted in the last year, our testing methodologies are recognized and accepted by the civil rights community, government agencies, and the courts,” Kahl said. “The type of testing we conducted with Freedom to Work is a critical part of objectively demonstrating why our LGBT community needs and deserves anti-discrimination protections.”

The legal team representing Freedom to Work in the lawsuit is Cohen Milstein Sellers & Toll PLLC, a group that has experience representing women who alleged gender discrimination in employment at the retail giant Walmart Stores, Inc.

As the lawsuit proceeds, Almeida said Freedom to Work will continue testing for anti-LGBT workplace bias at other companies and take action as necessary.

“Our work is not completed,” Almeida said. “We’re going to test other companies, and if we find out about discrimination, we’re going to file additional lawsuits.”

Fred Sainz, vice president of communications for the Human Rights Campaign, said the nation’s largest LGBT group also supports the lawsuit.

“HRC supports efforts to ensure that all LGBT Americans are judged at work based on how they perform, not on who they are,” Sainz said. “Those efforts include advocating for corporate policies, seeking recourse under state and local laws, and of course working to pass ENDA and a federal executive order.”

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Florida

Fla. Senate passes ‘Anti-Diversity’ bill that could repeal local LGBTQ protections

Bipartisan coalition urges Florida House to reject ‘extremism’ measure

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

The Florida Senate on March 4 voted 25-11 to approve an “Anti-Diversity in Local Government” bill that critics have called a sweeping and extreme measure that, among other things, could repeal local LGBTQ rights protections.

According to Equality Florida, a statewide LGBTQ advocacy organization, if approved by the Florida House of Representatives and signed by Republican Gov. Ron DeSantis, the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented’ with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

In a March 4 statement, Equality Florda added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

The Florida House was scheduled to vote on the bill on Monday, March 9, with opponents hopeful that a broad coalition of both Democratic and Republican lawmakers would secure enough votes to defeat the bill.

“Once again, Gov. DeSantis and Florida lawmakers are advancing one of the most sweeping and extreme bills in the country — this time threatening decades of local progress supporting diverse communities, including the LGBTQ community,” said Equality Florida Senior Political Director Joe Saunders. “This legislation is a sledgehammer aimed at cities and counties that recognize and address the diversity of the people they serve,” he said.

Among the LGBTQ organizations that could be adversely impacted by the bill is the highly acclaimed Stonewall National Museum, Archives and Library located in Fort Lauderdale.

Robert Kesten, the Stonewall organization’s president and CEO, told the Washington Blade the organization receives some funding from Broward County, in which Fort Lauderdale is located, and the city of Fort Lauderdale has provided support by purchasing tables at some of the museum’s fundraising events.

“Based on this legislation, hose things would be gone,” he said. “We also are based in a government building. So, we don’t know what potential side effects that could have.” He noted that the building in question is owned by Broward County and leased by Fort Lauderdale, with the bill’s vaguely worded provision making it unclear whether Stonewall would be forced to leave its building.

“It’s unknown, and we’re really in unchartered waters,” he said.

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13 HIV/AIDS activists arrested on Capitol Hill

Protesters demanded full PEPFAR funding

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(Washington Blade photo by Michael Key)

U.S. Capitol Police on Thursday arrested 13 HIV/AIDS activists in the Cannon House Office Building Rotunda.

The activists — members of Housing Works, Health GAP, and the Treatment Action Group — joined former PEPFAR staffers in demanding full funding of the program that President George W. Bush created in 2003. They chanted “AIDS cuts kill, PEPFAR now!” and unfurled banners from the Rotunda’s second floor that read “Trump and (Office of Management and Budget Director Russell) Vought kill people with AIDS worldwide,” “Over 200,000 deaths since January 2025,” and “Hands off PEPFAR” before their arrest.

(Washington Blade video by Michael K. Lavers)

This protest is the latest against the Trump-Vance administration’s HIV/AIDS policies since it took office.

Secretary of State Marco Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Washington Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia is among the nations in which the breakthrough HIV prevention drug has arrived.

The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29, 2025, said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.

The White House in January announced an expansion of the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. The Council for Global Equality and other groups say the expanded rule will adversely impact HIV prevention efforts around the world.

A press release that Housing Works and Health GAP issued on Thursday notes more than $977 million “in appropriated PEPFAR funding for HIV prevention and treatment was unspent by the end of fiscal year (FY) 2025 — triple amount unspent at the end of FY 2024.”

“Activists predict this backlog will worsen rapidly in FY 2026 unless Congress immediately reasserts its Constitutionally-mandated oversight authority,” notes the press release.

The press release also indicates funding for the Centers for Disease Control and Prevention’s PEPFAR programs “will run out” by April 1 because “only 45 percent of their FY26 funding has been transferred from the State Department.

“Unless funding is transferred immediately, CDC’s global HIV programs across sub-Saharan Africa, Asia and the Caribbean will grind to a halt,” notes the press release.

The activists demanded Trump, Vought, Rubio, and Congress do the following:

  • Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs 
  • Immediately release already-appropriated, unobligated PEPFAR funds 
  • Break the blackout on PEPFAR data, so Congress and people with HIV know how funding is being spent and can program based on data  
  • Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs.

“PEPFAR has saved more than 26 million lives and changed the trajectory of an epidemic,” said Housing Works CEO Charles King. “However, the Trump administration’s decision, over the objection of Republicans in Congress, to freeze PEPFAR funding has caused decades of progress to come undone and has been a death sentence for people with HIV relying on life-saving treatment. The U.S. must immediately restore PEPFAR funding and regain our standing in the global fight against HIV.”

King is among the activists who were arrested.

(Washington Blade video by Michael K. Lavers)

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Texas

Talarico beats Crockett in Texas primary

Pro-LGBTQ seminarian hopes to turn seat blue

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Texas state Rep. James Talarico (Screen capture via James Talarico/YouTube)

Texas state Rep. James Talarico won a hard-fought primary Tuesday to become the state’s Democratic nominee for U.S. Senate, defeating U.S. Rep. Jasmine Crockett in one of the year’s most closely watched and competitive Democratic contests.

Talarico, a Presbyterian seminarian and three-term lawmaker from Round Rock, was declared the winner by the Associated Press early Wednesday morning after a closely tracked vote count that drew national attention.

“Tonight, the people of our state gave this country a little bit of hope,” Talarico told the AP. “And a little bit of hope is a dangerous thing.”

With 52.8% of the vote to Crockett’s 45.9%, Talarico secured the nomination outright, avoiding a runoff and capping months of sharp contrasts between the two candidates over strategy, messaging, and how best to compete statewide in Texas. Democrats hope the competitive primary — and the relatively narrow margin — signals growing momentum in a state that has not elected a Democrat to the U.S. Senate since 1988.

Talarico has long expressed support for the LGBTQ community, a position he highlights prominently on his campaign website. Under the “Issues” section, he directly addresses assumptions that might arise from his faith and background as a seminarian in a deeply conservative state.

“My faith in Jesus leads me to reject Christian Nationalism and commit myself to the project of democracy,” his website reads. “Because that’s the promise of America: a democracy where every person and every family — regardless of religion, race, gender, sexual orientation, or any other difference between us — can truly be free and live up to their full potential.”

Crockett struck a conciliatory tone following her defeat, emphasizing party unity ahead of November.

“This morning I called James and congratulated him on becoming the Senate nominee,” Crockett told Politico. “Texas is primed to turn blue and we must remain united because this is bigger than any one person. This is about the future of all 30 million Texans and getting America back on track.”

Talarico also drew national attention earlier in the race when “Late Show” host Stephen Colbert said he was initially unable to air an interview with the state legislator due to potential FCC concerns involving CBS. The episode sparked a broader political debate.

Brendan Carr, chair of the Federal Communications Commission, appointed by President Donald Trump, told reporters the controversy was a “hoax,” though he also acknowledged Talarico’s ability to harness the moment to build support as an underdog candidate. The interview was later released online and garnered millions of views, boosting Talarico’s national profile.

In November, Talarico will face the winner of the Republican primary between incumbent Sen. John Cornyn and Texas Attorney General Ken Paxton, who have been locked in a bruising GOP contest. Rep. Wesley Hunt was also in the Republican primary field. The GOP race is expected to head to a May runoff.

In a joint statement, Senate Minority Leader Chuck Schumer and Democratic Senatorial Campaign Committee Chair Kirsten Gillibrand praised Talarico’s victory and framed him as a candidate capable of broad appeal.

“As an eighth-generation Texan, former middle school teacher, and Presbyterian seminarian, James will be a fighter for Texans from all walks of life and of all political stripes,” they said. “In November, Texans will elect a champion for working people: James Talarico.”

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