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Chicago firm to defend Exxon Mobil against charges of anti-gay bias

Seyfarth Shaw has pro-LGBT reputation and perfect HRC score

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Exxon, Mobil, gay news, Washington Blade

Seyfarth Shaw is representing Exxon Mobil in a lawsuit alleging anti-gay bias against the company. (Photo of Exxon sign by Ildar Sagdejev, photo of Mobil sign by Terence Ong; courtesy Wikimedia Commons).

A Chicago-based law firm known as Seyfarth Shaw is representing oil-and-gas giant Exxon Mobil against charges of alleged anti-gay bias in hiring practices, according to the LGBT group Freedom to Work.

Tico Almeida, president of Freedom to Work, told the Washington Blade on Thursday night the Chicago office of Seyfarth Shaw elected this month to represent Exxon Mobil in the lawsuit, which was filed by his organization and is pending before the Illinois Department of Human Rights.

“I believe that even the most disgusting criminals should have access to counsel when they violate the law, and Exxon’s shareholders will now pay big bucks for Seyfarth’s lawyers, who are probably some of the most expensive corporate defense lawyers in the country,” Almeida said. “But I don’t think there’s any need for Seyfarth to run up their billable hours since Freedom to Work would like to settle the case today.”

Seyfarth Shaw is a massive international law firm and employs more than 800 attorneys throughout the world. It bills itself on its website as “a national platform and an international gateway” that helps businesses in litigation, employment, corporate, real estate and employee benefits.

Freedom to Work filed the lawsuit against Exxon Mobil in May after conducting a test in which it sent two fictitious resumes for a job opening at the company in Illinois. One was from a more qualified applicant who outed herself as LGBT on her resume; the other was a less qualified applicant who gave no indications about her sexual orientation or gender identity. The less qualified non-LGBT applicant received multiple callbacks, the more qualified LGBT applicant received nothing.

The organization filed a complaint against the company on the basis that it had violated Illinois state law, which prohibits employment discrimination on the basis of sexual orientation. Legal precedent within Illinois and the U.S. Supreme Court allows for paired-resume testing as a basis to file an employment discrimination lawsuit against a company.

Almeida said that Exxon Mobil could settle the case by adopting a policy prohibiting discrimination against LGBT workers.

“In fact, one settlement option would be for Exxon to copy and paste Seyfarth’s own LGBT workplace policies, which have previously earned the lawfirm a 100 percent LGBT rating from the HRC,” Almeida said. “Exxon could also copy and paste the Chevron LGBT workplace policy, and we would accept that as part of the settlement.”

The Chicago office of Seyfarth Shaw didn’t respond to multiple requests this week to confirm that it has decided to represent Exxon Mobil or explain why it has decided to represent the company.

William Holbrook, an Exxon Mobil spokesperson, had no comment on whether his company selected Seyfarth Shaw to defend it against the Freedom to Work lawsuit.

Mike Coffey, a spokesperson for the Illinois Department of Human Resources, wouldn’t confirm that Seyfarth Shaw is participating in the lawsuit, but affirmed the case is under investigation.

Seyfarth Shaw is known for adopting pro-LGBT policies. It has a 100 percent rating on the Human Rights Campaign’s Corporate Equality Index. In addition to having an LGBT non-discrimination policy, the law firm offers same-sex partner benefits, transgender health coverage and was among the companies that signed a legal brief before the U.S. Supreme Court against the Defense of Marriage Act.

In a statement from 2011, Seyfarth Shaw Chair J. Stephen Poor touted receiving a perfect score on the HRC report for the fourth consecutive year.

“We are proud to earn this recognition and to have maintained the perfect score for the fourth year in a row, demonstrating that we don’t just ‘talk the talk,'” Poor said at the time. “We know that diversity is important to clients, and it’s equally important to us.”

Michael Cole-Schwartz, a Human Rights Campaign spokesperson, said his organization would dock a hypothetical law firm for representing Exxon Mobil in a case alleging anti-gay bias at the company.

“Yes, we would and have done so in the past,” Cole-Schwartz said. “The firm Foley & Lardner was docked 15 points previously for their work representing organizations trying to stop marriage equality (engagements which have since ended and they are no longer docked), although it should be noted the firm has also had a long history of pro bono support for LGBT causes.”

Starting with the 2012 report, Cole-Schwartz said HRC raised the possible point deduction from -15 to -25. One of the criteria on which companies are judged in the report is “responsible citizenship” or having “no known activity that would undermine LGBT equality.”

Informed by the Washington Blade that Seyfarth Shaw was the law firm defending Exxon Mobil, Cole-Schwartz said the situation is currently under evaluation. HRC has previously praised Freedom to Work’s lawsuit against the company.

“We’re still in the process of collecting data from companies for this year’s CEI ratings and taking a look at the lawsuit and how it might play a role in a score,” Cole-Schwartz said. “We will make a determination once we have all the information.”

Almeida is set to speak on a panel with Jeffrey Wortman, an attorney from the Los Angeles office of Seyfarth Shaw on Friday at the annual Lavender Law Conference, which this year is taking place in San Francisco. The panel is titled, “We Have An Anti-Discrimination Law! Now What?” and will address ways to enforce state non-discrimination laws through the country.

“I’m looking forward to presenting the Exxon case at this weekend’s Lavendar Law panel, and it will be interesting to see if Seyfarth’s representative on the panel will publicly defend Exxon’s anti-gay policies,” Almeida said.

Also of note, one of the attorneys at Seyfarth Shaw, Camille Olson, testified in 2009 before the House and Senate on the Employment Non-Discrimination Act. She argued neither for or against the legislation, but said it should be changed for greater clarity, such as in the area of disparate impact on the issue of whether Title VII and ENDA will provide duplicate causes of action. Many changes along the lines of her recommendations were adopted in subsequent versions of the legislation.

Almeida, who’s also among the chief advocates for passage of ENDA, said he remains hopeful Exxon Mobil and Seyfarth Shaw come to embrace LGBT employment non-discrimination polices and advocacy.

“One day when historians write the accounts of ENDA and Exxon, it will be interesting to see whether the lawyers at Seyfarth are considered among the good guys or the bad guys,” Almeida said. “I think that the jury is still out. I hope both Seyfarth and Exxon do the right thing and take the side of basic workplace protections for LGBT Americans.”

UPDATE: This article has been update to include an additional comment from HRC’s Michael Cole-Schwartz.

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The White House

Jane Rigby awarded Presidential Medal of Freedom

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NASA astrophysicist Jane Rigby, the senior project scientist for the space agency's James Webb Space Telescope, was awarded the Presidential Medal of Freedom by President Joe Biden on May 3, 2024, at the White House. (Photos courtesy of NASA)

Sitting among a diverse and venerable group of Americans from every walk of life on the dais in the East Room of the White House on May 3 was lesbian and NASA astrophysicist Jane Rigby, awaiting her turn to be honored by President Joe Biden who would bestow the Presidential Medal of Freedom, the nation’s highest civilian honor, on her.

Rigby, an astronomer who grew up in Delaware, is the chief scientist of the world’s most powerful telescope who alongside her team operating NASA’s James Webb Space Telescope, studies every phase in the history of the universe, ranging from the first luminous glows after the Big Bang, to the formation of solar systems capable of supporting life on planets like Earth, to the evolution of the solar system. 

A member of Penn State’s Class of 2000, Rigby graduated with a bachelor’s degrees in physics and astronomy. She also holds a master’s degree and a PhD in astronomy from at the University of Arizona. Her work as the senior project scientist for NASA’s Webb Telescope includes studies on how galaxies evolve over cosmic time and she has published more than 140 peer-reviewed scientific papers.

Rigby was named to Nature.com’s 2022 list of 10 individuals who shaped science and to the BBC’s list of 100 inspiring and influential women in the same year. Rigby had postdoctoral fellowships at Carnegie Observatories in Pasadena, Calif., before landing her job at Goddard Space Flight Center. In 2013 Rigby was awarded the Robert H. Goddard Award for Exceptional Achievement for Science.

A founding member of the American Astronomical Society’s Working Group on LGBTQ Equality in January 2012, now called the Committee for Sexual Orientation and Gender Minorities in Astronomy, Rigby serves as its Board Liaison until her term expires this June.

The lesbian astrophysicist in an interview for SGMA’s website spoke about her experiences including coming out:

“I’ve been out since 2000. My story’s simple — I fell in love with a fellow grad student in the department. It was a close-knit department, so hiding would have been ludicrous. Nor did I want to hide the best thing in my life! So, we were out as grad students. I certainly heard people say awful homophobic things at work there. They weren’t directed at me, and they weren’t said by people with power over me. If I recall, I was much less afraid of homophobic discrimination at work, than I was afraid of the two-body problem, and the lack of support we would receive as a same-sex couple in astronomy. That fear turned out to be justified. I’ve seen numerous different-sex couples get a wide range of support in solving the two-body problem, which was never offered to us,” she told the interviewer.

She reflected on American astronaut and physicist Sally Ride, her childhood role model who had an impact on her career:

“One of my biggest role models when I was young was Dr. Sally Ride. A few years ago, on her deathbed, Dr. Ride chose to write in her obituary that her life partner had been a woman. Dr. Ride was the most influential woman scientist when I was growing up — the person that made me say, “I want to do THAT when I grow up.” It was because of her that I realized that astrophysics was a profession, that physics was a subject girls could study, that NASA needed astrophysicists. So I’m so … amused, I suppose, that Sally Ride was this influence on my life’s path, at a time when I was completely unaware that it was even possible to *be gay* — and at the same time, she was gay, in love, and deeply closeted to keep her job.”

The interviewer noted that “for some women being gay is a cause for concern at the work place. Some say they were unsure about how to turn their sexual orientation into a positive aspect of their work persona.” Then asked Rigby what is your view on this?

“My experience is that absolutely I am a *better* astronomer because I’m queer. For a few reasons. First, I see things different than my colleagues. On mission work, as we weigh a decision, my first thought is always the community impact: ‘If we do things this way, who benefits, and who gets left out in the cold?’ Will this policy create inclusion, or marginalization? I think about science in terms of community-building. What team do we need to tackle a given science problem, with skills that are different from mine? Absolutely I think that way because I’m an outsider, because I’ve been marginalized. And because community-building is central to LGBTQ culture,” she said.

Married to Dr. Andrea Leistra, Rigby, her wife and their young child reside in Maryland not far from her workplace at the NASA Goddard Space Flight Center in suburban Washington and when not studying the universe is often found on the neighboring Chesapeake Bay wind boarding, a favored pastime.

Also honored in the ceremony Friday were a former U.S. vice president, a civil rights worker and martyr, two former Cabinet secretaries — one a former U.S. secretary of state, a speech writer for the late Dr. Martin Luther King Jr., an Olympian and gold medalist, and one of the most powerful woman political leaders and the speaker emeritus of the U.S. House of Representatives, among others, and LGBTQ advocate Judy Shepard.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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