ExxonMobil on Trial for Anti-Gay Discrimination

By ARI EZRA WALDMAN

Two applicants apply for the same job -- Marketing Associate for EnormoCorp. The applicants, Alice and Barbara, are identical in some ways: same college, same gender, even the same hometown. But Alice is consistently superior in the relevant qualifications: Alice has a 3.8 GPA to Barbara's 3.2; Alice has been a Marketing Assistant for 5 years, Barbara for only 2; Alice's skills in Excel and other computer programs, all of which are listed in the job description as necessary for the job, is "excellent," but Barbara can only boast of "proficient" skills.

Alice's resume also notes that she is the treasurer of her local chapter of the Gay and Lesbian Victory Fund. Barbara does volunteer campaign work for Emily's List, the organization that helps elect women candidates.

If you ran human resources for EnormoCorp, you'd at least want to interview Alice first. She's the more qualified of the two applicants.

ExxonMobil does things a little differently. It discriminates against the LGBT applicant because it can.

In December of last year, the gay rights organization Freedom to Work and its founder, Tico Almeida, wanted to expose incident of Exxon's antigay discrimination. Mr. Almeida tested the company with two ghost applicants just like Alice and Barbara, and Exxon went for Barbara. In fact, Exxon didn't just opt for the non-gay candidate; when she never responded to their several calls to come in for an interview, Exxon never even contacted the gay applicant as a back up! Along with Peter Romer-Friedman, an attorney at Cohen Milstein Sellers and Toll PLLC, Mr. Almeida is suing Exxon for violating Illinois's nondiscrimination laws. And they're going to win.

The most remarkable thing about this case is not that it highlights the need for a federal LGBT nondiscrimination act. Nor is it that this kind of discrimination happens every day. Those facts are, in fact, quite unremarkable. Rather, what's amazing is that even though the technique of sending in "testers" like Alice and Barbara has been outrageously successful in identifying and stopping discrimination against African Americans, Hispanics, the disabled, and other protected groups, this is the first time it has been used to advance the cause of gay rights.

I will be following this case every step of the way, bringing you updates and progress reports, as well as insights into the employment discrimination litigation process.

I start with the basics: how this case came about and why it's so important,
AFTER THE JUMP...

Michelle Obama Gets in Gay Heckler's Face at DNC Fundraiser: VIDEO

Michelle Obama was speaking at a fundraiser in Northwest Washington when Ellen Sturtz, an activist from the LGBT group GetEQUAL interrupted her speech, demanding that President Obama sign an executive order barring workplace discrimination.

The WaPo reports:

Obama showed her displeasure – pausing to confront Sturtz eye to eye, according to witnesses.
“One of the things that I don’t do well is this,” she said to applause from most of the guests, according to a White House transcript. “Do you understand?”

A pool report from a reporter in the room said Obama “left the lectern and moved over to the protester.” The pool report quoted Obama as saying: “Listen to me or you can take the mic, but I’m leaving. You all decide. You have one choice.”

Obama’s suggestion that she would leave was not included in the official White House transcript.

Sturtz told the WaPo that she was "taken aback" at Obama's response to the heckling: “She came right down in my face."

Added Sturtz: “I said I want your husband to sign the executive orde. Her husband could sign this order tonight and protect 22 percent of the work force in this country.”

Sturtz was reportedly escorted from the fundraiser after the crowd asked Obama to stay.

No cameras were reportedly allowed at the event. At least no video has shown up yet.

Watch ABC News' report on the incident, AFTER THE JUMP...

UPDATE: Chris Johnson at the Washington Blade spoke at lenth with Sturtz following the incident.

UPDATE: The GetEQUAL organizers involved in the demonstration have issued the following statement.

"LGBT people in North Carolina, New Mexico, Ohio and all over the country are dehumanized in our jobs, and we are forced into the closet in order to participate in the American dream. We value the First Lady's leadership and invite her to lead the charge within the Democratic Party to end employment discrimination. President Obama has an executive order sitting on his desk that can protect a quarter of the labor force in the U.S. from workplace discrimination, we will continue engaging leaders in the Administration and the Democratic Party until President Obama fulfills a promise to our community made five years ago."

ExxonMobil Shareholders Reject LGBT Nondiscrimination Measure

(image The Dallas Voice)

This should come as a shock to absolutely nobody: oil giant ExxonMobil's shareholders have once again voted down a proposal that would have provided employment discrimination protections to the company's LGBT employees.

The Dallas Voice reports on the outcome of ExxonMobil's yearly shareholders meeting in downtown Dallas:

Shareholders voted to reject a resolution, 81 percent to 19 percent, from the New York state comptroller calling for the company’s Board of Directors to add sexual orientation and gender identity/expression to the oil giant’s EEO policy. The 19 percent support for the resolution reportedly was the lowest ever.

George Wong addressed the shareholders on behalf of the New York State Common Retirement Fund. He presented the business argument that the company should recruit from and retain the widest possible talent pool. Failure to do that leads to less efficient business operations. Most Fortune 500 companies do have inclusive nondiscrimination policies including most other major oil companies, he said.

During general comments, no one else supported the nondiscrimination proposal.

ExxonMobil has the lowest score ever received by a company in the Human Rights Campaign's Corporate Equality Index, meriting a -25 rating for rescinding LGBT discrimination protections and cancelling domestic partner health benefits when Exxon acquired Mobil in 1999.  Other oil companies, such as Chevron, BP, Shell and Spectra, have received scores of 85 or higher.

Last week, Freedom to Work, an LGBT rights organization that focuses on employment issues, filed a complaint with the Illinois Department of Human Rights alleging that the company engages in discriminatory hiring practices.  In its piece on the complaint, the Huffington Post explained the suit's basic argument:

Jennifer Priston and Michelle Caland are similar in many respects. They both live in Springfield, Ill., attended the same high school and graduated from the same local community college in 2011 after majoring in business administration.

Caland and Priston are also both the inventions of activists, and their fake resumes are now the fodder for a complaint filed against Exxon Mobil, a company gay-rights advocates say is the largest Fortune 500 company to continue to discriminate against gay, lesbian and transgender employees.

On Dec. 4, Freedom to Work, a gay-rights organization that focuses on workplace discrimination, submitted fake resumes for each character for an administrative assistant position at Exxon's Patoka, Ill., office. Only "Caland" got a request for a follow-up interview and activists contend in a complaint filed this week that it's because of one particular item on her resume that set her apart from 'Priston:" Caland volunteered as a secretary for a feminist group, while Priston served as a treasurer for a local chapter of the Victory Fund, a gay-rights organization.

Democratic Donor Withholds Funds Over Immigration, ENDA

Prominent Democratic donor and AFER Board Member Jonathan Lewis is cutting off donations to the party over the exclusion of gay binational couples from the immigration reform bill, the Washington Blade reports:

In a statement provided to the Washington Blade on Tuesday, the Miami-based philanthropist said he’s turning off the tap for Democrats and urging others to do the same over the immigration issue and President Obama’s reluctance to issue an executive order barring LGBT workplace discrimination.

“During the immigration reform debate Senate Democrats had the opportunity to reverse some of the harm caused by DOMA and they buckled under pressure, essentially taking LGBT families for granted,” Lewis said. “With the president failing to deliver on his promised federal contractor executive order and with Senate Democrats caving to Republican threats, now is the time to stop investing in Democratic cowardice and stand proud by withholding donations until we see our friends’ actions and deeds align with their rhetoric — I will be withholding my donation and asking all of my friends and family members to do the same until such time.”

Lewis accompanied his annnouncement with a blog post called No More Excuses, Mr. President in which he expresses frustration over Obama's unfulfilled LGBT promises.

Writes Lewis:

Last week we saw Democratic senators cave to the threats of Republicans rather than stand up for LGBT bi-national couples on immigration reform. And almost five years into his administration, President Obama still refuses to take the single most effective step he can take to ensure equality of opportunity for millions of LGBT Americans: signing a promised executive order that would require federal contractors to add sexual orientation and gender identity to their existing nondiscrimination policies.

...We've done our part -- over and over and over. Now we need to see concrete steps from the president and Democrats in Congress to address these issues. And we won't accept any more excuses.

The DNC LGBT Leadership Council is holding a major fundraiser tonight in New York City, headlined by recently-out basketball player Jason Collins and Michelle Obama and hsoted by Andy Cohen, asking donors for at least $1,250 and up to $32,400 per person.

Senator Majority Leader Harry Reid: 'My Niece is a Lesbian'

Senator Majority Leader Harry Reid (D-NV) spoke about ENDA with reporters today, backing up his support for the legislation by revealing he has a niece who is gay, the HuffPost reports:

My niece is a lesbian," Reid said during a sit-down with reporters. "She's a school teacher. Her employment shouldn't be affected with that. We should have a law that says that, not just the good graces of wherever you work."

Reid's niece declined to be interviewed or to give her name. But per Reid's spokesman, she was fine with Reid making her sexual orientation public.

What are the bill's chances this year?

Reid said there's "a chance" he'll bring up ENDA for a vote this year, noting that he had a meeting about it just last week. He wondered aloud why it doesn't have broad support to pass.

"It's hard to comprehend that we haven't done a better job," he said.

Senator Rob Portman Talks ENDA, Immigration, and Marriage Equality: VIDEO

Buzzfeed sat down with Senator Rob Portman (R-OH) at one of its Buzzfeed Brews events during which beer is guzzled. About half of the discussion was devoted to LGBT issues including immigration, ENDA, and his shift on marriage equality.

Chris Geidner encapsulates the discussion:

Noting that many areas of federal law address marriage-based benefits, Portman counseled against the creation of a specific category for same-sex couples in immigration law — although he stopped short of saying he would oppose such a measure....

...Portman also expressed general support for LGBT employment protections, saying, "I totally support the concept" of the Employment Non-Discrimination Act, which would bar most employers from discriminating on the basis of sexual orientation or gender identity.

"There oughta be a law in place," he said, expressing two potential concerns with ENDA: "litigation that could result" and "religious freedom."

...Asked about criticism he received when announcing his changed view on marriage equality by those who said it shouldn't have taken learning about his son for him to change on the issue, he initially replied, "Whatever."

Portman then said he hadn't thought about the issue in depth prior to learning about his son, although he said that perhaps he should have done so.

Pick up the conversation as it turns to LGBT issues, AFTER THE JUMP...