_____'s DOJ Argues That It's Legal To Fire Employees For Being Gay

We’ve seen the _____ Administration come for Mexicans, we’ve seen them come for Muslims, we’ve seen then come for women’s rights, and we wondered when they might come for us; the answer is, now.

In arguments before the 2nd Circuit Court of Appeals last week lawyers for the _____ administration argued that discrimination against gay workers is legal.

Yes, it’s true; the Department of Justice [DOJ] and the Equal Employment Opportunity Commission [EEOC] are facing off against each other in Zarda v. Altitude Express, Inc., a case concerning a man fired from his job because he is gay.

This is the case: Donald Zarda, a skydiving instructor was fired for being gay in 2010. As part of his job, Zarda had to tether himself tightly to a female client for a tandem jump, and when she told him she felt uncomfortable, he confided in her that he was gay.’

The school fired Zarda after the client’s boyfriend complained. Zarda died several years ago in a skydiving accident, and his partner Bill Moore is pursuing the case.

The en banc hearing—meaning the case will be heard by the full 2nd Circuit court—is a rare thing, but is also a strong indication of the case’s significance. The court is set to reconsider a 17-year-old legal precedent stating that employment discrimination based on sexual orientation is not prohibited under federal law.

Justice Department attorney Hashim Mooppan argued that judges must interpret laws based on lawmakers’ “intent” and he says Congress didn’t have the LGBT community in mind when it crafted Title VII of the Civil Rights Act of 1964, so firing someone because they’re gay is just fine. And, you know, because being gay is a sin, Mooppan compared the situation  to an employer firing a worker for having an affair or being promiscuous; Mooppan believes that, under federal law, employers are free to “regulate employees’ off-the-job sexual behavior,” meaning they could discriminate against employees for adultery, promiscuity or sexual orientation.

Doesn’t it seem rather clear cut? I mean, from what we all know, cheating on your spouse, or being sexually promiscuous are choices, being gay is not And don’t get me started on your boss firing you because you cheated on your spouse; since when does an employer have a right to fire someone for their, ahem, extracurricular activities, if they don’t impede on job performance, or if they aren’t cheating with a fellow employee? I mean, if it’s going to be legal to fire adulterers or promiscuous men and women, get ready for a boom in unemployed Americans.

Still, even though anti-gay activists may have taken control of the DOJ, they seem unlikely to persuade the court that America’s gay employees don’t deserve civil rights. But just think of that: the _____ Administration is arguing that gay people can be fired just for being gay ... it’s like being fired because you have blue eyes, or brown skin ... you’re going to be fired for being yourself.

Earlier this year, an appeals court in Chicago ruled that Title VII prohibited discrimination against LGBT people in a case that involved a lesbian teacher from Indiana, and several weeks before that, a panel of judges in Atlanta came to the opposite conclusion regarding Title VII.

Clearly, the LGBT community is still not equal under the law, when the same rules can be twisted to say you can’t be fired, or you can be fired, for being gay.

The march goes on ... sigh.

Walmart Guilty Of Anti-Trans Discrimination and HRC Looks The Other Way

The closest grocery store to Casa Bob y Carlos is a Walmart and every week Carlos and I drive right past it to do our grocery shopping because, well, Walmart; I loathe that store and now I have one more reason to add to my arsenal.

Back in December of 2016, Walmart settled a class action lawsuit for $7.5 million brought by current and former gay and lesbian employees who were denied benefits like insurance for their legal spouses.

And then last month Walmart lost a federal Equal Employment Opportunity Commission [EEOC] case when the board ruled that the company had discriminated and harassed a transgender woman at a Sam’s Club in Florida.

So, let’s make this queer: Walmart has been found to treat its LGBT employees as less than, and is also guilty of anti-transgender behavior. Hopefully it’s a lesson learned and ...

What? They’re at it again.

Last week another transgender woman, Charlene Bost, has won her case against Walmart before the EEOC. Bost had alleged that she was harassed by coworkers at a Sam’s Club in North Carolina, treated differently, unfairly disciplined, and ultimately fired after she came out as trans:

“Sam’s Club wasn’t safe for me as a transgender woman. No one should be treated the way I was while just trying to do my job. I care about doing good work, but my efforts were met with bias, hostility and retaliation from coworkers and supervisors who targeted me for being transgender.”

And she is so right, but, because I like to be fair, let’s hear what Walmart spokesperson Randy Hargrove had to say:

“Walmart maintains a strong anti-discrimination policy. We support diversity and inclusion in our workforce and do not tolerate discrimination or retaliation of any kind.  While we disagree with the EEOC’s findings, we are open to discussions with Ms. Bost regarding a conciliatory resolution.”

Wait; let that sink in. Walmart has been found guilty of treating gay and lesbian employees as less than, and has been found guilty of harassing trans clients at stores in both Florida and North Carolina, but they are calling themselves inclusive and supportive?

Honey, if that’s your idea of treating people equally, of fighting discrimination, of creating a diverse work environment, y’all best get a Thesaurus and figure out what those words mean.

And even more odd, despite these discrimination stories, and the generally poor treatment Walmart gives to their workers, the company continues to score highly on the Human Rights Campaign‘s Corporate Equality Index.

Huh; maybe HRC better rethink the way they score these folks because these stories are not good. In fact, Pride At Work, the nonprofit that represents LGBTQ working people, has criticized HRC for the way it scores the CEI for years:

“We are disappointed that the HRC Corporate Equality Index rewards big corporations for questionable employment practices without taking into consideration the lived experiences of the LGBTQ working people in those corporations.”

Perhaps it comes down to cash? Walmart is a “diamond sponsor” for HRC’s upcoming National Dinner, meaning they have donated at least $35,000 to the organization annually.

So, is it just me, or does it seem like Walmart mistreats its LGBTQ employees, and customers, and yet the Human Rights Commission looks the other way because a big check is on the way in?

Either way, best to avoid Walmart if you’re LGBTQ, or LGBTQ-friendly because no amount of savings is worth the discrimination.

LGBTQ Nation

Oklahoma Sets A New Record For Anti-LGBT Discrimination

I’m thinking of moving to Oklahoma, or, as I like to think of it, Oklahomo, after reading this week about a slate of new bills the state legislature is considering.

See, it looks like Oklahomo has no gun violence problem, no environmental issues, no economic concerns, no health troubles; it looks like it’s all good in Oklahomo, which is why I’ve suggested to Carlos that we move …except …

Since they have no other pressing issues in the state, the Oklahomo state legislature is preparing a slew of anti-LGBT measures because, well, it’s The Gays you know. In fact, Oklahomo has bested Texas for the most anti-LGBT measures before its legislature — there were 23 Hate Bills in the Lone Star state last year, but Oklahomo has some 26 pieces of hate pending:

HJR 1059 skips the committee process and doesn’t require the governor’s signature, but if approved by voters, it would amend the state constitution to allow any religious organization, private business, or individual to refuse to recognize any same-sex marriage and to be legally allowed to refuse to provide services and not be sued for discrimination. In addition, it guarantees that child-placing agencies would never be required to place a child with a family if it violated their religious beliefs.

HB 3044, proposed by anti-LGBT loon Sally Kern, bans school counselors, therapists, administrators, or teachers from providing students with guidance or information about “human sexuality” without notifying their parents, thus outing LGBT and LGBTQ students.

SB 1014 makes it illegal for a person to use a gender-specific restroom when that person’s biological gender is contrary to that of the gender-specific restroom.

HB 3049 bans transgender students from using sex-segregated facilities in accordance with their gender identities.

SB 1323 threatens school districts’ state aid if they accommodate a trans student; the only way a district could save its funding would be to reverse the policy and/or force trans students to use single-occupancy facilities.

SB 21 allows students to express religious viewpoints at any school event; the bill runs counter to anti-bullying policies that protect LGBT students if the bully claims that expressing their homophobic views was protected religious speech.

HB 1598 actually makes it illegal to ban ex-gay therapy.

HB 1371 says the state has no compelling interest in forcing anyone to “participate in any marriage ceremony, celebration, or other related activity or to provide items or services for such purposes against the person’s religious beliefs.”

SB 898 updates RFRA with provisions that make it clear that religious businesses can discriminate, even if it means violating local nondiscrimination practices.

SB 440 expands the definition of “religious entity” to include a privately-held business operating with a sincerely held religious belief.

SB 1289 says no municipality can pass a law that goes beyond what is set by state law, including the passage of LGBT anti-discrimination laws.

SB 1328 ensures that no individual would ever have to provide any service “used in a marriage ceremony or celebration of a specific lifestyle or behavior, or to promote, advertise, endorse or advocate for a specific marriage, lifestyle or behavior.”

HB 1597 is another piece of Sally Kern Hate and states that no business shall be required to provide any services, accommodations, advantages, facilities, goods or privileges related to any LGBT person, group or association.

HR 1032 says that “natural marriage” between one man and one woman remains the law, regardless of any court decision — screw you, SCOTUS — to the contrary, and demands that the Attorney General to defend against marriage equality.

SB 973 prevents the government from funding the “licensing or support of same-sex marriage.” So, a county clerk issues a license for a same-sex couple to legally marry, he or she would no longer receive a salary.

SB 805 is another version of the “Preservation of Sovereignty and Marriage Act” that was introduced last year.

HB 1599, another version of the “Preservation of Sovereignty and Marriage Act” cuts off administrative support for same-sex marriage without technically banning it.

SB 811 ensures that ministers can officiate marriages even if they oppose the requirement of a state-issued marriage license.

SB 733 requires marrying couples to undergo a blood test to prove they do not have communicable syphilis or any other communicable disease; if a physician identifies a disease that is communicable — and that includes HIV, HPV and even the flu — the couple cannot obtain a marriage license.

SB 724 establishes covenant marriage — one man and one woman — in which couples undergo premarital counseling and accept limited conditions for divorce.

SB 478 guarantees that no individual or religious entity would ever have to recognize a same-sex couple’s marriage or provide any service related to that union if it violated their religious beliefs.

HB 1663, more Sally Kern Hate, creates a new section of law not to be codified in the state code called the “Marriage Act of Oklahoma.”

Wow, it’s all hate in Oklahoma it seems, though there is one tiny pinprick of light in one bill — yes, just the one — that actually does some good for LGBT people:

HB 1345 would create statewide employment protections on the basis of sexual orientation and gender identity, though it does not take up housing or public accommodations.

Really, Oklahomo? There is nothing else going on in your state you’re your elected officials have the time to create twenty-six pieces of proposed legislation, all of to allow discrimination of LGBT citizens? Is this what you want Oklahomo?

I don’t believe you do, and even if you do, are you willing to pay, via your taxes, when the state is sued by LGBT citizens, and the United States of America, for discrimination? That’s what will happen. And if you’re fine with your tax dollars going to pay off your state’s legal debts then sit tight and allow discrimination to become the law of the land.

But remember, those people allowing discrimination today are the very people who might face discrimination tomorrow, and who will stand up for you?

Think Progress

The March Goes On ... Just Don't Hold Your Breath

This is kinda good news, though with a ‘Don’t Hold your Breath’ caveat, but there’s a new bill set to be introduced into Congress today that would explicitly ban anti-LGBT discrimination in all areas of civil rights law.

The bill, the Equality Act, sponsored by Democratic Representatives David Cicilline [above left], of Rhode Island, and Jeff Merkley [above right], of Oregon, would ban  anti-LGBT discrimination in seven areas: credit, education, employment, federal funding, housing, jury service and public accommodations.

The name of the bill is the same as one introduced more than forty years ago by the late Congresswoman Bella Abzug that would have amended the Civil Rights Act of 1964 to include sexual orientation.

Forty years is a long time …

Of course, this bill, as any with regards to the LGBT community, faces an uphill battle in a GOP Congress. As of now there are no Republican co-sponsors, but Cicilline says lawmakers have until Thursday at noon to sign on as original co-sponsors. Even some LGBT-friendly Republicans, Ileana Ros-Lehtinen, Susan Collins Mark Kirk haven’t come out in support of the bill.

“I think it’s clear where the Democrats stand on this, but I think we’re all hopeful that we’ll be able to bring this effort forward in a bipartisan way. We’re not in a position yet to say that’s the case, but, obviously, I’m going to continue to do outreach, as I know Sen. Merkley is going on the Senate side to try to make this a bipartisan effort. But we won’t know that, obviously until the bill is introduced.” — David Cicilline

Most people say the Equality Act won’t see any movement in Congress, and also say, sadly, that if any LGBT legislation gets passed it just might be the First Amendment Defense Act, a religious freedom bill like that vile one in Indiana, which seems to allow, and celebrate anti-LGBT discrimination.

That hateful bill, introduced by Senator Mike Lee and Representative  Raul Labrador, both Republicans, has 130 co-sponsors in the House and 36 co-sponsors in the Senate.

While we won one battle, we still have a long way to go to achieve full equality, as David Cicilline points out:

“Every day, millions of LGBT Americans face the danger of real discrimination and sometimes even violence because of their sexual orientation or gender identity. In most states, a same-sex couple can get married on Saturday, post pictures on Facebook on Sunday, and then risk being fired from their job or kicked out of their apartment on Monday.”

The march goes on …

Washington Blade

Can I Get An Amen! Workplace Discrimination Gets a Beat-Down

In a rather interesting, and gay-friendly, surprise, the Equal Employment Opportunity Commission [EEOC] has ruled that existing civil rights law — from the 1964 Civil Rights Act — bars sexual orientation-based employment discrimination.

Yes, it’s been illegal since 1964 to fire someone based on their sexual-orientation … so cue rightwingnut heads exploding.

The ruling — approved by a 3-2 vote of the five-person commission — applies to federal employees’ claims directly, but it also applies to the entire EEOC, which includes its offices across the nation that take and investigate claims of discrimination in private employment.

It’s yet another step forward on the path toward equality, y’all, and appears that the EEOC ruling could … could … mean a win in the battle for Congress to pass the Employment Non-Discrimination Act [ENDA].

The march goes on ….

Kansas Goosesteps Backwards

Just this week, Kansas Governor, and apparent goose-stepping Neanderthal, Sam Brownback revoked an executive that have been in place for eight years which gave LGBT state employees protection from being discriminated against because of their LGBT-ness.

That’s right, after eight years of equality for state employees, Governor Asshat, er, Brownback, took it all away, and in doing so, is basically saying, “Let the discrimination games begin.” But, to be clear, the homophobic, anti-LGBT governor, did issue a new order that, according to him, “reaffirms the commitment of the State of Kansas to employment practices which do not discriminate based on race, color, gender, religion, national origin, ancestry or age.”

But not sexual orientation or gender identity, never sexual orientation or gender identity.

Brownback’s press secretary, Eileen Hawley, said that when former Kansas governor, and Democrat, of course, Kathleen Sebelius signed the original order in 2007, she “unilaterally” established two additional classes of protected citizens — state employees and all others — and that Brownback’s New Kansas Order means state employees will only have the same protections that all other Kansas residents have.

See, to the average worker in Kansas who falls into the LGBT category, you can be fired simply for being LGBT, so Brownback decided to just make it plain that anyone who is gay, lesbian, bisexual or transgender, in any job, anywhere in Kansas, state-employed and otherwise, can be fired for being gay.

Well, Governor, if you felt there was an inequality there, that sate workers were a more ‘protected’ group, then why not advocate for LGBT protections statewide in all fields of employment? Oh yeah, ‘cuz those folks are gay, and cuz you’re a Republican, and, well, that means bigot.

Marty Rouse, national field director for the Human Rights Campaign [HRC} is naturally disgusted by Brownback’s order:

“This is a dramatic reversal for Kansas. For eight years, LGBT state employees have been guaranteed nondiscrimination protections and in one foul, reckless and shameful decision, Governor Brownback has taken the state backward. His deplorable behavior is a direct assault on fairness and equality in the state.”

On the upside, kind of, within a couple of hours of Brownback turning back the clock on workplace discrimination of the LGBT community, Kansas Representative John Carmichael, a Democrat, of course, asked to introduce a bill in the House Judiciary Committee that would put employment protection for LGBT state workers into statute.

He was countered by Kansas Representative, and, naturally, a Republican, Jan Pauls, who opposes extending that protection because she doesn’t think rescinding the employment protection order puts LGBT state workers at risk. She says she’d be surprised that any LGBT person gets fired with the protections now gone.

Well, Jan, you delusional tool then remove employment discrimination laws protections for everyone because it isn’t a matter of if an LGBT state worker gets fired for that reason, it’s the fact that they can be fired, without cause, just for being LGBT.

And, lest anyone not get this queer: Republicans hate The Gays. If you read these stories of anti-LGBT rulings, whether on marriage equality, adoption rights, employment protections, the side that is always against the LGBT community is Republican.

Get that queer, y’all. And remember that just because we are winning the fight for marriage equality doesn’t mean we are winning; in places like Kansas we are once again being pushed to the back of the bus, and perhaps getting fired for it, too.

via Lawrence Journal-World

In Italy, A Teacher Is Fired For Refusing To Deny She Is Gay

Yesterday I posted about Jim Gaylord, the Tacoma, Washington school teacher who was fired from his job because he was gay. Now, to be fair, that was in 1972, and times have changed, you know … or have they?

A teacher, who only gave her name as ‘Silvia,’ was fired from her teaching position at Sacro Cuore, a Catholic school in Italy, for being gay … or for not being gay ... or maybe because she just refused to answer.

The school, saying it needed to “protect the school environment” fired ‘Silvia’ simply for refusing to confirm or deny the rumor that she is a lesbian.

“What happened to me is medieval. Maybe I’m a lesbian, maybe I’m not. But asking me about my sexual orientation as a condition for renewing my contract is unacceptable.”

But, she was given an option, saying that Sister Eugenia Libratore, the headmistress and Mother Superior, told her that the school would turn a blind eye to the rumors if Silvia was willing to “solve the problem” of maybe being gay.

Libratore confirmed to local media that she chose not to renew ‘Silvia’s’ contract, even though she’d worked at the school for five years, after hearing gossip that she was a lesbian, even though Italy has laws in place prohibiting anti-LGBT discrimination in the workplace.

Stefania Giannini, Italy’s education minister, is said to be investigating the matter and will “act with due severity” if the allegations were found to be true.

You think times change, you think people change, but just yesterday we learned of a teacher being fired ion 1972 for admitting to being gay, and here in 2014 we learn of another educator who was fired because she wouldn’t admit to being gay.

One step forward is still a few steps behind.

via Pink News

ISBL Asshat of the Week: North Carolina Governor Pat McCrory

Up there in neighbor to the north, North Carolina that is, Republican Governor Pat McCrory has opted to pass over protections for LGBT workers when he signed a new executive order that bars employment discrimination for state workers on the basis of “race, religion, color, national origin, sex, age, disability and genetic information.”

Let me make this queer: he wants to make sure that no one is discriminated against in the state’s hiring policies unless those people are LGBT and then let the discrimination roll!!

And while North Carolina LGBT advocates have condemned the policy, and are demanding an explanation, a McCrory spokes-tool, Ryan Tronovitch, claims McCrory’s new executive order mirrors federal employment language which already includes protections for LGBT workers.

Except that isn’t true.

Still, McCrory declared, as he signed the order, “This order ensures fairness and encourages people to work for state government. Insisting on nondiscrimination will strengthen our state and demonstrate that we value diversity of thought and each of our citizens’ unique backgrounds.”

Nondiscrimination, though, does not apply to sexual orientation or gender identity. So, really, it’s not nondiscrimination, it’s discrimination.

North Carolina — one of 29 states were LGBT employees can be fired based solely on their sexual orientation and gender identity — currently has no employment protections for LGBT workers. And efforts to pass employment protections for state workers and teachers have consistently stalled in the Republican –controlled state legislature because, well, gay.

Workers tied directly to the federal government are already protected under pre-existing presidential executive orders and rulings from the Equal Employment Opportunity Commission and last week President Obama said he would issue an executive order more clearly prohibiting discrimination in federal employment on the basis of gender identity.

It might be a tough sell in North Carolina because the Governor, and his flunkies, don’t seem to know what the law entails, or what it even means. See, when asked to comment on the lack of employment protection for North Carolina LGBT employees, McCrory Deputy Communications Director Ryan Tronovitch stated that McCrory’s executive order was similar to both federal language and past executive orders from previous North Carolina governors:

“This Executive Order mirrors federal language as well as orders issued under Governors Hunt, Martin, Easley and Perdue over the course of more than 30 years. Insisting on fairness and nondiscrimination for employees and applicants to North Carolina’s state government is a tradition that Governor McCrory is proud to continue.”

But, federal equal employment policies do, in fact, cover sexual orientation, instituted by executive order of President Barack Obama, as well as gender identity, as interpreted by the Equal Employment Opportunity Commission. And when this fact — and you know how republicans handle facts … they act like they don’t exist — was pointed out to Tronovitch, he replied, “Actually…you are wrong” and then directed the writer from qnotes — the source for this post — to an outdated 2009 version of federal employment policies.

And when it was pointed out, again, that he was wrong, Tronovitch finally acknowledged his earlier, incorrect statement, but then fell back on that old, still untrue, standby argument that McCrory’s new executive “mirrors” federal regulations.

Like I said, they don’t need no stinking facts.

Asshats never do.

The Devil Went Down To The Georgia Legislature

Tanya Ditty is the head of the Georgia chapter of Concerned Women for America so you know just by the name that it's some kind of backwoods, anti-gay hate group. I mean, don't those groups always hide behind Mom-and-Apple-Pie sounding names?
This week Tanya Ditty spoke before a subcommittee of the Georgia House Judiciary Committee on House Bill 630, AKA the State Fair Employment Practices Act, on why legislators should vote down employment protection for the state's LGBT employees.
And she went all kinds of bigoted, mixed in with ignorant, stirred up with convoluted non-facts and then topped off with a boatload of pot-stirring, fear-mongering hate. 
In her little chat, where she talked about being "concerned" she compared gays and lesbians to pedophiles, necrophiliacs and zoophiliacs. Yes, she says being gay means you want to fuck children, corpses, and sheep, or goats, or horses or.....you get the idea. 
Ditty cited a “14 to 15 page research paper which is heavily documented” [read it HERE] that lists a half dozen sexual fetishes which she dubs “sexual orientations.”--people are born to fuck dead bodies, I guess. She then used that old standby, fear, to claim that if Georgia state employment protections were enacted for LGBT persons, all kinds of sexual deviants would rule the streets, raping Georgia schoolchildren in the classroom and sheep in the pastures, and corpses in the morgues.
Cuz that's what gay folks do.
People are calling for Ditty to apologize, but I wouldn't even expect a non-apology-apology from the likes of her. Her bigotry is too deeply ingrained. Her hatred feeds on her soul every day. Her irrational fear of the LGBT community has stifled any common sense she once may have possessed.
You know, there are days when I think South Carolina is the most bass-ackwards state in the country, and then I see what's coming out of Tennessee these days and i realize we aren't even on the bottom of the intolerant heap. You toss in states like Georgia and their moronic legislators and birther courts and Concerned Women like Tanya Ditty, and South Carolina looks practically liberal.

via GA Voice