Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2018-04-18
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor
Sponsor

  WINDY CITY TIMES

Businesses, attorneys general, rights groups tell court discrimination is bad for business
From a press release
2018-03-14

facebook twitter google +1 reddit email


( St. Louis, March 14, 2018 ) — Today 47 businesses, attorneys general from 15 states and the District of Columbia, the nation's leading LGBT rights organizations, and several other organizations submitted friend-of-the-court briefs to the U.S. Court of Appeals for the Eighth Circuit in support of Lambda Legal client Mark Horton, a gay man whose job offer from a St. Louis-based health management organization was withdrawn after the company's owners learned Horton is gay.

"The nation's top corporations recognize that discrimination is bad for business. Our economy cannot thrive unless all people are welcome both as employees and customers," said Omar Gonzalez-Pagan, Lambda Legal Staff Attorney. "Companies across all industries know that when an employee like Mark can bring their whole selves to work without fear of retaliation, they can focus on their jobs and succeed. Mark was recruited because of his recognized skills, which is what matters — and not his sexual orientation."

"Levi Strauss & Co. will always stand up for equality and inclusivity in our workplaces and communities. It is not only good for business — it is simply the right thing to do," said Anna Walker, senior director of policy and advocacy, Levi Strauss & Co. "The strength of this company is based on the diversity of the incredible people who work for us. We must be welcoming for all people, regardless of race, sex, national origin, ethnicity, religion, age, disability, sexual orientation or gender identity, or we erode our ability to foster a vibrant, competitive workforce."

The lawsuit, Horton v. Midwest Geriatric Management, is the fourth federal appeal in Lambda Legal's quest to secure the discrimination protections of Title VII of the Civil Rights Act of 1964 for lesbian, gay, and bisexual workers. The filing on March 7, 2018, came one week after the full Second Circuit Court of Appeals ruled in favor of the estate of Donald Zarda, a skydiving instructor fired for being gay, and almost a year after the landmark decision of the full Seventh Circuit in Lambda Legal's lawsuit,Hively v. Ivy Tech Community College, extending Title VII's protections to a college instructor denied a fulltime job and ultimately fired because she is a lesbian. Lambda Legal argued the cases before both courts.

Levi Strauss & Co., Airbnb, CBS Corporation, Microsoft, and Salesforce topped the list of 47 businesses who joined in a brief underscoring both the harm of discrimination to the bottom line and, conversely, the benefits of an open and affirming work place to employee morale and performance. The business brief, authored by the law firm Quinn Emanuel Urquhart & Sullivan, LLP, was one of eight amicus briefs submitted to the Eighth Circuit. Among the other briefs submitted was a brief joined by 16 states' attorneys general, one from the U.S. Equal Employment Opportunity Commission ( EEOC ) and briefs authored by LGBT rights groups, the Anti-Defamation League, the Missouri chapters of the National Employment Lawyers Association and legal scholars.

"There is a growing consensus among business leaders, government officials, and scholars, that discrimination against LGBT employees is not just wrong, but counter-productive," Lambda Legal Employment Fairness Project Director Greg Nevins added.

In February 2016, Horton, then vice president for sales and marketing for Celtic Healthcare, was approached by an executive search firm hired by Midwest Geriatric Management, a Celtic Healthcare competitor, to fill a similar position at MGM. While Horton was not actively looking to leave Celtic at that time, MGM's representative persuaded him that it would be worth his while, so Horton decided to apply. After an extensive assessment and interview process, in mid-April, 2016, Horton received a written job offer from MGM's owners, Judah and Faigie ( Faye ) Bienstock. Horton accepted the offer on May 4, and received an enthusiastic reply email from Faye Bienstock welcoming Horton to MGM. Based upon both the written offer and the enthusiastic reply, Horton notified Celtic Healthcare that he would be leaving.

In the course of finalizing his start date and tracking the last remaining academic records for MGM's background check, Horton had several communications with Faye Bienstock, none of which indicated any issue. Then, on May 17, in an email updating Bienstock on the status of the academic records search, Horton revealed he was in a same-sex relationship when he wrote: "My partner has been on me about [my MBA] since he completed his PhD a while back." Five days later, Bienstock wrote Horton withdrawing the offer of employment.

Lambda Legal's involvement in this case, as well as Zarda v. Altitude Express in the Second Circuit, Hively v. Ivy Tech in the Seventh Circuit, and Evans v. Georgia Regional Hospital in the Eleventh Circuit, is part of a national effort to establish and enforce employment discrimination protection for all LGBT people and everyone living with HIV. In addition to the sexual orientation cases, these efforts include an historic win for transgender workplace rights in Glenn v. Brumby and the current lawsuit Karnoski v. Trumpchallenging the ban on transgender troops. The current cases are all part of Lambda Legal's Out at Work campaign to bring awareness to LGBT people everywhere of their Title VII rights, and assert that all people have the right to a job with dignity, free from repercussions for who they are or whom they love.

Gregory R. Nevins, Omar Gonzalez-Pagan and Sharon M. McGowan are the attorneys for Lambda Legal in this matter. They are joined by co-counsel Mark S. Schuver and Natalie T. Lorenz, of Belleville, Illinois-based Mathis, Marifian & Richter, LTD.

The case is Horton v. Midwest Geriatric Management. Details about the case and the amicus briefs can be found here:www.lambdalegal.org/in-court/cases/horton-v-midwest-geriatric-management .

More information about Lambda Legal's work on employment protections is available here:www.lambdalegal.org/issues/employment-and-rights-in-the-workplace .


facebook twitter google +1 reddit email





Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

2018 Lambda Legal Bon Foster honors Judge Pat Logue 2018-04-20 - Joy, love and occasional notes of somberness and urgency described the feel of 2018's Lambda Legal Bon Foster, held on the evening of ...


Gay News

Acceptance of LGBT people and rights has increased around the world 2018-04-19 - LOS ANGELES — New research from the Williams Institute at UCLA School of Law finds average levels of acceptance for LGBT people and ...


Gay News

Free Interactive Workshop on Racial Justice, April 28 at University Church 2018-04-19 - A free, interactive workshop that offers a new perspective on working for racial justice will take place Saturday, April 28 from 9:30 am ...


Gay News

HRC series exposes Pence's career of attacks on LGBTQ Americans 2018-04-19 - WASHINGTON — Today, the Human Rights Campaign ( HRC ), the nation's largest lesbian, gay, bisexual, transgender and queer ( LGBTQ ) civil ...


Gay News

PM expresses regret for anti-LGBT laws 2018-04-19 - London UK — 17 April 2018 — The following is a response to today's statement at the Commonwealth summit in London from the ...


Gay News

Schock corruption trial continues 2018-04-18 - Department of Justice prosecutors and attorney for former U.S. Rep. Aaron Schock ( R-Illinois ) met in a Chicago federal appeals court April ...


Gay News

Judge rules lawsuit over anti-trans Trump ban will go to trial 2018-04-18 - A federal judge in Seattle rejected the Trump administration's claim that its "new" plan to ban transgender people from serving openly in the ...


Gay News

Black women anti-rape advocates unite at UIC 2018-04-18 - "After Rosa, Before #MeToo"—a panel of the history of Black women's anti-rape organizing efforts—was a chance for four powerful women to commiserate on ...


Gay News

Officials say Lesbian mom who drove family off cliff was drunk 2018-04-18 - In California, Mendocino County authorities said that a woman who drove herself, her wife and their adopted children off a cliff in the ...


Gay News

WORLD Anti-gay law, Middle East report, serial killer 2018-04-17 - In Trinidad and Tobago, judge Devindra Rampersad said sections of the Sexual Offences Act—which prohibited "buggery" and "serious indecency" between two men—criminalized consensual ...


 



Copyright © 2018 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor


 



Sponsor

About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group produces Windy City Queercast, & publishes Windy City Times,
The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,
Nightspots, Out! Resource Guide, and Identity.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.