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 2018-06-13
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor

  WINDY CITY TIMES

Lambda Legal Pressesfor Federal LGBT Employment Protection in New Appeals Court Case
From a press release
2018-03-07

facebook twitter google +1 reddit email


( St. Louis, March 7, 2018 ) —Today, Lambda Legal and co-counsel Mathis, Marifian & Richter, LTD. filed an appeal with the U.S. Court of Appeals for the Eighth Circuit on behalf of Mark Horton, a healthcare sales specialist whose job offer at St. Louis-based Midwest Geriatric Management ( MGM ) was withdrawn when the employer learned Horton is gay.

This 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. It comes just 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 less than 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 before both those courts.

"We have taken huge strides in ensuring that federal courts across the country recognize that sexual orientation discrimination is a form of sex discrimination prohibited by federal law. Thanks to the landmark decisions by the Second and Seventh Circuits, we have the wind on our backs and progress towards the correct understanding that the Civil Rights Act covers LGBT workers now is as inexorable as it is inevitable," said Greg Nevins, Employment Fairness Project Director for Lambda Legal. "The only metric employers or prospective employers should use is: is the candidate or employee qualified? Mark's case was textbook discrimination by any standard. It was all systems go until MGM realized Mark is gay and withdrew the job offer."

"Midwest Geriatric Management basically ended my career," Horton said. "I left my previous job to accept a great offer at MGM, a position that I had been recruited for. When MGM rescinded the offer, suddenly I was jobless. I am still trying to put the pieces back together. Being able to be open and bring my whole self to my work has been an asset, and I have the track record to prove it."

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.

"This should never have happened," co-counsel Mark S. Schuver said. "Mark was not actively looking to leave Celtic Healthcare; MGM recruited him. And it was only after receiving the written offer and the enthusiastic emails that Mark notified Celtic he was leaving. And he was certainly not hiding his sexual orientation, nor should he have to. This has been devastating for Mark and his family and we hope the Eighth Circuit will follow the examples of the Second and Seventh Circuits and confirm that Title VII protects you no matter whom you love or how you identify."

Schuver and Natalie T. Lorenz of Mathis, Marifian & Richter, LTD, represented Horton in the lawsuit filed last August in the U.S District Court for the Eastern District of Missouri. The lawsuit was dismissed, and Lambda Legal joined the case in its appeal to the Eighth Circuit.

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 a 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. Brumbyand the current lawsuit Karnoski v. Trump challenging 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. Read the complaint here: www.lambdalegal.org/in-court/legal-docs/mo_horton_20180307_complaint .

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

Emma Gonzalez part of June 15 march 2018-07-14 - Emma Gonzalez and other students from Stoneman Douglas High School in Parkland, Florida, are scheduled to take part in St. Sabina Church's annual ...


Gay News

Federal Court Denies Renewed Attempt to Implement Transgender Military Ban 2018-06-15 - ( SEATTLE, June 15, 2018 ) — Today, a federal court in Seattle denied yet another attempt by the Trump Administration to implement ...


Gay News

EI Urges Gov. Rauner to Extend Non-Discrimination Protections to All Illinois Workplaces 2018-06-15 - CHICAGO—Equality Illinois urges Gov. Bruce Rauner to sign legislation that would extend Illinois' workplace non-discrimination protections to businesses of all sizes in the ...


Gay News

Men & Women in Prison Ministries to observe National HIV Testing Day June 27 2018-06-15 - In honor of the 23rd National HIV Testing Day, Men & Women in Prison Ministries ( MWIPM ) will launch the "Stigma Stops ...


Gay News

Human rights campaigner Peter Tatchell arrested during legal protest in Moscow 2018-06-14 - LGBT+ and human rights campaigner Peter Tatchell has been arrested during a one-man protest against Russia's mistreatment of LGBT+ people, as the 2018 ...


Gay News

Angela Davis to Greet Freed Political Prisoners June 17 2018-06-13 - Renowned activist and scholar Angela Davis will greet the scores of people released from Illinois prisons after their wrongful convictions were overturned, at ...


Gay News

Activist Martinez injured in hit-and-run 2018-06-13 - A Chicago activist and publicist was severely injured in a hit-and-run accident in the Logan Square neighborhood. Anthony Martinez was struck by ...


Gay News

Organizer Pfeiffer looks ahead to 2018 Pride Parade 2018-06-13 - For longtime coordinator Richard Pfeiffer, each Chicago Pride Parade amounts to a family reunion for the city's LGBT community. "I see so many ...


Gay News

Cakeshop ruling doesn't crumple our opponents 2018-06-13 - A pall hung over me June 4. The Supreme Court ruled in Masterpiece Cakeshop v. Colorado Civil Rights Commission in favor of ...


Gay News

The Merion Becomes Credentialed LGBT-Friendly Senior Living Community 2018-06-13 - EVANSTON, IL — In downtown Evanston, The Merion senior living community is committed to meeting the needs of all older adults, including the ...


 



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
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.