Illinois Lawsuit Against Exxon-Mobil for Anti-Gay Bias to Move Forward

Year after year the Board of Directors of Exxon-Mobil refuses to enact workplace non-discrimination policies protecting LGBT employees (ironically, Mobil had such protections until it was acquired by Exxon).  Now, because of its failure to protect LGBT employees from discriminatory workplace practices, Exxon-Moil has found itself facing a lawsuit under the State of Illinois' non-discrimination laws.  While claiming that the lawsuit is "baseless" - yeah, just like I'm Queen Victoria - has refused to admit liability.  Now, the Illinois Human Rights Commission has ruled that the lawsuit can move forward. Here are highlights from The Washington Blade:

A complaint alleging anti-gay bias in hiring practices at oil-and-gas giant ExxonMobil can move forward now that the Illinois Human Rights Commission overturned a lower body’s decision to dismiss the case.

In a decision dated July 14 and obtained Tuesday by the Washington Blade, the Illinois Human Rights Commission — a 13-member body that determines whether unlawful discrimination has occurred under Illinois state civil rights law — remanded the case back to the Illinois Department of Human Rights, which had thrown out the case in January on the basis of lack of jurisdiction.

“The Respondent’s dismissal of Freedom to Work’s charge is VACATED and Freedom to Work’s charge is REINSTATED and REMANDED to the Respondent for FURTHER INVESTIGATION and other proceedings to consistent with this Order and the Act,” states the order, which was signed by Illinois Human Rights Commission Executive Director N. Keith Chambers.

The relief sought by Freedom to Work includes a change in ExxonMobil’s equal employment opportunity policy to enumerate protections based on sexual orientation and gender identity as well as attorney’s fees.

Although the Illinois Department of Human Rights dismissed the case on the basis of no employer-employee relationship between Freedom to Work and ExxonMobil, the order indicates that both Freedom to Work and the department later petitioned the Illinois Human Rights Commission to remand the case so a thorough investigation could proceed.

Peter Romer-Friedman, counsel at Freedom to Work and attorney at Cohen Milstein Sellers & Toll PLLC, say now that the case has been remanded, ExxonMobil will have to explain why it elected to hire the less-qualified straight candidate.

“We are relieved but not surprised by the state agency’s decision that Freedom to Work and other civil rights groups have the right to challenge unlawful discrimination, including Exxon’s sexual orientation discrimination,” Romer-Friedman said. “This decision means that Exxon will have to answer tough questions about why it treated a well-qualified LGBT applicant far worse than a straight applicant who had lesser qualifications. The decision also paves the way for other non-profit groups to enforce civil rights laws.”

Tico Almeida, president of Freedom to Work, predicted ExxonMobil will be “dragged kicking and screaming” this year into adopting workplace protections for its LGBT employees — either because of his organization’s complaint or Obama’s executive order.

“This oil giant has a lot to lose here, and it should be clear that the clock is ticking and it’s now time to update Exxon’s policies to give LGBT Americans a fair shot on the job,” Almeida said.

In the interest of full disclosure, I inherited a chunk of Exxon-Mobil stock from my late parents who had owned Mobil stock for 40 years before the Exxon takeover and reversal of Mobil's enlightened polices.  Since they had a minimal basis, they never sold the stock to avoid getting hit with a large tax bill.  With my stepped up basis, I was able to unload the stock  without tax impact rather than be involved with an anti-gay company.