Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘federal workers’

What If My Security Clearance Is Altered Revoked?

Friday, March 15th, 2019

Many federal jobs (civilian and military) require a specific level of security clearance. If your security clearance is revoked, or if the minimum clearance level changes, you stand to lose your current position and possibly your government career.

You do have remedies to appeal a change in security clearance status. You also have rights if you suspect your clearance was revoked or changed due to retaliation or discrimination. It is important to seek legal guidance immediately if your security clearance is in jeopardy.

What are the main reasons for revocation of security clearance?

Security clearance can be rescinded if your actions, associations or circumstances call into question your integrity or allegiance to the United States. The Adjudication Guidelines list 13 grounds for revocation, ranging from foreign influence to security violations.

Your security clearance can also be revoked for off-duty personal conduct that could compromise your judgment or loyalty. For example, a drug addiction or financial hardships could convince you to sell out your country. A sex scandal could make you vulnerable to blackmailers. And so on.

Why would my security level change?

The most common scenario is a job change or promotion associated with sensitive or classified information. But your security clearance can change even if you do not switch jobs. Your position could be reclassified at a higher clearance; for example, outside contracts or internal developments that justify higher scrutiny. In that event, you should be a given a grace period to apply for the higher clearance level.

If your clearance is revoked abruptly for vague reasons or if you are singled out for a change in security level, there may ulterior motives. It could be cover for discrimination, such as actions based on race, religion, national origin, disability or pregnancy. It could be retaliation by management for something you did, such as whistleblowing on fraud, making a sexual harassment complaint or filing a work injury claim.

Are you really a national security threat?

Your agency may provide a Notice of Intent to Revoke. This gives you an opportunity to dispute the revocation through administrative channels. If your revocation, suspension or change in security level is upheld, you may be able to appeal a security clearance decision to the Merit Systems Protection Board.

However, the MSPB does not have the authority to second-guess national security threats. The board can’t address the supposed reason for revocation; it can only gauge whether you were denied due process.

  • Was the security clearance decision arbitrary? Did it apply to others at your grade or in your department, or only to you?
  • Did the agency follow protocols in rescinding or changing your clearance? Can they state a specific reason?
  • Is there evidence of discrimination or reprisal?

The MSPB can reinstate your security clearance if it determines you were mistreated or that the clearance is a ruse. There is a short window to appeal an adverse action such as revocation of security clearance. Seek a lawyer who is familiar with federal employment law and the Merit System Protection Board.

This blog was originally published by Passman & Kaplan, P.C., Attorneys at Law on March 21, 2019. Reprinted with permission.

About the Author: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.

With Shutdown Over, OPM provides Guidance on Back Pay for Federal Employees

Thursday, February 14th, 2019

In late January, federal employees across the country returned to work for the first time in over a month.  In an effort to provide retroactive pay as quickly as possible, The U.S. Office of Personnel Management (OPM) has issued guidance to federal agencies impacted by the shutdown to explain how their employees should receive back pay and other benefits.

Back Pay

Employees who were furloughed will receive back pay at their standard rate of pay for the time that they would have been in a regular pay status if the shutdown had never occurred. This includes overtime pay, night pay or other premium pay (e.g. LEAP, holiday pay, etc.) that the employee would have received.

However, if an employee was scheduled to be in a non-pay status during the shutdown, including Leave Without Pay (LWOP) or serving a suspension, then the employee is not eligible for backpay during that period, including holidays.

For excepted employees who were required to work without pay during the shutdown, they will receive their regular pay for the hours they actually worked, including any overtime or other premium pay. Conversely, if the employee did not show up for work and did not request leave, they will be marked absent without leave (AWOL) and will not receive back pay.

For any employees who received unemployment payments during the shutdown, the state involved will receive notice of the back-pay amount and then make a determination as to what repayment is required.

Leave

Furloughed employees cannot be charged paid leave or other paid time off during the shutdown, even if they had prescheduled paid leave. On the other hand, excepted employees may be charged leave – and compensated for it through back pay – for periods during the furlough where they used paid leave in lieu of reporting to work.

Many employees were planning to take “use or lose” annual leave but were furloughed before they could do so. According to OPM, agencies must restore any annual leave that was scheduled in writing prior to November 24, 2018. Note that restoration of leave will not apply to scheduled leave for December 24, which was declared a federal holiday in 2018, unless the employee can show they would have rescheduled the leave for another day. Restoration also does not apply to leave that had previously been restored. In those instances, the leave is lost for good.

Similarly, employees who were unable to use compensatory time off in lieu of overtime pay due to the shutdown will be paid for such time. Compensatory time off for travel that was forfeited can be restored and extended for another 26 pay periods.

In regard to accruing leave during the shutdown, all employees receiving back pay are considered in a pay status for that period and will also accrue leave at normal rates.

FMLA

The Family Medical Leave Act (FMLA) provides unpaid leave for up to 12 weeks but employees are permitted to substitute paid leave during this time to continue receiving pay.  For employees that were on FMLA during the shutdown, back pay will be dependent on whether the employee was scheduled to substitute paid leave. If the employee had planned to use paid leave during their FMLA leave period, these employees will not only receive back pay but they will also not be charged any leave. However, employees scheduled to be in a non-pay status (i.e. FMLA LWOP), will not receive back pay. For all employees using FMLA leave, the shutdown period will still count toward their 12 weeks of protected leave.

Benefits & Retirement

Employees are also entitled to retroactive benefits. Deductions will be taken out of the back-pay checks to cover employee contributions to health and retirement plans. Loan payments to Thrift Savings Plans (TSP) will also be made.

For those employees who requested to retire during the shutdown, the retirement will be made effective retroactively to the date requested and no back pay will be received after that date.

It isn’t yet clear when agencies will begin making these retroactive payments. If you believe the agency has incorrectly calculated your back pay or you have been improperly denied any benefits as a result of the shutdown, you should contact an experienced federal employment attorney to determine what options you have to protect your rights.

About the Author: Alan Lescht has been successfully litigating employment discrimination, civil rights, and commercial litigation cases for more than 30 years and has won dozens of notable trials. He is the founding partner of Alan Lescht and Associates, PC, where he oversees the firm’s employment litigation and counseling practices.

The longest shutdown in U.S. history will have lingering consequences for federal workers

Monday, January 28th, 2019

Though President Donald Trump and Congress finally brokered a deal to end the longest federal government shutdown in U.S. history, members of the federal workforce are still left dealing with the financial pain it caused.

The partial shutdown stretched on for 35 days, depriving government employees of two paychecks. Although President Donald Trump said on Friday that federal workers will receive back pay “as soon as possible,” about 800,000 workers — many of whom have had to take out loans and find part-time work — will have to wait late into next week to receive their pay. Contract workers aren’t eligible for back pay at all.

Randy Erwin, the president of the National Federation of Federal Employees, said in a statement that the record-breaking shutdown “caused irreparable harm to working families across the country,” calling it a “shameful chapter in American history.”

“Federal workers and others have resorted to selling their possessions, and many have defaulted on loans and mortgages in order to afford heat, medicine, and food,” Erwin said.

The 35-day partial government shutdown exposed the reality that many Americans are living in financially precarious situations.

Seventy-eight percent of full-time workers say they live paycheck-to-paycheck, according to a 2017 CareerBuilder report. And 40 percent of adults say they would struggle to take on an unexpected $400 expense, reporting they would be forced to sell their belongings, borrow money, or forgo paying the bill at all, a 2017 Federal Reserve report found.

The people who make up the federal workforce often face specific financial constraints.

Federal worker salaries on average fall behind the salaries of their private sector counterparts by 31.86 percent, according to a 2018 Federal Salary Council report. In an executive order issued in December, Trump said pay rates for federal civilian employees would remain stagnant in 2019, claiming that approving a pay raise for federal workers would be “inappropriate” given the financial challenges facing the government.

The federal contractors who won’t receive back pay to compensate them for their missed hours of work are particularly vulnerable. Some estimates find that 40 percent of the entire government workforce is made up of contract workers, totaling 3.7 million people.

“I think [contractors] get lost by the wayside in the concentration on the 800,000 people who are direct employees of the federal government,” said Ken, a contractor for the Federal Aviation Administration who is based in New Jersey, during a Wednesday protest against the shutdown at the Hart Senate Building. 

Sen. Tina Smith (D-MN) — along with Sens. Mark Warner (D-VA), Chris Van Hollen (D-MD), Sherrod Brown (D-OH), Ben Cardin (D-MD) and Tim Kaine (D-VA) — introduced legislation earlier this month that would require federal agencies to work with contractors’ companies to secure back pay for those workers.

While the government was partially shuttered, unpaid workers still needed to figure out what to do about their bills. This month, unpaid federal workers owed about $438 million in mortgage and rent payments — which breaks down to $189 million in rent payments and $249 in mortgage payments — according to a report from the real-estate firm Zillow.

Federal workers told ThinkProgress that the shutdown forced them to take out loans, file for unemployment, take on part-time work, and even consider leaving town. Some of the choices they made over the past month may have lasting financial repercussions.

Patricia Floyd-Hicks, a furloughed worker for the Equal Employment Opportunity Commission (EEOC) who attended Wednesday’s protest at the Hart Senate Building, told ThinkProgress that she had to dip into her savings as she prepares to retire.

Federal workers also worry that the shutdown could damage their credit scores, since workers only need to miss one credit card payment to have points taken off their credit score. Credit-scoring experts told CBSNews that it isn’t easy for a company like FICO to adjust its model in response to an event like the shutdown.

Although the government has reopened for at least the next three weeks, it’s unclear what will happen once lawmakers reach the February 15 deadline for the short-term spending bills that passed Friday. The uncertainty and financial instability is too much for some employees.

Several federal workers told ThinkProgress they are seriously considering whether they should leave the federal government altogether. According to research from the employment-related search engine Indeed, they fit into a bigger trend, as furloughed workers have been searching for jobs at an increased rate during the shutdown.

Indeed’s director of economic research, Martha Gimbel, compared job searches on the Indeed platform among employees in agencies across the government. She found that TSA workers’ job searches were up about 30 percent compared to the same time last year, while IRS workers’ job searches rose about 50 percent. Department of Health and Human Services workers’ searches were up 80 percent over this period last January.

The government watchdog group National Taxpayer Advocate estimates it will take about a year for the IRS’ operations to return to normal, according to the Washington Post — and one of the reasons for the delay, the group says, is that many of the agency’s workers have already decided to leave for the private sector.

Financial struggles can affect people’s mental health in serious ways, as research has shown. University of Southampton researchers published a 2013 report finding a significant relationship between debt and mental disorder, including depression. Findings from a 2016 study on U.S. households “suggest that short-term debt may have an adverse influence on psychological wellbeing.”

Many federal workers have now experienced this strain firsthand. When President Donald Trump threatened to keep the government partially shut down for months or even years, Jordan — who works for the U.S. Department for Housing and Urban Development, and who asked to withhold their full name and gender out of fear of retaliation for speaking to the press — said the “real shock” of hearing this remark “led me to some crazy thoughts.”

“There is a bit of fear that raged through my body,” Jordan said.

This article was originally published at ThinkProgress on January 26, 2019. Reprinted with permission. 

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

Shutdown forces federal workers to consider career changes just to make ends meet

Wednesday, January 16th, 2019

Federal workers and contractors are growing increasingly weary with the partial government shutdown as they begin to feel the financial squeeze, leading many to reconsider government work.

Last Friday, many federal workers missed their first paychecks since the shutdown began on December 22 over demands from President Donald Trump that Congress fund a $5 billion wall along the U.S.-Mexico border. On Saturday, the shutdown became the longest in U.S. history, currently stretching into its fourth week, at 26 days.

ThinkProgress spoke with federal workers and contractors who are making tough choices about whether or not to look for other jobs, or stay in the federal government even if they are able to get back to work soon. The employees quoted in this story asked not to be identified by their actual names out of fear of retaliation.

“It has just been a nightmare”

Drew, a federal worker within the Department of Agriculture, said the shutdown is particularly difficult for them as they’re in their 20s and in the beginning of their career. When asked what they’re doing to stay afloat financially, Drew said they’re not going anywhere or doing anything that requires spending money. They have cancelled any unnecessary regular spending.

“I covered bills for this month but it’s a question of next month of whether I will be able to make it because I do unfortunately live paycheck-to-paycheck and my savings are rather limited,” Drew said. “It’s been terrible for my economic situation. It’s been terrible for my personal life. It has just been a nightmare.” 

A 2017 CareerBuilder report that polled 2,000 managers and more than 3,000 full-time employees found that 78 percent of full-time workers said they lived paycheck to paycheck. Drew added that it’s particularly tough that they can’t help cover expenses for their group house, which affects everyone else they live with.

Anne, a contractor who works with the Bureau of Lands Management, has started filing for unemployment. Contractors did not receive backpay during the 2013 shutdown and it isn’t expected that they will receive backpay after this one, unlike federal workers. Even the process of filing for unemployment reminded her that she isn’t considered as affected by the shutdown as federal workers. One of the questions she had to answer was whether she was a federal employee affected by the shutdown, but since she’s a contractor she was told to answer that she had been laid off due to lack of work.

“We have to be careful and not spend money, or make trips, or eat out, or go to movies as much, but I have some coworkers who are a lot more worried. They have kids, and in some cases supporting their entire family,” she said. “We have some savings, enough to cover me for probably a month, but if not, I’ll join up with some of my other coworkers and start looking for another job, which sucks but I am not there yet.”

Drew and Lee, a federal worker at the Department of Housing and Urban Development, said that they believe the shutdown may result in a wave of federal workers leaving their government jobs.

“I think most workers on the federal level think if we stick around long enough [President Trump] will be out of office and this whole thing will blow over and I am seriously reconsidering that approach,” Drew said. “I think everyone I know has been trying to stay there to be a force of good or consistency in whatever agency they’re working for and a month-long period to reconsider what you’re doing with your life and your place in the federal government is more than enough to make some people feel like they want to seriously change their mind.”

Drew said they think a lot of people who have worked for the government for a decade or longer will either leave through early retirement or by changing jobs. They added that a lot of people have already started looking for new jobs, which means the government could lose considerable talent and consistency in agencies.

Lee said the administration has been “hostile” to government workers since it began.

“There’s already a Baby Boomer brain drain and retirements in federal government due to Clinton and Bush administration hiring freezes,” Lee said. “This will just expedite that.”

Workers blame Trump and Republicans

Most of the federal workers and contractors who spoke with ThinkProgress said they put at least some of the blame on Trump, as well as Republican members of Congress. A majority of Americans share their views. According to a CNN poll conducted by SSRS, a market and survey research firm, 55 percent of people surveyed said Trump is more to blame for the shutdown than Congressional Democrats. President Trump’s approval rating has also dipped five points since last month.

“I’d put the blame 90 percent on Trump because his leadership is not good,” Anne said. “He’s not playing the game well. He’s drawing a line in the sand and he is not willing to cross it. He’s not even negotiating at this point. That’s what politics is about it’s about negotiation and he’s not doing that. He’s failing.”

Lee, a federal worker at the Department of Housing and Urban Development, is worried that the media coverage has been centered only on House Democrats and the president.

“There’s an entire other legislative body. People should be pressuring [Senate Majority Leader Mitch McConnell (R-KY)] to at least let the Senate vote up or down,” he said.

Drew said the blame should be shared by President Trump and Republicans in Congress. 

“This could have been avoided by the Congress that was leaving and they could have negotiated something earlier on when they had a full Republican house and Senate. Something could have gone through,” they said. “I assign blame for wall funding and wall funding was a tactic used by Trump to explain a very complicated issue. It has blown itself up into this one issue he has overwhelming support on and he is trying to stay behind it and it’s just not working.”

Most of the workers and contractors who spoke to ThinkProgress said they felt their communities were aware of how the shutdown affected workers, but when Anne visited family in New York for the holidays, she said they didn’t seem aware that she wouldn’t get paid.

“They were like, ‘oh yeah you’re going to get paid right?’ So I had to explain that a lot. Like, ‘no I’m not getting backpay,’” she said.

Her grandfather, who is conservative, appeared to feel differently about the shutdown once he knew how it would affect her, she said.

“He was like, ‘Oh who cares, shut it down.’ But when I explained to him how I was affected, he got kind of quiet and didn’t say anything. By the time we had to say goodbye, he said, ‘I hope you get back to work soon.’ So I think the awareness is not great, but it’s definitely growing.”

Lee said a conservative family member “changed his mind about the Republican Party” after the 2013 shutdown.

Workers say they are also exasperated that they are unable to continue projects that would benefit Americans, particularly marginalized groups. Anne noted that the Bureau of Land Management has recreational land that they are unable to keep safe and clean. Migration corridors, which maintain wildlife populations, for instance, are going to be delayed. Drew said that the USDA is unable to follow up with organizations on grant work, while Lee expressed concern about how people served by HUD will be affected by the shutdown.

“I have fielded a call from resident in HUD’s housing choice voucher program that needed a reasonable accommodation due to her disability,” Lee said. “Her housing authority wasn’t accepting her medical documentation and I needed colleagues in the field to help her file her fair housing complaint and potentially reach out to the housing authority to resolve the issue informally.”

He added, “She’s probably homeless right now.”

This article was originally published at ThinkProgress on January 16, 2019. Reprinted with permission. 

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

Transgender guidance disappears from Office of Personnel Management website

Friday, November 23rd, 2018

Under President Obama, the Office of Personnel Management (OPM), which oversees all federal employees, issued detailed guidance protecting transgender people in the workforce. As of Friday, that guidance has disappeared and been replaced by generic language with no content specific to transgender people.

The previous “Gender Identity Guidance” page, which was still live as of earlier this week, laid out definitions for terms related to transgender identities, and outlined specific expectations for respecting transgender employees. These included ensuring that trans workers could dress according to their gender identity, that they were called by their preferred names and pronouns, and that they were allowed to use restrooms and locker rooms consistent with their gender identity.

“Transitioning employees should not be required to have undergone or to provide proof of any particular medical procedure (including gender reassignment surgery) in order to have access to facilities designated for use by a particular gender,” the guidance stated. “Under no circumstances may an agency require an employee to use facilities that are unsanitary, potentially unsafe for the employee, located at an unreasonable distance from the employee’s work station, or that are inconsistent with the employee’s gender identity.”

On the new site, that language and any reference to transgender people is now gone, although the page does still state that discrimination on the basis of gender identity is prohibited — consistent with an executive order President Obama issued that is still in effect.

Gone, however, are the detailed definitions for the terms “gender identity,” “transgender,” “gender non-conforming,” and “transition.” Specific references to confidentiality related to transitioning have been replaced with generic language about medical privacy. The page’s dress code language no longer provides reassurances that employees will be allowed to dress consistent with their gender identity.

Before:

After:

Two vital sections have been erased without a trace: both the section on respecting employees’ names and pronouns and the section addressing access to “sanitary and related facilities.” There is no longer any guidance whatsoever to ensure that trans people are respected according to their gender identity in the federal government. Should a manager have questions about how to respond when an employee comes out as transgender, they will find no answers on OPM’s page.

The changes to the page came without any announcement or notice.

From the beginning of the Trump administration, federal agencies have increasingly erased content related to LGBTQ people or gender more broadly. The day after President Trump’s inauguration, the White House website discarded its page dedicated to LGBTQ rights and the Labor Department also removed a report on LGBTQ workers’ rights.

A few months later, questions that would help identify LGBTQ people in data collection were erased from two important national surveys. This past July, the Department of Health and Human Services removed language on sex discrimination from its website, and in October, it scrapped “gender” from its civil rights page. Recent reports have even suggested that the administration is trying to remove references to “gender” in United Nations documents.

While these unannounced website changes have been somewhat inconspicuous, the administration’s opposition to trans rights has been anything but subtle. A memo leaked in October laid out the administration’s plans to completely erase trans people from any recognition under any agency of the federal government. People would be defined solely by the sex they were assigned at birth, subject to genetic testing.

This article was originally published at ThinkProgress on November 23, 2018. Reprinted with permission.

About the Author: Zack Ford is the LGBTQ Editor at ThinkProgress.org, where he has covered issues related to marriage equality, transgender rights, education, and “religious freedom,” in additional to daily political news. In 2014, The Advocate named Zack one of its “40 under 40” in LGBT media, describing him as “one of the most influential journalists online.”

Federal Judge Rules Trump’s Anti-Worker Executive Orders Unconstitutional

Tuesday, August 28th, 2018

When Donald Trump issued a series of executive orders attacking the rights of federal government workers, he wasn’t prepared for the response from working people. Our response, led by AFGE, included filing lawsuits to stop the orders and rallying across the country in support of federal workers. Now a federal judge has agreed with working people that these executive orders are illegal.

Judge Ketanji Brown Jackson ruled that key provisions of the three executive orders are either unconstitutional under the First Amendment, violate congressional intent or exceed the president’s authority.

AFGE National President J. David Cox Sr. lauded the ruling:

President Trump’s illegal action was a direct assault on the legal rights and protections that Congress specifically guaranteed to the public-sector employees across this country who keep our federal government running every single day.

We are heartened by the judge’s ruling and by the huge outpouring of support shown to federal workers by lawmakers from both parties, fellow union workers and compassionate citizens across the country. Our members go to work every single day to serve the American people, and they deserve all the rights and protections afforded to them by our Founding Fathers.

Now that the judge has issued her decision, I urge all agencies that have attempted to enforce this illegal executive order to restore all previously negotiated contracts and to bargain in good faith with employee representatives on any future changes as required under the law.

Regardless of what attacks on working people corporate interests and their allies dream up next, the labor movement will continue to stand up against any attempts to weaken our rights.

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars

This blog was originally published at AFL-CIO on August 27, 2018. Reprinted with permission. 

Can federal workers blatantly discriminate against LGBTQ people? Jeff Sessions isn’t sure.

Wednesday, October 18th, 2017

During Wednesday’s Justice Department Oversight Hearing, Sen. Dick Durbin (D-IL) asked Attorney General Jeff Sessions about the Department of Justice’s new “religious freedom” guidance. In particular, Durbin was concerned about how the guidance might enable anti-LGBTQ discrimination, asking Sessions to respond to several hypotheticals.

“Could a social security administration employee refuse to accept or process spousal or survivor benefits paperwork for a surviving same-sex spouse?” Durbin asked.

There was a long pause. “That’s something I never thought would arise, but I would have to give you a written answer to that, if you don’t mind.” Sessions responded.

Durbin countered, “I’d like to have that,” then launched right into another hypothetical. “Could a federal contractor refuse to provide services to LGBTQ people, including in emergencies, without risk of losing federal contracts?”

“Likewise, but I would say to you — are you citing Title VII for this? Or the guidance? I’m not sure that’s covered by it, but I’ll look.”

It is highly unbelievable that Sessions had never considered these examples prior to Wednesday. More than two years ago, when he was still in the Senate, Sessions was one of the original co-sponsors of the First Amendment Defense Act (FADA), a bill that would grant those who have religious objections to same-sex marriage a license to discriminate. Many of the provisions in the new guidance mirror FADA’s language.

 In response to that bill’s introduction, the ACLU and LGBTQ advocacy groups pushed back, saying that it would be used to prop up discrimination. The ACLU, in particular, outlined FADA’s “parade of horribles” in a 2015 blog post, including the following two:
  • [It would] permit government employees to discriminate against married same-sex couples and their families – federal employees could refuse to process tax returns, visa applications, or Social Security checks for all married same-sex couples.
  • [It would] allow federal contractors or grantees, including those that provide important social services like homeless shelters or drug treatment programs, to turn away LGBT people or anyone who has an intimate relationship outside of a marriage.

Those are nearly identical to the hypotheticals Durbin asked Sessions to respond to on Wednesday. Still, years after they’d been highlighted by advocacy groups, Sessions claimed they had somehow never occurred to him before.

After Sessions’ dodged Durbin’s hypotheticals, the senator asked the attorney general to comment about the fact that “people are discriminating in the name of their own personal religious liberty.”

Sessions responded:

Yes, I would say that wherever possible, a person should be allowed to freely exercise their religion and not to carry out activities that further something they think is contrary to their faith. But at the same time, if you participate in commercial exchanges, you have limits on what you can do under those laws — public accommodation type laws. And so the balance needs to be properly struck — and I think we have. Those issues were discussed as we wrestled with this policy.

It’s unclear with whom Sessions discussed those issues. The Department of Justice apparently held “listening sessions”, but has refused to name which groups it consulted. The reason the public even knows these consultations took place at all is because the Alliance Defending Freedom — an anti-LGBTQ hate group that defends business owners who discriminate and challenges nondiscrimination protections in the name of “religious freedom” — bragged that it had participated in them.

Given Sessions said in an interview last week that he believes such discrimination should be allowed in the case of the anti-gay baker whose case is headed to the Supreme Court, it’s not hard to imagine how he might respond to Durbin’s hypotheticals, if pressed.

This article was originally published at ThinkProgress on October 18, 2017. Reprinted with permission. 

About the Author: Zack Ford is the LGBTQ Editor at ThinkProgress.org, where he has covered issues related to marriage equality, transgender rights, education, and “religious freedom,” in additional to daily political news. In 2014, The Advocate named Zack one of its “40 under 40” in LGBT media, describing him as “one of the most influential journalists online.” He has a passion for education, having received a Bachelor’s in Music Education at Ithaca College and a Master’s in Higher Education at Iowa State University, and he relishes opportunities to return to classroom settings to discuss social justice issues with students. He can be reached at zford@thinkprogress.org.

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