Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Zack Ford’

Defense secretary reveals the trans military ban is in limbo

Tuesday, August 15th, 2017

Secretary of Defense James Mattis sent some mixed messages Monday when he stopped by the Pentagon newsroom to discuss President Trump’s intended ban on transgender personnel in the military—which the president announced via Twitter. At best, the proposal remains in limbo and is still being studied; at worst, it’s inevitably still coming.

The key takeaway Mattis revealed is that Trump has yet to actually issue anything other than a few tweets and public comments. “I am waiting right now to get the President’s guidance in and that I expect to be very soon,” he explained.

In the meantime, the military is continuing to study the issue, consistent with what Mattis announced when he agreed to delay the implementation of transgender recruitment by six months. The change to recruitment policy was initially set to take place July 1.”The policy is going to address whether or not transgenders [sic] can serve under what conditions, what medical support they require, how much time would they be perhaps non-deployable leaving others to pick up their share of everything,” Mattis said. “There’s a host of issues and I’m learning more about this than I ever thought I would and it’s obviously very complex to include the privacy issues which we respect.” The reference to “privacy” is not a good sign: it’s a talking point deployed by opponents of transgender equality.

Mattis seemed dismissive of the research that had already been done before his predecessor, Ash Carter, announced last summer that the ban on trans military service would be lifted—including a massive study by the RAND Corporation, one of the most respected military think tanks. “I’m not willing to sign up for the [Rand Corp.] numbers you just used, and I’m not willing to sign up for the concern any of [the transgender service members] have,” the secretary said. “And I’m not willing to prejudge what the study will now bring out.”

Mattis also noted that the decision has been impacted by the lack of political appointees overseeing personnel issues at the Pentagon. He wants to “get them in to be able to answer those questions” before the ban is implemented.

The secretary stood by comments made by General Joseph Dunford, Chairman of the Joint Chiefs, who said that nothing would change until Trump actually issued guidance, and “in the meantime, we will continue to treat all of our personnel with respect.” Mattis also said that his people were advising the White House, “but they write their own policy, of course.”

Besides his tweets, the only other comment Trump has made was at a press gaggle last week when he said that he’s doing the military “a great favor” by just implementing the ban and avoiding a “very complicated” and “very confusing” issue.

Asked about the haphazard way Trump announced the policy, Mattis defended the president. “You all elected—the American people elected—the commander-in-chief,” he said. “They didn’t elect me. So the commander-in-chief in our country, in our system of government, is elected by the people, and he has that authority and responsibility.”

In the meantime, thousands of transgender personnel, who are already serving and have not disrupted the readiness of the military, await news about the fate of their careers.

This article originally appeared at ThinkProgress on August 15, 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.

Court To Catholic School: No, You Can’t Fire People Because They Are Gay

Wednesday, December 23rd, 2015

Zack FordA Massachusetts court has ruled against a private Catholic school that denied employment to a man because he was married to a man. This warranted unlawful discrimination on the basic of sexual orientation, the court found.

Plaintiff Matthew Barrett had applied for a job at Fontbonne Academy, a Catholic prep school for girls in Milton, Massachusetts, as a Food Services Director. After several interviews, he was offered the job. On his new hire form, Barrett listed his husband as his emergency contact. Two days later, Fontbonne informed him that he could not have the job because his marriage was inconsistent with the teachings of the Catholic Church.

Fontbonne defended the decision, claiming its belief about the definition of marriage had nothing to do with sexual orientation. In fact, the school includes “sexual orientation” in its own nondiscrimination statement. But Associate Justice Douglas H. Wilkins found this distinction wholly unconvincing. “It is no answer to say that Fontbonne denied Barrett employment because he was in a same-sex marriage, not because of his sexual orientation,” he wrote. “The law recognizes no such distinction.”

Massachusetts’ nondiscrimination laws do include some exemptions for religious institutions, but Fontbonne did not qualify. The exception applies to organizations that limit membership to persons of the same religion or denomination, but as Wilkins pointed out, Fontbonne has no such limitations. “It does not require its employees to be Catholic. In particular, the Food Services Director does not have to be Catholic.” Moreover, “its student body has included non-Catholics, including Muslims, Jews, Baptists, Buddhists, Hindus, and Episcopalians.”

Fontbonne also claimed that hiring Barrett would have burdened its expression. This also failed to convince Wilkins, because Barrett “was not denied employment for any advocacy of same-sex marriage or gay rights; he only listed his husband as an emergency contact on his ‘new hire’ form. Nothing on that form suggested that Barrett claimed his marriage to have sacramental or other religious significance or that it was anything but a civil marriage relationship. Fontbonne presents no evidence of advocacy by Barrett.” Besides, there would be “little risk” that the school’s “involuntary compliance with civil law will be mistaken for endorsement of same-sex marriage.”

Leaving no stone unturned, Fontbonne similarly claimed that it deserved a “ministerial exception.” But Barrett would have no duties as an administrator or teacher of religious matters as Director of Food Services. Wilkins countered that “to apply the ‘ministerial’ exception here would allow all religious schools to exempt all of their employees from employment discrimination laws simply by calling their employees ministers.” It would defeat the point of having an exemption and case law that defines the limits of that exemption.

GLAD, the LGBT legal organization that represented Barrett, praised the ruling. “Religious-affiliated organizations do not get a free pass to discriminate against gay and lesbian people,” senior attorney Bennett Klein said in a statement. “When Fontbonne fired Matt from a job that has nothing to do with religion, and simply because he is married, they came down on the wrong side of the law.”

Barrett was “ecstatic,” saying simply, “What happened to me was wrong, and I truly hope it doesn’t happen to anyone else.”

Damages have not yet been determined in the case.

About the Author: The author’s name is Zach Ford. Zack Ford is the editor of ThinkProgress LGBT at the Center for American Progress Action Fund, hailing from the small town of Newport, PA. Prior to joining ThinkProgress, Zack blogged for two years at ZackFordBlogs.com with occasional cross-posts at Pam’s House Blend. He also co-hosts a popular LGBT-issues podcast called Queer and Queerer with activist and performance artist Peterson Toscano. A graduate of Ithaca College (B.M. Music Education) and Iowa State University (M.Ed. Higher Education), Zack is an accomplished pianist with a passion for social justice education. Follow him on Twitter at @ZackFord.

This blog was originally posted on ThinkProgress on December 17, 2015. Reprinted with permission.

Extreme Bill Would Override All Local Employment Laws, Including LGBT Protections

Wednesday, May 20th, 2015

Zack FordDuring a meeting of the Michigan House Committee on Commerce and Trade, Republican lawmakers sneakily introduced a substitute bill replacing HB 4052. The new legislation, sponsored by Rep. Earl Poleski (R), overrides all local ordinances governing employers’ relationships with their employees. Because of the way it would impose state control, opponents have dubbed it the “Death Star” bill. Not only does it have implications for any local ordinance that controls minimum wage, benefits, sick leave, union organizing and strikes, wage disputes, apprenticeship programs, and “ban the box” policies (blocking employers from asking about felony convictions), but it would also override the LGBT protections that exist in 38 Michigan municipalities.

“A local governmental body,” the new HB 4052 reads, “shall not adopt, enforce, or administer an ordinance, local policy, or local resolution regulating the relationship between an employer and its employees or potential employees if the regulation contains requirements exceeding those imposed by state or federal law.” Because state law does not include employment protections based on sexual orientation and gender identity, all of the municipalities who do protect LGBT workers would have their ordinances voided, similar to a law that passed earlier this year in Arkansas.

East Lansing Mayor Nathan Triplett (D) posted on Facebook Tuesday expressing great concern about the bill’s consideration, noting it would invalidate not only its LGBT protections, but also its Equal Benefits Ordinance, which requires the city’s contractors to offer partner benefits to employees’ same-sex partners. Describing Tuesday’s committee hearing, Triplett explained, “When State Representative Stephanie Chang pointed out that the bill would

invalidate Michigan’s 38 local nondiscrimination ordinances, the Chairman was forced to ask: ‘Will this bill really do that?’ The answer is: yes, absolutely.” East Lansing was the first community in the country to protect against discrimination based on sexual orientation; its first ordinance became law in 1972.

The “Death Star” may be one of the most sweeping preemptive bills ever considered in any state. Ten states have passed bills prohibiting cities from enacting paid sick day policies, legislation championed by the American Legislative Exchange Council (ALEC). Last month, Oklahoma lawmakers passed a law overriding local bans on fracking. Michigan itself tried to preempt local minimum wage laws over a decade ago, but then-Gov. Jennifer Granholm (D) vetoed the bill, and Wisconsin lawmakers failed to pass a similar bill last year.

Michigan Democrats have been pushing for LGBT nondiscrimination protections at the state level, but have so far been unsuccessful. Republican lawmakers are also considering a Religious Freedom Restoration Act (RFRA), like those recently considered in Indiana and Arkansas, but Gov. Rick Snyder (R) has said he won’t sign such a bill if LGBT protections aren’t passed as well.

This blog was originally posted on May 13, 2015 on Think Progress. Reprinted with permission.

About the Author: The author’s name is Zack Ford. Zack Ford is the editor of ThinkProgress LGBT at the Center for American Progress Action Fund, hailing from the small town of Newport, PA. Prior to joining ThinkProgress, Zack blogged for two years at ZackFordBlogs.com with occasional cross-posts at Pam’s House Blend. He also co-hosts a popular LGBT-issues podcast called Queer and Queerer with activist and performance artist Peterson Toscano. A graduate of Ithaca College (B.M. Music Education) and Iowa State University (M.Ed. Higher Education), Zack is an accomplished pianist with a passion for social justice education. Follow him on Twitter at @ZackFord.

New Study Confirms Overwhelming Support for LGBT Workplace Protections

Thursday, October 27th, 2011

Zack FordResults from the 2010 Out & Equal Workplace Survey show this week that 78 percent of heterosexual adults agree that employees should be evaluated for their job performance, not their sexual orientation. In addition, 62 percent support providing equal benefits for all employees’ partners or spouses. Here are a few more key findings from the Out & Equal Workplace Survey:

Editorial-Cartoon-Gay-Tom-Youre-Fired-300x245

  • 66 percent of heterosexuals were neutral or disagreed that they’d be uncomfortable knowing a coworker was LGBT.
  • 61 percent of heterosexuals were neutral or disagreed that they’d be uncomfortable if their boss was LGBT.
  • Only 18 percent of respondents agreed it would be difficult to be openly LGBT in the workplace.
  • Only 44 percent of heterosexuals agreed that LGBT people are treated fairly and equally in the workplace.

These data match similar results from a Center for American Progress study released in June, which also found that 90 percent of Americans already think LGBT people are protected from workplace discrimination, even though in most states they are not. Given the overwhelming support for workplace protections — not to mention belief that they already exist — as well as the endorsement of both small businesses and large corporations, passing LGBT non-discrimination policies on both the state and national level should be a no-brainer. Not only do businesses benefit, but the protections allow both LGBT employees and their coworkers to flourish.

Nevertheless, Republican leadership continues to oppose LGBT equality in ways that hurt businesses. Michigan conservatives are trying to follow Tennessee’s atrocious example of banningmunicipalities from passing employment protections based on sexual orientation and gender identity. In addition, GOP-led efforts to ban marriage equality in states like Minnesota and North Carolina, as well as at the national level, hurt businesses who strive to hire and retain talented and productive staff. Opposing LGBT equality is anti-business and anti-jobs, in addition to being completely out of touch with voters.

*Disclaimer: The opinions and views of this blog are the opinions of the author’s alone and not of Workplace Fairness.

This blog originally appeared on ThinkProgress on October 26, 2011. Reprinted with permission.

About the Author: Zack Ford is an LGBT researcher/blogger for ThinkProgress.org at the Center for American Progress Action Fund. Prior to joining ThinkProgress, Zack blogged for two years at ZackFordBlogs.com with occasional cross-posts at Pam’s House Blend. He also co-hosts a popular LGBT-issues podcast calledQueer and Queerer with activist and performance artist Peterson Toscano. An accomplished pianist, Zack has a bachelor’s in Music Education from Ithaca College, where he served as student body president. His passion, however, is social justice education and advocacy, having completed a Master’s in Higher Education Student Affairs from Iowa State University and helped to found the Central Pennsylvania LGBT Aging Network. He’s originally (and proudly) from rural central Pennsylvania.

Your Rights Job Survival The Issues Features Resources About This Blog