SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
civil rights act
Can Americans Come Out if Corporations Have Shut the Door? A Call for Courage
We have been seeing a concerning trend of companies, both large and small, scaling back or eliminating their DEI commitments out of fear. Instead, corporate leaders should stand up for their LGBTQIA+ employees.
Oct 11, 2024
Today, our nation celebrates National Coming Out Day. This October 11, you may see a wave of brave stories from your friends or family members, right along with messages of support from corporations touting their inclusive environments. It is a day when many of us in the LGBTQIA+ community choose to share our true selves with our loved ones, our community, our co-workers, and the world. And it serves as a reminder of the progress that has been made and how fortunate we are that so many can now feel comfortable to live openly and out loud.
After centuries of battles, whether that be on the streets outside Stonewall or in the courtrooms across our country, it is comforting to know that the efforts of our elders have helped to create a society where more people feel comfortable enough to live as their authentic selves.
Yet, the progress that we see today can, if we are not paying careful attention, belie the reality that our communities—and the progress we've made—continue to be under attack. Coming out is a deeply personal choice—a choice that becomes more difficult without cultural acceptance, and without the promises of security and protection we have increasingly begun to expect. But these hard-fought protections are, sadly, now being stripped away by the anti-DEI (Diversity, Equity, and Inclusion) movement and its pressure campaign pushing employers to backtrack on their commitment to inclusivity.
Now is the time to prove you respect your LGBTQIA+ employees as people, and that their personhood is not a fad that can be easily discarded when there is pushback.
Across the country we have been seeing a concerning trend of companies, both large and small, scaling back or eliminating their DEI commitments out of fear. One key measure of that is the number of companies withdrawing from participation in the Human Rights Campaign (HRC) Corporate Equality Index, a long-time and widely used measure of companies' commitment to respecting the rights of their LGBTQIA+ employees. To maintain the progress we've made, it is important that we recognize and push back on these attacks.
National Coming Out Day was created in 1988 to commemorate the first anniversary of the 1987 National March on Washington for Lesbian and Gay Rights. Inspired by the visibility of that event, the day was meant to encourage individuals to live openly and make themselves visible at home, at work, and in their local communities—demonstrating the strength of the LGBT movement and promoting acceptance. By 1993, the National Coming Out Day organization had merged with the Human Rights Campaign Fund. HRC's Corporate Equality Index later grew from this sentiment and was developed to push for a world where gay, lesbian, bisexual, transgender, and queer employees could be out at work without facing discrimination in hiring or on the job. This was a crucial tool for LGBTQIA+ employees at the time of its creation, and it still stands as an important resource for the community to this day.
When companies like Ford, Harley-Davidson, and Lowe's —all targeted by ultra-conservatives to sow division and fear—withdraw from participating in the Corporate Equality Index, they undermine a tool that has driven substantial progress for LGBTQIA+ employees over the past two decades.Today, the index is as crucial as ever. It's not just about acceptance or branded pride parade swag; it's about creating an environment where everyone—regardless of sexual orientation or gender identity—can thrive. And thriving requires that our laws and institutions guarantee that one's livelihood, healthcare, and chance for financial security are not put at risk by choosing to live openly and freely. LGBTQIA+ employees in many states are already feeling their human rights come under attack through hateful and discriminatory state laws. The last thing they need is to have their places of employment also turning their backs on them. How can individuals feel safe coming out when the very systems designed to protect them are under attack?
The rollback of DEI programs isn't just a moral issue; it's increasingly a legal one. Lawsuits have been filed against employers claiming that DEI initiatives that work to welcome and include people of color and LGBTQIA+ folks discriminate against white people and straight cisgender people. While these suits exploit existing tensions, they overlook an important fact—legal protections exist to support inclusive workplaces.
Under Title VII of the Civil Rights Act of 1964, employment discrimination in the United States on the basis of sexual orientation or gender identity is illegal. This was made clear in 2020 with the Supreme Court's decision in Bostock v. Clayton County. This legal framework provides a foundation for companies committed to true inclusivity and is the starting point for them to showcase an authentic commitment to equality.
To the corporate leaders reading this, now is the time to stand firm and hold strong in your values. It's easy to support diversity in times of peace, but it's during times of challenge that true commitment is tested. Companies who were early allies in the fight for equality are still remembered and respected to this day. Now is the time to prove you respect your LGBTQIA+ employees as people, and that their personhood is not a fad that can be easily discarded when there is pushback.There are legal protections to ensure your commitment to the principles of equality and inclusion are bolstered against this wave of divisive political agendas. And it is your duty to ensure DEI is cemented into your institution's core values.
National Coming Out Day is a celebration of courage. It is a reminder of the progress that has been made possible by that courage, and that every person deserves the right to live openly without fear of retribution or exclusion. But this can only happen in an environment where safety and acceptance are firmly rooted in our laws and our institutions. This October 11, let's reaffirm our commitment to equality and stand up to this hateful and divisive anti-DEI rhetoric.
Keep ReadingShow Less
Federal Judge Gives Louisiana Polluters a 'Free Pass' to Harm Communities of Color
"Louisiana has given industrial polluters open license to poison Black and brown communities for generations," and the new ruling from a Trump-appointed judge will only magnify the problem, a campaigner said.
Aug 23, 2024
A right-wing federal judge in Louisiana on Thursday permanently blocked two federal agencies from enforcing civil rights legislation that could protect Black communities from disproportionate pollution in the state, drawing condemnation from environmental justice advocates.
The two-page ruling, issued by U.S. District Court Judge James Cain, who was appointed to the federal bench in 2019 by then-President Donald Trump, is a setback in the push for accountability for corporate polluters, most notably in "Cancer Alley," a roughly 85-mile stretch that runs along the Mississippi River from Baton Rouge to New Orleans.
Cancer Alley is home to a disproportionate number of poor and working-class Black people who have highly escalated risks of cancer thanks to the long line of petrochemical plants in the corridor. A recent study showed that the air there is far worse than previously realized.
"Louisiana has given industrial polluters open license to poison Black and brown communities for generations, only to now have one court give it a permanent free pass to abandon its responsibilities," Patrice Simms, a vice president at Earthjustice, said in a statement.
The ruling forbids the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice from enforcing "disparate-impact requirements" under Title VI the 1964 Civil Rights Act in the state of Louisiana. The ruling affects permitting for industrial projects and could, according to Earthjustice, even be applied to "basic services such as sewage, drinking water, and health services." Cain opted not to make the ruling effective nationwide.
The main events leading up to Thursday's decision began in January 2022, when Earthjustice filed a complaint to the EPA on behalf of St. John the Baptist Parish, a majority-Black community in the heart of Cancer Alley. The EPA then opened an investigation into whether Louisiana state agencies had failed to protect the parish from environmental health threats. The agency was preparing to negotiate reforms with the Louisiana Department of Environmental Quality. This was part of a nationwide EPA effort to tackle environmental racism.
However, Louisiana, like other states, fired back. In May 2023, then-Attorney General Jeff Landry, who is now governor, filed a lawsuit—the same lawsuit Cain ultimately ruled on—against the EPA to block the investigation. The next month, the EPA dropped its investigation, disappointing parish residents and human rights groups. The Intercept later reported that the agency dropped the investigation because of fear the state's case would reach the U.S. Supreme Court.
Cain could then have dropped Louisiana's suit, but, in a move that may have been aimed at preventing future such investigations, he moved forward with it, issuing a 77-page temporary injunction in January that laid the groundwork for today's far briefer decision, which made the ruling permanent.
In the temporary injunction, Cain put forth ahistorical and power-blind arguments about race that are common in right-wing circles.
"To be sure, if a decision-maker has to consider race, to decide, it has indeed participated in racism," the judge wrote. "Pollution does not discriminate."
Earthjustice warned that though Cain's ruling applies only in Louisiana, "it may embolden other states to seek similar exceptions and create a chilling effect on civil rights enforcement by other federal agencies."
Keep ReadingShow Less
'Major Blow': Trump-Appointed Judge Bars EPA From Enforcing Civil Rights Protections
"Instead of fixing the discriminatory permitting programs that have created sacrifice zones like Cancer Alley, Louisiana is fighting tooth and nail to keep them in place," said one advocate.
Jan 24, 2024
A ruling in Louisiana by a federal judge appointed by former Republican President Donald Trump will make it even harder for communities to fight environmental racism and the establishment of "sacrifice zones," said one advocacy group on Tuesday.
U.S. District Court Judge James Cain, Jr., appointed in 2018, ruled in favor of Louisiana eight months after GOP Attorney General Jeff Landry sued the Environmental Protection Agency (EPA), aiming to stop the Biden administration from opening investigations into violations of Title VI under the Civil Rights Act of 1964.
Title VI prohibits recipients of federal funds from discriminating against state residents based on race and national origin, and allows residents to petition the EPA arguing that state agencies have intentionally discriminated or disparately impacted a particular community.
In the U.S. District Court for the Western District of Louisiana, Cain ruled that Title VI requirements amount to “government overreach” and said in the decision that “pollution does not discriminate.”
While pollution itself does not discriminate against communities, numerous studies have shown the impact of environmental injustice and racism.
One paper published in 2022 by Tulane Environmental Law Clinic researchers found that communities of color face 7-21 times the amount of pollution that white communities experience and pointed to so-called “Cancer Alley”—an 85-mile stretch in Louisiana where petrochemical companies have built dozens of plants and medical experts have seen a disproportionate number of cancer cases—as an area that’s faced environmental injustice as a result of the state’s permitting process.
As Prismreported last week, the EPA was close to holding the Louisiana Department of Environmental Quality (LDEQ) accountable for putting the historically Black community of St. John the Baptist Parish at risk last year by greenlighting pollution-causing petrochemical plants near the town in Cancer Alley—but it halted a year-long investigation last June, a month after Landry filed his lawsuit.
At the time, Mary Hampton of Concerned Citizens of St. John told Earthjustice, which had called for the EPA's investigation on behalf of residents, that the agency's decision made residents "feel like our lives don't matter."
"We are suffering, we are dying," said Hampton. "That's a hard thing to deal with."
On Tuesday, Sam Sankar, senior vice president of programs for Earthjustice, said that Cain's injunction will allow Louisiana to continue allowing companies to pollute Cancer Alley without considering "disparate environmental impacts."
"Instead of fixing the discriminatory permitting programs that have created sacrifice zones like Cancer Alley, Louisiana is fighting tooth and nail to keep them in place," said Sankar. "The public health crisis in St. John the Baptist Parish shows us why we need Title VI: EPA needs to be able to use our civil rights laws to stop states from running permitting programs that perpetuate environmental injustice."
As The Intercept reported last week, the EPA also backed away from another Title VI case last year—one alleging that the Michigan Department of Environment, Great Lakes, and Energy had violated the law by issuing permits to an asphalt plant in a low-income, majority-Black town where residents were also at increased risk for asthma.
"Experts say that the EPA appears to be shying away from certain Civil Rights Act investigations in states that are hostile to environmental justice, due to fears that Landry's suit or similar efforts could make their way to the conservative Supreme Court," wrote Delaney Hogan.
On Tuesday, Hogan suggested Cain's ruling makes it more likely that the Supreme Court could eventually "crush the EPA's ability to pursue environmental justice."
"I think we can all see where this is headed," said Hogan.
Keep ReadingShow Less
Most Popular