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discrimination
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.
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Recovering Takes A Village, Not A Stereotype
This National Recovery Month, learn about an Ohio community agency taking a stand for recovery justice.
Sep 25, 2024
As we mark National Recovery Month this September, I find myself reflecting on my own journey with Substance Use Disorder, or SUD, and the vital role that community plays in both addiction and healing. My experience is a testament to how crucial a supportive environment is for people to rebuild their lives with dignity, especially now, as communities across our country try to close the door on those who deserve a chance at recovery.
My story is not unique. Like so many others, I struggled in silence. Substance use was a topic never openly acknowledged in my family—it was treated like dirty laundry, something to be disregarded, not diagnosed. As a nurse and a loving mother, I presented a picture-perfect life to those around me. I was in denial myself, too: I believed I was immune to any of the pressures that could lead to substance use, despite living in a city and state where it was so prevalent. And even with my medical background, I was unable to see my own addiction for the health issue that it was.
It wasn’t until I confronted my internalized stereotypes and became vulnerable with others that I began to heal. Since there was a lack of official recovery services in my hometown, I realized recovery cannot occur in isolation, it requires a supportive community and dedicated spaces and professionals. Even with a lack of drug courts, reentry drug courts, and support groups available in my city at the time, my own recovery was made possible because of my friends and family: the very community I had feared to share my truth with.
Shunning and shaming does not stop SUD. Our siblings, children, and friends deserve our support and should not be labeled as “dangerous” or “criminals.”
Once my truth was laid bare, others became more vulnerable with me and began to share their own stories. There were fellow parents, neighbors, and friends all of whom believed they were the only ones struggling. I learned that SUD thrives in secrecy. This experience inspired me to create a recovery center so others could heal within the community and find the support they need, free from stigma.
Alongside my family, I founded Lawrence County Recovery, LLC (LCR), an agency dedicated to breaking the cycle of shame surrounding SUD, and providing recovery services that empower individuals to reenter their communities with pride. Too often, people in recovery are met with judgment instead of compassion, turned away when they should be welcomed. Recognizing that peer and community support makes the recovery process more sustainable, LCR has set up recovery housing, or sober living homes. In these homes, small groups of people in recovery can live together, support one another, and hold each other accountable as a step toward independent living.
Despite these successes, and after more than five years of supporting over 1,500 people in recovery, I am still witnessing firsthand how discrimination harms and stigmatizes LCR’s clients.
This past August, LCR filed a lawsuit against the Village of Coal Grove, Ohio for engaging in a uniquely egregious and discriminatory campaign targeting individuals in recovery from SUD. The complaint alleges that Coal Grove has imposed a moratorium on new recovery homes, enforced invasive and restrictive requirements on existing providers, and pursued criminal charges against LCR’s leadership, all based on unfounded fears and prejudices.
It is deeply painful to watch as some of my local leaders and neighbors turn their backs on members of our community. Shunning and shaming does not stop SUD. Our siblings, children, and friends deserve our support and should not be labeled as “dangerous” or “criminals.”
People in recovery are protected under federal and state disability laws, including the Fair Housing Act and the Americans with Disabilities Act, which are designed to ensure access to the resources necessary to rebuild lives. This lawsuit is about more than just one city or one recovery provider—it represents a broader struggle for recovery justice.
In Lawrence County alone, zoning proposals in Ironton and South Point have threatened treatment facilities. Throughout Ohio and across the country, local governments are enacting policies that actively hinder recovery services, often driven by misinformation, fear, and stigma.
If we are to make real progress, we must dismantle the harmful stereotypes that surround substance use disorder and embrace the true values of community—belonging and acceptance. My hope is that this stand against discrimination sends a message across the state, that hate has no place in our homes and that healing takes a village.
Recovery is possible, but it cannot happen in the shadows. As a society, we must do better—opening our communities and our hearts to those who need support. This National Recovery Month, let us remember that addiction does not discriminate, and neither should we.
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Markey, Schumer Demand Civil Rights Protections for Federal Use of AI
"Without new protections," they warned, "today's supercharged, AI-powered algorithms risk reinforcing and magnifying the discrimination that marginalized communities already experience."
Sep 16, 2024
U.S. Senate Majority Leader Chuck Schumer and Sen. Ed Markey on Monday sent a letter urging the Biden administration to pursue additional action to protect civil rights and liberties related to federal agencies' use of artificial intelligence.
While recognizing the "strong steps" that the administration has already taken—such as President Joe Biden's October 2023 executive order—Schumer (D-N.Y.) and Markey (D-Mass.) stressed to Office of Management and Budget (OMB) Director Shalanda Young that "more must be done" to mitigate, prevent, and eliminate algorithmic bias and discrimination.
Specifically, the pair is pushing OMB to "require all federal agencies that use AI for consequential decisions to establish a civil rights office, if they do not already have one; ensure all civil rights offices are staffed with experts in algorithmic discrimination; and encourage federal agencies to establish additional safeguards to prevent algorithmic discrimination."
As the Biden White House explained in its 2022 Blueprint for an AI Bill of Rights, "Algorithmic discrimination occurs when automated systems contribute to unjustified different treatment or impacts disfavoring people based on their race, color, ethnicity, sex (including pregnancy, childbirth, and related medical conditions, gender identity, intersex status, and sexual orientation), religion, age, national origin, disability, veteran status, genetic information, or any other classification protected by law."
"Biased algorithms have increasingly been used to make or influence decisions, imposing real harm on Black, Brown, immigrant, and other marginalized communities."
The ACLU earlier this year sued Biden's National Security Agency in hopes of uncovering how it is using AI, and emphasized concerns that the NSA's use of such tools could harm civil rights and liberties.
The senators wrote Monday that "by ensuring that agencies have the resources, personnel, and policies to detect and mitigate bias, we can ensure that the AI age does not come at the expense of already marginalized and vulnerable communities."
"Without new protections," they warned, "today's supercharged, AI-powered algorithms risk reinforcing and magnifying the discrimination that marginalized communities already experience due to poorly trained and tested algorithms."
The senators highlighted how "biased algorithms have increasingly been used to make or influence decisions, imposing real harm on Black, Brown, immigrant, and other marginalized communities," citing examples from mortgage applications, hiring and employment, government benefits, and healthcare.
Earlier this year, OMB issued guidance regarding government use of AI tools, which Damon T. Hewitt, president and executive director of the Lawyers' Committee for Civil Rights Under Law, called "a significant step to implement meaningful safeguards."
Noting that the guidance directs agencies to "cease use of any AI that the agency finds cannot adequately mitigate unlawful discrimination," the senators argued that "OMB should also work with agencies to set strict guidelines to prevent algorithmic discrimination within relevant agency jurisdiction."
The OMB, they said, should push agencies to require recipients of federal funds and contracts "to complete pre-development, pre-deployment, and ongoing impact assessments to identify, mitigate, prevent, and eliminate biased AI," as well as "to allow individuals to opt out of AI-powered algorithms used in consequential decisions and instead request human decision-makers."
The senators also urged the office to pressure U.S. agencies to "fund the development of common, accessible resources for auditing algorithms—including open-source tools—for bias, discrimination, and other harms," and to "develop guidance on best practices for mitigating the development and deployment of biased AI-powered algorithms."
"Finally, because a regulation is only as strong as its enforcement, OMB should support federal agencies that take robust enforcement against any company found to violate these rules," the senators wrote, calling on Young to convene inspectors general to coordinate on best practices.
Reporting on the letter, Axiosnoted Monday that "Schumer's bipartisan AI roadmap fell short for civil rights organizations that wanted stronger language on algorithmic bias and discrimination."
Meanwhile, Markey has been a key force behind both the Algorithmic Justice and Online Platform Transparency Act and the Facial Recognition and Biometric Technology Moratorium Act.
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