Windy City Media Group Frontpage News

THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

home search facebook twitter join
Gay News Sponsor Windy City Times 2021-09-01
DOWNLOAD ISSUE
Donate

Sponsor
Sponsor

  WINDY CITY TIMES

Lambda Legal Pressesfor Federal LGBT Employment Protection in New Appeals Court Case
From a press release
2018-03-07

This article shared 669 times since Wed Mar 7, 2018
facebook twitter google +1 reddit email


( St. Louis, March 7, 2018 ) —Today, Lambda Legal and co-counsel Mathis, Marifian & Richter, LTD. filed an appeal with the U.S. Court of Appeals for the Eighth Circuit on behalf of Mark Horton, a healthcare sales specialist whose job offer at St. Louis-based Midwest Geriatric Management ( MGM ) was withdrawn when the employer learned Horton is gay.

This is the fourth federal appeal in Lambda Legal's quest to secure the discrimination protections of Title VII of the Civil Rights Act of 1964 for lesbian, gay, and bisexual workers. It comes just one week after the full Second Circuit Court of Appeals ruled in favor of the estate of Donald Zarda, a skydiving instructor fired for being gay, and less than a year after the landmark decision of the full Seventh Circuit in Lambda Legal's lawsuit, Hively v. Ivy Tech Community College, extending Title VII's protections to a college instructor denied a fulltime job and ultimately fired because she is a lesbian. Lambda Legal argued before both those courts.

"We have taken huge strides in ensuring that federal courts across the country recognize that sexual orientation discrimination is a form of sex discrimination prohibited by federal law. Thanks to the landmark decisions by the Second and Seventh Circuits, we have the wind on our backs and progress towards the correct understanding that the Civil Rights Act covers LGBT workers now is as inexorable as it is inevitable," said Greg Nevins, Employment Fairness Project Director for Lambda Legal. "The only metric employers or prospective employers should use is: is the candidate or employee qualified? Mark's case was textbook discrimination by any standard. It was all systems go until MGM realized Mark is gay and withdrew the job offer."

"Midwest Geriatric Management basically ended my career," Horton said. "I left my previous job to accept a great offer at MGM, a position that I had been recruited for. When MGM rescinded the offer, suddenly I was jobless. I am still trying to put the pieces back together. Being able to be open and bring my whole self to my work has been an asset, and I have the track record to prove it."

In February 2016, Horton, then vice president for sales and marketing for Celtic Healthcare, was approached by an executive search firm hired by Midwest Geriatric Management, a Celtic Healthcare competitor, to fill a similar position at MGM. While Horton was not actively looking to leave Celtic at that time, MGM's representative persuaded him that it would be worth his while, so Horton decided to apply. After an extensive assessment and interview process, in mid-April, 2016, Horton received a written job offer from MGM's owners, Judah and Faigie ( Faye ) Bienstock. Horton accepted the offer on May 4, and received an enthusiastic reply email from Faye Bienstock welcoming Horton to MGM. Based upon both the written offer and the enthusiastic reply, Horton notified Celtic Healthcare that he would be leaving.

In the course of finalizing his start date and tracking the last remaining academic records for MGM's background check, Horton had several communications with Faye Bienstock, none of which indicated any issue. Then, on May 17, in an email updating Bienstock on the status of the academic records search, Horton revealed he was in a same-sex relationship when he wrote: "My partner has been on me about [my MBA] since he completed his PhD a while back." Five days later, Bienstock wrote Horton withdrawing the offer of employment.

"This should never have happened," co-counsel Mark S. Schuver said. "Mark was not actively looking to leave Celtic Healthcare; MGM recruited him. And it was only after receiving the written offer and the enthusiastic emails that Mark notified Celtic he was leaving. And he was certainly not hiding his sexual orientation, nor should he have to. This has been devastating for Mark and his family and we hope the Eighth Circuit will follow the examples of the Second and Seventh Circuits and confirm that Title VII protects you no matter whom you love or how you identify."

Schuver and Natalie T. Lorenz of Mathis, Marifian & Richter, LTD, represented Horton in the lawsuit filed last August in the U.S District Court for the Eastern District of Missouri. The lawsuit was dismissed, and Lambda Legal joined the case in its appeal to the Eighth Circuit.

Lambda Legal's involvement in this case, as well as Zarda v. Altitude Express in the Second Circuit, Hively v. Ivy Tech in the Seventh Circuit, and Evans v. Georgia Regional Hospital in the Eleventh Circuit, is a part of a national effort to establish and enforce employment discrimination protection for all LGBT people and everyone living with HIV. In addition to the sexual orientation cases, these efforts include an historic win for transgender workplace rights in Glenn v. Brumbyand the current lawsuit Karnoski v. Trump challenging the ban on transgender troops. The current cases are all part of Lambda Legal's Out at Work campaign to bring awareness to LGBT people everywhere of their Title VII rights, and assert that all people have the right to a job with dignity, free from repercussions for who they are or whom they love.

Gregory R. Nevins, Omar Gonzalez-Pagan and Sharon M. McGowan are the attorneys for Lambda Legal in this matter. They are joined by co-counsel Mark S. Schuver and Natalie T. Lorenz, of Belleville, Illinois-based Mathis, Marifian & Richter, LTD.

The case is Horton v. Midwest Geriatric Management. Read the complaint here: www.lambdalegal.org/in-court/legal-docs/mo_horton_20180307_complaint .

More information about Lambda Legal's work on employment protections is available here:www.lambdalegal.org/issues/employment-and-rights-in-the-workplace .


This article shared 669 times since Wed Mar 7, 2018
facebook twitter google +1 reddit email

  ARTICLES YOU MIGHT LIKE

Gay News

Attorneys general file pro-transgender brief
2021-10-15
A coalition of 20 attorneys general, including Illinois Attorney General Kwame Raoul and New York counterpart Letitia James, filed an amicus brief in the case of Soule v. Connecticut Association of Schools, opposing the plaintiffs' efforts ...


Gay News

Chicago Plumbing Code allows all-gender multiple occupancy restrooms
2021-10-15
--From a Community Restroom Access Project (CRAP) press release - CHICAGO — The Community Restroom Access Project (CRAP) applauds passage Thursday by the Chicago City Council of the plumbing code modernization ordinance that will allow businesses and building owners to ...


Gay News

SAVOR Adorn Bar & Restaurant, take two
2021-10-09
The last time I stopped by Adorn Bar & Restaurant—in the Four Seasons Hotel, 120 E. Delaware St. (which was also the first time I went there)—I encountered one of the most innovative brunch menus ever, ...


Gay News

Appeals court reinstates Texas abortion law
2021-10-09
On Oct. 8, a federal appeals court put a temporary hold on a judge's order that had blocked Texas' six-week abortion ban, CNN.com reported. Just two days earlier, U.S. District Judge Robert Pitman issued an order ...


Gay News

Toni Preckwinkle addresses security incidents
2021-10-08
Cook County Board President Toni Preckwinkle released a statement regarding two recent situations connected with her security detail. "In the past few months, there have been two separate incidents when members of my Executive Detail have ...


Gay News

Ex-NU professor found guilty of murdering boyfriend
2021-10-08
On Oct. 7, Cook County jurors deliberated for less than two hours before finding former Northwestern University Wyndham Lathem guilty in the gruesome stabbing death of his boyfriend, The Chicago Tribune reported. Jurors heard about a ...


Gay News

Federal judge blocks strict Texas abortion law
2021-10-07
On Oct. 6, U.S. District Judge Robert Pitman issued an order blocking the state's six-week abortion ban, according to Texas Lawyer. Pitman, of the U.S. District Court for the Western District of Texas, granted the department's request for ...


Gay News

Equality Now's virtual global gala Oct. 12
2021-10-06
Equality Now announced that its annual Make Equality Reality Gala will be held Tuesday, Oct. 12, at 8:30 p.m. ET/5:30 p.m. PT. Since 1992, Equality Now has worked to ensure that laws treat men and women ...


Gay News

New Supreme Court session: Religion dominates
2021-10-04
First in the spotlight as the U.S. Supreme Court begins its new session Monday (October 4) is the seemingly precarious state of the right to abortion, an issue LGBT groups have long considered to be of ...


Gay News

Out state Sen. Mike Simmons aims to 'prioritize people' in economic, healthcare equity fight
2021-10-04
Each week, Illinois state Sen. Mike Simmons' constituents pile into his office to share ideas about how to improve their lives. Through conversations with single mothers raising young children in poverty, residents facing displacement and teenagers ...


Gay News

SPORTS Women's soccer commissioner resigns in wake of scandal
2021-10-04
National Women's Soccer League (NWSL) Commissioner Lisa Baird resigned after approximately 19 months on the job amid allegations that a former coach engaged in sexual harassment and misconduct, NPR reported. ...


Gay News

NATIONAL Black AIDS Institute, non-binary person attacked, Rachel Maddow
2021-10-03
The board of directors of the Black AIDS Institute (BAI) announced the appointments of Toni Newman as its interim chief executive officer and Dr. Kemal M. Atkins as managing director, a press release noted. In addition, ...


Gay News

LGBT History Month: Dutch gay man defied the Nazis and saved thousands
2021-10-03
In the final days before his execution in July 1943 at the hands of the Nazi party, Willem Arondeus asked his lawyer for one last request: to spread a message after he was gone. "Let it be known," he said. "Homosexuals ...


Gay News

Texans protest anti-trans youth measures at capitol in Austin
2021-10-03
GLAAD and Equality Texas issued a release highlighting a week of protest at the Texas state capitol in Austin—where measures targeting transgender children are being considered during the legislature's third special session of the year. Three ...


Gay News

LGBTQ History Month: Until legal ruling, Disneyland banned same-sex dancers
2021-10-01
Deemed the "Happiest Place on Earth," Disneyland sadly didn't live up to that billing for same-sex couples during its first three decades. Opened in 1955 by the late Walt Disney, the family-oriented amusement park was built ...


 



Copyright © 2021 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 
 

TRENDINGBREAKINGPHOTOS







Sponsor
Sponsor


 

Sponsor


Donate


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Advanced Search     
Windy City Queercast      Queercast Archives     
Press  Releases      Join WCMG  Email List      Email Blast      Blogs     
Upcoming Events      Todays Events      Ongoing Events      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Privacy Policy     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.