Message to Heterosexuals: Take a Stand Because Your Silence is Killing Us

The Diversity Speaker Newsletter
Dr. Maura J. Cullen
(Sponsor, The Diversity Student Summit)
Oct. 2010 Issue

A Message To Heterosexuals: Take a Stand Because Your Silence is Killing Us
An all out assault is taking aim at gays, lesbians, bisexuals and transgender people across this country. And with mid-term elections on the horizon you can be certain that the Republican Party will dispense the anti-gay/pro-family platform frequently.

GLBT students have experienced the bulk of the violence. Bullying, both new school (cyber-bullying) and old school techniques have proven to be deadly. Even politicians and musicians are taking their heterosexist and dangerous rhetoric to the public airwaves.

Here are some of the troubling events that have taken place this past month alone.

'Don't ask--Don't tell' policy permitting discrimination of LGBT military service personnel is upheld.

GLADD (Gay & Lesbian Alliance Against Defamation) reported that over the last month, four teenagers have taken their own lives after facing bullying incidents and another student that was not reported brings the total to five.

18-year-old Tyler Clementi, a freshman at the Rutgers University New Brunswick/Piscataway Campus, jumped off of the George Washington Bridge after a classmate secretly filmed him kissing another man and then posted it to the Internet. 


13-year-old Asher Brown, a student at Hamilton Middle School in Cypress, Texas, shot himself in the head after enduring what his mother and stepfather say was constant anti-gay harassment. 



13-year-old Seth Walsh, a student at Jacobsen Middle School in Tehachapi, Calif., hanged himself from a tree after classmates taunted him repeatedly for being gay. He initially survived the attempt, but he died after ten days on life support.



15-year-old Billy Lucas, a freshman at Greensburg High School in Greensburg, Ind., hanged himself the day his friends say he was suspended from school for fighting back against the bullies who abused him constantly. The harassment was often directed at what the aggressors presumed about his sexual orientation.

Raymond Storm Chase, a gay man from Johnson & Wales University (RI) hung himself in his residence hall room.

Michigan Assistant Attorney General Andrew Shirvell has waged a media war against Chris Armstrong, president of the University of Michigan student assembly who is gay. Through cyber-bullying and harassment as well as TV appearances, Shirvell is committing the very same acts of harassment he has vowed to protect people from. On his blog Shirvell called Armstrong "Nazi like," a recruiter for "the cult that is homosexuality," and a proponent of a "racist, anti-Christian agenda."

50 Cent tweeted an anti-gay message to his 3.3 million followers soon after Tyler Clementi's suicide. The rapper wrote: "If you a man and your over 25 and you don't eat pu**y just kill your self damn it. The world will be a better place. Lol."

All of this hate in only one month's time. Without question this is only the tip of the iceberg. October 11th is Inter-national Coming Out Day. In the United States, the Human Rights Campaign (HRC) manages the event under the National Coming Out Project, offering resources to LGBT individuals, couples, parents and children, as well as straight friends and relatives, to promote awareness of LGBT families living honest and open lives. It is time for our heterosexual allies, family and friends to become vocal in speaking out and standing with their GLBT family, friends and colleagues. It is no longer acceptable to simply know what the right thing is to do; we must find the courage to actually DO IT!

As heartbreaking as these stories are and for the many that have not been told, there is hope. There has been a loud outcry for change from politicians and educators. Hollywood and television personality's, Ellen, Anderson Cooper, Dr. Phil, the cast of Glee and Modern Family, etc... have taken a strong stand against anit-gay bullying.

Among other highlights reported by HRC:

Corporate America protects LGBT workers from discrimination and provides benefits in ways that the government doesn't. While only 29% of the U.S. population lives in states with statewide non-discrimination statutes that specify sexual orientation and gender identity, 99% of Corporate Equality Index-rated companies include sexual orientation and 76% include sexual orientation and gender identity in their non-discrimination policies. In 2002, only 5% of companies included gender identity among their non-discrimination policies.
In 2004, only 3% of Corporate Equality Index-rated companies addressed transgender health with limited benefit offerings. Today, 79% of rated companies provide this limited coverage and 85 companies specifically offer at least one health care plan option to all employees that covers many medically necessary transition-related treatment including hormone therapies and sexual affirmation surgeries.

In 2002, 70% of Corporate Equality Index-rated companies provided domestic partnership health-care benefits. Today, 95% of rated companies provide that coverage
See full article from DailyFinance: http://www.dailyfinance.com/story/company-news/target-best-buy-and-3m-lose-gay-rights-groups-top-rating/19660038/?icid=sphere_copyright

As educators we must be vigilant in creating a climate where our GLBT students feel safe. Acts of harassment and bullying must be taken seriously and dealt with in a timely manner. We have to confront language, even the very common saying of "that's so gay" or "fag". It's often the accumulation of what many think are harmless remarks and jokes that leave a lasting impact on the GLBT community or those perceived to be GLBT. Our allies have to be empowered with a skill set that allows them to confront their heterosexual peers and parents.
We must not back down from those who would seek to harm us---we must stand up--stand out--and stand together.

Actionable hostile work environment can be based upon a single action.

The 7th U.S. Circuit Court of Appeals has held that it is up to a jury to determine whether, in fact, a single instance of uninvited intimate physical contact may be sufficient to support a claim of hostile work environment. Berry v. Chicago Transit Authority, 7th Cir., No. 07-2288, August 23, 2010.

Cynthia Berry was hired by the Chicago Transit Authority (CTA) in 2002 as a carpenter. In January 2006, Berry was one of only two female employees among about 50 individuals working in Area 315, and was the only female of the 15 carpenters working there. During breaks, employees in Area 315 often played cards at a picnic-style table in a break area. During a morning break on January 17 or 18, Berry sat down at the table with three male employees. A fourth male employee, Carmichael, sat down straddling the bench, with his back toward Berry. According to Berry, Carmichael began rubbing his back against Berry’s shoulder. She jumped up, told him to stop, and moved to the other end of the table. Although another employee told Berry to get up, Berry remained seated. Berry alleges that Carmichael then lifted her from behind, grabbing her by the breasts, and rubbed her body against his before throwing her to the ground “with force.” She further alleges that Carmichael then pushed her into a fence.

On the following day, Berry reported the incident to one of her supervisors (Gorman), who – according to Berry – told her that she was a “pain in the butt” and that she could lose her job if she filed charges against Carmichael. Berry alleges that Gorman also said that he was “going to do whatever it takes to protect CTA.” However, Gorman reported the incident to a CTA EEO investigator, and collected statements from Berry and the others who witnessed the incident for review by the investigator. In the meantime, Berry called the police, reporting that she had “been attacked” at work. The police spoke to Berry, Carmichael and Gorman, and determined, based on that investigation, that Berry actually had been the aggressor. The CTA investigation ultimately resulted in the same finding. Berry contends that Gorman sabotaged the investigation to prevent the alleged harassers from being punished; she then filed a lawsuit alleging gender discrimination, hostile work environment, and retaliation. The lower court granted summary judgment in CTA’s favor, dismissing all of Berry’s claims. It dismissed the gender discrimination claim based on the absence of an adverse employment action, and the retaliation claim because Berry raised the issue only during the summary judgment process. The lower court also found that the hostile environment claim could not go forward because CTA took prompt and reasonable steps to discover and rectify the actions complained of by Berry.

On appeal, the Seventh Circuit upheld the dismissal of the gender discrimination and retaliation claims, but reversed the dismissal of the hostile environment claim. In order for that claim to survive summary judgment, Berry had to show that she was subjected to unwelcome conduct because of her sex, that the conduct was so severe or pervasive that it created a hostile environment, and that there was a basis for CTA’s liability. Berry argues that she experienced a hostile environment when Carmichael allegedly rubbed his body with hers; she also argues that Gorman’s dismissive comments to her about her complaints form the basis for CTA’s liability. The lower court had discounted Berry’s uncorroborated testimony on those issues when it found in CTA’s favor.

The Seventh Circuit spelled out the principles upon which it based its decision, specifically finding that personal knowledge or first-hand experience of a plaintiff can create a “disputed fact” that can only be resolved by a jury. According to the Seventh Circuit, the lower court improperly discounted Berry’s testimony, which was based on her own personal encounters with both Carmichael and Gorman and therefore, according to the Seventh Circuit, could create issues of material fact sufficient to preclude summary judgment. The Court further held that a single act can create a hostile environment if it is severe enough. Carmichael’s actions, as alleged by Berry, qualify as such an act. Notably, the Seventh Circuit also determined – based solely on Berry’s uncorroborated testimony of Gorman’s remarks – that a “reasonable factfinder” could come to the conclusion that CTA, through its manager, had “maliciously thwarted any legitimate investigation, and that CTA was therefore negligent or worse in responding to [Berry’s] report of harassment.”

The primary method for employers to avoid this situation is to be able to show thorough and detailed investigation training, and to ensure that managers’ responses to complainant/employees are consistent, objective, and by-the-book, in order to establish some defense to the uncorroborated testimony of such employees.

From Ogletree Deakins, Employment Law Matters
(Posted on August 30, 2010 by Maria Danaher )

Free Online Diversity Workshops Set For August, September; New Info Discrimination Lawsuits

New EEOC data shows that religious discrimination claims have doubled in the past 15 years, and the number of settlements has tripled since 1997. This should not surprise most executives for two reasons, says diversity consultant Susan Klopfer.

First, the United States is seeing a broader mix of religious backgrounds as workforces diversify. Second, employees have become more litigious, "and they're well aware of the laws that give them the right to certain accommodations based on their religious beliefs."

Yet the real question for today's companies are whether they are seeing this and related employment discrimination litigation as a "problem" or at least some components as an opportunity to strengthen their businesses, Klopfer says.

The Iowa civil rights author is announcing three online workshops entitled "Five Costly Diversity Mistakes Companies Can Make and How To Avoid Them." Sessions are set for August 10, 24 and September 1 and run from 2 to 2:30 p.m. Central time. There is no cost and attendees receive a free gift, Klopfer said.

For the Thur, Aug 12, 2010 2:00 PM - 2:45 PM CDT online session, click HERE now to register.

For the Tue, Aug 24, 2010 2:00 PM - 2:45 PM CDT online session, click HERE now to register.

For the Wed, Sept 1, 2010 2:00 PM - 2:45 PM CDT online session, click HERE now to register.

"As our country becomes more and more diverse in every aspect, from changing family structures and increasing minority population to changing religious patterns, there is great opportunity for the organization that adapts to and embraces diversity, and this will be the focus of these online workshops," Klopfer said.

Klopfer, who holds a master's degree in business administration from Indiana Wesleyan University, is also the author of three books on civil rights, including her latest, Who Killed Emmett Till? Persons wishing to sign up for workshops can do so at Klopfer's website www.susanklopfer.com.