Sex Descrimination – CFL Web http://cflweb.org/ Tue, 13 Sep 2022 22:49:29 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://cflweb.org/wp-content/uploads/2021/05/default-150x150.png Sex Descrimination – CFL Web http://cflweb.org/ 32 32 Billy R. Oswald sued in federal court for sexual harassment https://cflweb.org/billy-r-oswald-sued-in-federal-court-for-sexual-harassment/ Tue, 13 Sep 2022 22:49:29 +0000 https://cflweb.org/billy-r-oswald-sued-in-federal-court-for-sexual-harassment/ A Midlands attorney and former Lexington County Council member fostered a toxic culture of sexism and sexual harassment at his law firm, according to a federal complaint filed by a former employee. “I am your king. I am your god,” Lexington County Councilman Billy R. Oswald liked to say to his employees, according to the […]]]>

A Midlands attorney and former Lexington County Council member fostered a toxic culture of sexism and sexual harassment at his law firm, according to a federal complaint filed by a former employee.

“I am your king. I am your god, Lexington County Councilman Billy R. Oswald liked to say to his employees, according to the Sept. 8 lawsuit.

“You will do what I tell you to do as long as you work here.”

A former office manager is now suing Oswald, a prominent personal injury lawyer and Midlands political figure, alleging he fostered a toxic culture of sexism and abuse at his law firm, Oswald & Burnside.

Among other charges, the lawsuit claims 74-year-old Oswald groped the employee, called female customers and workers ‘b—–s’ and engaged in ‘sex acts’ with prostitutes in the office conference room during working hours. .

Oswald said he had “no comment” when contacted by the state.

“We stand by the allegations contained in the complaint,” said the former employee’s attorney, Jack Cohoon.

The former employee alleges that Oswald, who has held several elected and appointed positions in the Midlands, created a workplace swirling with ‘sex talk, innuendo and gossip’.

The employee, who is not named by the state because the lawsuit includes allegations that she was a victim of sexual assault, began working for Oswald around 2009. Hired as a paralegal, the employee eventually became unofficial office manager at Oswald & Burnside. law firm with duties ranging from secretarial work to collecting rent from tenants of Oswald properties.

On several occasions, Oswald grabbed the former employee’s breasts, placed “his hand near her vagina” and exposed her genitals to the workers.

The lawsuit describes a culture of overt sexism, where Oswald demanded sexual favors from female employees in exchange for raises. In an incident described in the lawsuit, Oswald allegedly told a group of female employees over lunch that he would pay them an extra $15,000 a year if they performed “sex acts on him several times a week.”

In another incident in February 2020, Oswald was in the employee’s office when she asked if she would get a bonus for business she helped settle. With the door closed, Oswald refused, telling her, “You all make more than enough money. You just have to take care of me.

The employee alleges that over the years, prostitutes – some of whom were Oswald’s clients and tenants – performed sexual acts on Oswald in the office. In the lawsuit, the employee recounted hearing moans and remembering at least one incident when she saw a woman perform a sex act on Oswald through a cracked door.

In June 2020, the employee finally quit after Oswald denied her a raise. In response to her request, which would have been her first raise since 2014, Oswald reportedly called the employee “b—-ungrateful.”

“You didn’t deserve a raise. You don’t deserve it. The only thing you’re good at is lying on your back,” Oswald reportedly said.

The employee’s lawsuit also alleges that Oswald stopped paying her around April 2020. During the early months of the pandemic, Oswald became increasingly “busy with a money-making scheme by asking unemployment benefits and CARES Act funds for the people.” At the same time, Oswald ordered all of his employees to file for unemployment while continuing to work for the company, according to the lawsuit.

In November 2020, the employee filed a discrimination complaint with the South Carolina Human Affairs Commission. In it, she alleged gender discrimination and retaliation.

The lawsuit was allegedly filed after the employee tried to reach a resolution with Oswald.

During his decades-long career in Lexington County, Oswald became deeply involved in the political and legal world of Midland. Since founding his West Columbia law firm in 1988, Oswald has also served on county and state bars. In addition to serving on the Lexington County Board, Oswald served as the South Carolina manager for Gary Hart’s 1984 presidential campaign and later ran unsuccessfully in the Republican primaries for State House District 89 in 2016 and 2018.

Oswald previously held positions on the Lexington County Board of Education, the South Carolina Health Planning Committee, and the Lexington Medical Center Board of Trustees.

The lawsuit also names Oswald’s law firm and several limited liability companies that Oswald allegedly used to conduct business.

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Catholic colleges now offer ‘gender-integrative’ housing, among other LGBTQ+ initiatives – Catholic Telegraph https://cflweb.org/catholic-colleges-now-offer-gender-integrative-housing-among-other-lgbtq-initiatives-catholic-telegraph/ Sat, 10 Sep 2022 21:27:35 +0000 https://cflweb.org/catholic-colleges-now-offer-gender-integrative-housing-among-other-lgbtq-initiatives-catholic-telegraph/ Saint Mary’s website references the college’s non-discrimination disclosure as the basis of the policy. Middle School States he has a “very active LGBTQIA student body” and refers to a listing of what makes a college “safe” for LGBTQ students, including gender-neutral housing and bathrooms, access to transgender healthcare, and “signs of pride” around campus such […]]]>

Saint Mary’s website references the college’s non-discrimination disclosure as the basis of the policy.

Middle School States he has a “very active LGBTQIA student body” and refers to a listing of what makes a college “safe” for LGBTQ students, including gender-neutral housing and bathrooms, access to transgender healthcare, and “signs of pride” around campus such as rainbow flags. rainbow and pink triangles.

Saint Mary’s is named “one of the nation’s most LGBT-friendly Catholic campuses” by Ministry of New Waysan organization that campaigns to change the teachings of the Catholic Church on same-sex marriage.

The college one women‘s center, intercultural centerand run by students PRIDE on-campus club frequently hosts queer events highlighting and to celebrate the LGTBQ community.

Saint Mary’s did not respond to requests for comment.

Denise Donohue, vice president of educational resources at the Cardinal Newman Society, criticized each of the universities’ “gender-inclusive” housing initiatives in light of their Catholic affiliation.

“Caving in to these sexualized ideologies under the guise of diversity and inclusion denies young people the ability to practice the virtues, such as modesty, that will lead them to heaven, Donohue told CNA.

“Young people today need all the support they can get to live a chaste life so that they can give themselves, in purity, to their future spouse or to their religious life,” he said. -she adds.

“Where is this message conveyed in these universities? »

Villanova’s pronoun politics

Villanova University in Villanova, Pennsylvania, published a document earlier this year, the implementation of a new policy that allows faculty and students to update their personal information to reflect their new preferred names and pronouns.

“The chosen first name and personal pronoun will now appear on class lists and other academic communications,” Villanova said. gender inclusion handbook bed. The policy also instructs faculty and staff on how to be “gender inclusive” on campus and avoid the “harmful effects of gender stereotyping and gender misdirection.”

A university spokesperson defended the new chosen name policy in an email to CNA, saying, “Calling someone by their name and pronouns shows respect for them as a person and a fellow countryman. Villanovan.”

“Villanova upholds and upholds the teaching of the Catholic Church that all people are accepted with respect, compassion and sensitivity. As part of our Augustinian values ​​of Veritas, Unitas, Caritas – Truth, Unity and Love – Villanova seeks to be a welcoming and inclusive community that respects members of all backgrounds and faiths,” he added.

The Chapel of St. Thomas of Villanova on the Villanova University campus. Shutterstock

Villanova too provides gender-neutral bathrooms and LGBTQ-specific groups, fellowships, fellowships and internships.

The school’s LGBTQ employee resource group released a public statement on the college’s website supporting same-sex marriage and condemning the Vatican’s recognition of same-sex marriage as a sin.

“We are appalled by the recent statement from the Vatican that labels same-sex unions as a ‘sin’ and suggests that it is a choice to love someone of the same sex,” said the statement reads, adding that the move was “particularly hurtful given the Catholic Church’s long-standing exclusion of LGBTQ+ people.”

The statement ends with “A prayer for all marriagesasking for God’s blessing on “every marriage, regardless of gender or sexual orientation” and asking God to “guide us as we speak out against oppression in our Church.”

Villanova also hosts a campus chapter of Allied Athletea non-profit LGBTQ advocacy organization created as an “inclusive environment” for LGBTQ athletes.

Villanova’s chapter page presents its mission statement “to end rampant heteronormation and transphobia in sport and inspire the sport community to exercise leadership in championing LGBTQAI+ equality”.

The page also displays a video Villanova students discuss how college has been a “safe space” for them as “queer athletes.”

Pope Francis has condemned gender ideology in recent statements, saying that “biological sex and the socio-cultural role of sex [gender] can be distinguished but not separated” and that “it is one thing to understand human weakness and the complexities of life and quite another to accept ideologies that attempt to dissociate inseparable aspects of reality”.

New Ways Ministries, which advocates changing the Catholic Church’s teachings on same-sex marriage, has a listing LGBTQ Friendly Catholic Colleges and Universities.

According to the New Ways website, an institution qualifies as LGBTQ-friendly by meeting certain criteria such as having an official student gender and sexuality organization on campus, offering LGBTQ-specific counseling, or having “ a certain public affirmation in place”. There are a total of over 140 Catholic universities on the list.

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Attorney General Todd Rokita continues to fight for Indiana law protecting girls’ sport | Policy https://cflweb.org/attorney-general-todd-rokita-continues-to-fight-for-indiana-law-protecting-girls-sport-policy/ Thu, 08 Sep 2022 21:35:18 +0000 https://cflweb.org/attorney-general-todd-rokita-continues-to-fight-for-indiana-law-protecting-girls-sport-policy/ INDIANAPOLIS — Attorney General Todd Rokita has appealed a district court’s preliminary injunction against the application of a new state law in the case of a 10-year-old trans woman wanting to play on a team women’s softball in the Indianapolis Public Schools District. Unauthorized signs in the Senate Chamber during public testimony on HB 1041 […]]]>

INDIANAPOLIS — Attorney General Todd Rokita has appealed a district court’s preliminary injunction against the application of a new state law in the case of a 10-year-old trans woman wanting to play on a team women’s softball in the Indianapolis Public Schools District.






Unauthorized signs in the Senate Chamber during public testimony on HB 1041 in the summer of 2022 have piled up in the Statehouse hallways.



The unidentified student’s mother challenged the law earlier this summer under Title IX and the Equal Protection Clause with help from the ACLU of Indiana.

Tabby Fitzgerald is a reporter at TheStatehouseFile.com, a news website powered by Franklin College journalism students.

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GOP Official Tells Tennessee Colleges to Say Title IX Doesn’t Protect LGBTQ+ People https://cflweb.org/gop-official-tells-tennessee-colleges-to-say-title-ix-doesnt-protect-lgbtq-people/ Sun, 04 Sep 2022 20:11:19 +0000 https://cflweb.org/gop-official-tells-tennessee-colleges-to-say-title-ix-doesnt-protect-lgbtq-people/ Tennessee universities are under pressure from a Republican state legislator who wants them to withdraw documents describing LGBTQ+ people as a protected group under federal law. In August, Rep. John Ragan, chairman of the state’s Government Operations Committee, sent letters to Tennessee schools, including the University of Tennessee and East Tennessee State University, demanding that […]]]>

Tennessee universities are under pressure from a Republican state legislator who wants them to withdraw documents describing LGBTQ+ people as a protected group under federal law.

In August, Rep. John Ragan, chairman of the state’s Government Operations Committee, sent letters to Tennessee schools, including the University of Tennessee and East Tennessee State University, demanding that they “immediately use » LGTBQ inclusive language to comply with state law.

“Universities are not free to ignore state law, regardless of their accreditation,” Ragan said. says WREG-TV. “These are not governmental entities, and as such universities must abide by state law beyond what these organizations tell them.”

He argued that schools must remove the language to comply with a July federal court decision prevent the federal Department of Education from enforcing proposed regulations that would treat gender and sexual identity as protected identities under Title IX, a 1972 federal law prohibiting sex discrimination in educational institutions that receive federal funding.

Mr. Ragan’s letter-writing effort drew mixed responses.

ETSU removed a statement from its website that read: “Individuals of all genders and sexual orientations and applies to students, faculty, staff… and other participants in programs and educational activities of the University”. News Channel 11 reported.

Kate Craig, an LGTBQ+ state senate candidate who attended ETSU, told WJHL that the pressure on universities is “incredibly sad, tragic and dangerous for ETSU students because the protections that ETSU has offered to students fall under Title IX”.

Meanwhile, the University of Tennessee said this week he deemed his diversity and inclusion policies to be fully compliant with applicable civil rights laws, writing in a response to Rep Ragan that “he has not altered his title-related posts, policies, or websites. IX in response to the June 23, 2021 letter from the U.S. Department of Education or the injunction issued July 15, 2022 by the federal district court.

Rep. Ragan has lobbied for various policies aimed at reducing LGTBQ representation in educational settings, including a controversial Tennessee law that prohibits K-12 educators from teaching certain ideas about race and gender. in class.

The law contains 14 “prohibited concepts” and comes with stiff financial penalties for violators.

“If you don’t like the law, you can file another bill to change it.” said Mr. Ragan told his colleagues earlier this year.

In July, in a lawsuit brought by 20 Republican attorneys general led by Tennessee, a Trump-appointed federal judge found that proposed federal regulations applying Title IX to LGTBQ+ people “directly interfere with and threaten the ability of the requesting states to continue to enforce their state laws.”

“As things stand, plaintiffs must choose between the threat of legal consequences — enforcement action, civil penalties, and withholding federal funding — or changing their state laws to ensure compliance with the guidelines and avoid such adverse actions”, judge Charles Atchley. wrote in his decision.

The GOP states argued in the suit that the new DOE rules would require them to violate their state’s laws prohibiting trans people from using bathrooms and playing on sports teams that match their gender identity.

Federal officials and recent court rulings say LGTBQ+ people are protected under federal law.

According to the Ministry of EducationTitle IX requires universities to operate “in a nondiscriminatory manner and without discrimination based on sex, including sexual orientation and gender identity” in key areas such as admissions, recruiting, athletics, l financial assistance, reporting and discipline of sexual harassment.

The department explained that the proposed regulations suspended in the recent court decision “reflect the department’s continued commitment to ensuring that federally funded education programs and activities are free from all forms of gender discrimination, including including discrimination based on gender stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity.

In 2020, the United States Supreme Court ruled in Bostock v Clayton County ruled that discrimination based on sexual orientation violated civil rights law, after a Georgia government employee was fired for participating after discovering he was playing in a gay recreational softball league.

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The Causes of Silent Abandonment and How Employers Can Respond https://cflweb.org/the-causes-of-silent-abandonment-and-how-employers-can-respond/ Sat, 03 Sep 2022 12:10:57 +0000 https://cflweb.org/the-causes-of-silent-abandonment-and-how-employers-can-respond/ QSmoking cessation is a viral phase used among young employees and spreading rapidly to all age groups. Quitting quietly is simply doing your job, as defined in your job description, and nothing more. Quiet quitters don’t actually quit, they just work the minimum number of hours each week and nothing more. Although the phrase is […]]]>

QSmoking cessation is a viral phase used among young employees and spreading rapidly to all age groups. Quitting quietly is simply doing your job, as defined in your job description, and nothing more. Quiet quitters don’t actually quit, they just work the minimum number of hours each week and nothing more.

Although the phrase is a bit negative and doesn’t really reflect the employee’s view, it took an immediate hold and spread through the press like wildfire. A few weeks ago, investor and “Shark Tank” star Kevin O’Leary made headlines when he proclaimed that he would only hire people willing to work “25 hours a day, eight days a week”. If someone turns off their laptop and leaves work at 5 p.m., O’Leary added, that person “isn’t working for me.”

Employers are to blame, not employees

Employers are solely to blame for the silent resignations, as they always controlled the “work” narrative when this country was founded and continue to do so today. This narrative is filled with anti-employee/pro-employer rules, laws and employment contracts (think forced arbitration, NDAs for sex offenders, non-compete agreements for 50% of all workers, to wage theft due to inappropriate wage classifications for employees who are truly non-exempt arbitration agreements that keep company secrets out of public view).

The most notorious of all the old tales is the at-will rule, which protects against so much discrimination in employment.

Everyone seems to be looking for the tipping point of a whole new work culture in this country, hence all the press about remote work, surveillance and now silent shutdown. Are we already there? Sure, but power brokers want to stifle any momentum – flag consultants, naysayers, pundits, SHRM, Chamber of Commerce, etc.

If employers can kill inertia, just like they’re trying to do with remote work, then they win. Are the employees too weak and decentralized to stop them? Maybe not.

Think of Hong Kong protesters using umbrellas, masks and anonymously organized flash mobs on social media platforms, only to be suppressed by the violence and control of the Chinese communist dictatorship.

But we are not China. We are a democracy where workers have rights. But employers, state and federal general assemblies, and the courts want to downplay them in favor of employers. Money talks because businesses have money and need more. But employees have information and communication power in the age of the Internet.

Silent surrender is the new silent protest

Silent Shutdown is different. Quiet quitters are not going to reveal themselves and will stay below the surface to work the required hours and achieve the performance review rating of “meets expectations”.

Meanwhile, employers continue, like a metronome, to demand that “numbers” (i.e. employees) do their jobs, remain silent, offer undivided loyalty to their masters (boss/executive management), rinse and repeat.

A radical solution

The solution is transparency in all things employment: outlawing the free will rule, outlawing non-competition agreements (the Federal Trade Commission is currently reviewing this issue), instituting “just cause” termination in every employment and not just management positions, to create softer and softer jobs. Human resources departments prohibit forced arbitration for all employment claims not just gender discrimination, provide free mental health services, offer cash rewards for anonymous employee counseling reporting discrimination of any kind, offer longer vacations, offer equal pay to women, and so on.

Implementing any or all of the above solutions will create immediate employee confidence and foster fully engaged employees, compared to the extremely high level of disengagement across all worker age brackets nationwide.

Mark P. Carey is a managing partner and employment lawyer at Carey & Associates PC in Southport. An earlier version of this article originally appeared on the law firm’s blog.

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New State Laws Restrict Non-Disclosure, Non-Disparagement Agreements https://cflweb.org/new-state-laws-restrict-non-disclosure-non-disparagement-agreements/ Wed, 31 Aug 2022 21:45:27 +0000 https://cflweb.org/new-state-laws-restrict-non-disclosure-non-disparagement-agreements/ It is common for employers to require employees to sign non-disclosure and non-disparagement clauses upon hiring, in termination agreements, and in legal settlements. But employers and human resource professionals must be careful that these clauses do not violate new state laws. Maine, Oregon and Washington are the latest states to restrict how employers can use […]]]>

It is common for employers to require employees to sign non-disclosure and non-disparagement clauses upon hiring, in termination agreements, and in legal settlements. But employers and human resource professionals must be careful that these clauses do not violate new state laws.

Maine, Oregon and Washington are the latest states to restrict how employers can use these types of contracts. Other states like California, Illinois, New Jersey, and New York also have similar laws. Many of these state laws were passed in the wake of the #MeToo movement to prevent companies from covering up sexual harassment and gender discrimination by executives and supervisors.

“Since the start of the #MeToo movement in 2017, several states have passed laws restricting the use of confidentiality and non-disparagement agreements in employment, and I expect this trend to continue, said said Jim Morrison, an attorney at BakerHostetler in Seattle.

“Before these types of laws came into effect, the worst-case scenario for a poorly constructed non-disclosure or non-disparagement provision was that it wouldn’t be enforceable,” he added. “Now, asking an employee to sign such an agreement can engage corporate liability.”

A nondisclosure agreement, also known as a workplace confidentiality agreement, is a legally binding contract in which one party agrees to give a second party confidential information about its business or products, and the second party agrees not to share this information with anyone else for a specified period. period of time. Non-disparagement agreements prohibit employees or former employees from saying anything negative about the company or its products, services, or leadership in any form of communication.

“That’s just the tip of the iceberg. There will be a lot more legislative developments at the federal and state level. What they’re trying to do is shed light on compromising situations,” he said. said Gregory Hare, attorney at Ogletree Deakins. in Atlanta.

“The idea is that large-scale scandals won’t proliferate as much if it’s sunny and things aren’t shrouded in secrecy,” he added.

State laws differ

State laws vary in their scope and permitted exceptions.

Washington’s Silenced No More Act, which Gov. Jay Inslee signed March 24, prohibits employers from requiring or asking workers to sign nondisclosure or nondisparagement agreements that restrict workers’ right to discuss unlawful discrimination, harassment, sexual assault, retaliation, wage and hour violations, or any other violation of public order.

Oregon Governor Kate Brown signed new legislation March 24 that amends Oregon’s Workplace Equity Act. The new provisions prohibit non-disclosure and non-disparagement agreements that prevent employees from speaking out about cases of unlawful discrimination or sexual assault.

“HR professionals need to factually determine whether the employee who is being asked to sign a termination agreement has ever complained of discrimination in the workplace,” Jackson Lewis attorney Mark Crabtree told Portland, Oregon. “If there have been previous complaints, employers cannot insist on including traditional terms [in their agreement]. This change impacts the process of structuring agreements by HR professionals and how these agreements are presented to employees.”

Under Maine law, employers cannot compel employees to remain silent about discrimination or harassment. Maine also prohibits nondisclosure agreements and nondisparagement agreements that:

  • Restrict the right of employees to report, testify, or provide evidence to any federal or state agency that enforces employment or discrimination laws.
  • Prevent employees from testifying or providing evidence in federal or state court.
  • Prohibit employees from reporting illegal behavior to a law enforcement agency.

Additionally, Maine law clarifies that its restrictions do not apply to nondisclosure agreements protecting the confidentiality of a company’s proprietary information and trade secrets.

Maine and Washington laws allow employees to request that certain information be included in a nondisclosure agreement. Oregon employees have seven days to revoke the agreement after signing it.

Penalties for non-compliance are different in each state.

“For remedies, Washington allows employees to sue civilly for the greater of actual or statutory damages of $10,000, plus reasonable attorneys’ fees and expenses,” Morrison said. “The new Oregon law will allow a civil action with a fine of up to $5,000 and the ability to recover compensatory and punitive damages. The prevailing party may also recover reasonable attorneys’ fees. The Maine does not provide for civil action, but employees can file a complaint with the Department of Labor and seek remedies through this process.”

Multi-State Employers

Multistate employers who previously used nationwide standard contracts can no longer do so.

“Don’t just use a national template agreement without considering local laws. In particular, be careful in settlement negotiations,” Morrison warned. “Before asking your attorney to seek a confidentiality or non-disparagement agreement in settlement negotiations, ask him to confirm whether there are any restrictions on such agreements in the local jurisdiction.”

In the future, state laws may impact which claims will be settled and which will not.

“One question that remains to be answered is what impact these new laws will have on employers’ willingness to settle employment claims, particularly before an employee files a complaint,” Morrison said. “Employers are deeply concerned about their reputation, and a key factor in deciding whether to settle cases before litigation has been the ability to keep grievances confidential. Employers may be more willing to litigate cases, especially those they consider groundless if they are unable to obtain terms of confidentiality or non-disparagement in order to protect their reputation.”

“It changes the calculation of the settlement,” Hare said. “Maybe fewer cases will get settled.”

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Nasdaq board quotas get their day in court https://cflweb.org/nasdaq-board-quotas-get-their-day-in-court/ Tue, 30 Aug 2022 14:05:38 +0000 https://cflweb.org/nasdaq-board-quotas-get-their-day-in-court/ Should publicly traded companies prove they have a woman, minority, or gay person on their board in order to list on Nasdaq? A federal court considered the issue and the government’s role in greenlighting such a warrant earlier this week. The Nasdaq thinks that to break up the old boys’ club, they can make diversity […]]]>

Should publicly traded companies prove they have a woman, minority, or gay person on their board in order to list on Nasdaq?

A federal court considered the issue and the government’s role in greenlighting such a warrant earlier this week.

The Nasdaq thinks that to break up the old boys’ club, they can make diversity quotas a condition of enrollment. However, resorting to discrimination to remedy perceived discrimination is not a good solution. Hopefully the court will agree.

What is happening

The US 5th Circuit Court of Appeals yesterday heard oral arguments in a case brought by two groups, the National Center for Public Policy Research and the Alliance for Fair Board Recruitment, challenging the board diversity quota rule. administration of the Nasdaq. The rule requires companies listed on its U.S. stock exchange to publicly disclose board-level diversity statistics and to have or explain why they don’t have at least two different directors.

By “diverse” they mean a woman and a person who is a racial minority or who identifies as gay, lesbian, bisexual, transgender or queer. Imagine how intrusive it is to follow the sex habits of the boards.

The plaintiffs argue that the Nasdaq plan violates the Constitution by encouraging discrimination and that the disclosure requirements are unconstitutional forced speech.

Margaret Little, a lawyer representing the National Centre, told the court, according to information from the washington time:

Board diversity rules mandate speaking out in violation of the First Amendment. He threatens to write off people who don’t speak.

In addition, the court will have to decide whether the Securities and Exchange Commission (SEC) exceeded its authority when it approved the Nasdaq board’s requirement last year. Unsurprisingly, the government believes it has clean hands.

Tracey Hardin, who represented the SEC, insisted that the government had no discriminatory and persuasive speech:

The Nasdaq is a private, for-profit industry. It’s just not the same as a government agency. This is a private initiative initiated by the Nasdaq.

The National Center still holds the government responsible for greenlighting the Nasdaq proposal. Justin Danhof, Esq., executive vice president of the National Center, previously explained their reasoning:

By allowing the Nasdaq board’s plan to go ahead, the SEC completely flouts the US Constitution. The people who run the Nasdaq may have no idea what is or isn’t constitutionally permitted, but SEC lawyers and regulators should know better. Businesses should be free to appoint directors who will help their business thrive. Mandating board appointments based on candidates’ skin color, gender, and sexual partners is not only unconstitutional, but also self-indulgent, racist, sexist, and downright offensive. Let’s hope the court issues a common-sense decision reversing this drastic scheme.

The battle lines have been drawn. On the one hand, Republican attorneys general from several states who filed a brief in favor of the groups. On the other side are institutional investors and a coalition of Nasdaq-listed companies that want the rule enforced.

A word about quotas

My colleague Charlotte Whelan wrote about the SEC’s approval of the Nasdaq board requirements and felt it was unnecessary given that companies are already welcoming more women to their boards. Also, it can lead to token actions and weaker boards as less qualified people are asked to fill quotas.

Disclosure rules are used as a tactic to shame companies into complying with quotas. Companies are forced to defend why they have too few women or people of color and push back against poor public relations for not appearing “diverse” enough.

But what is the end goal of the Nasdaq quota? The data is inconclusive about the causal relationship between gender diversity and board performance. Numerous studies have found both positive and negative impacts, but nothing to establish a causal link.

The real goal is probably to pursue gender parity as a social good. Checkboxes become virtue signals like other types of ESG initiatives.

Increasing the number of women, racial minorities, or LGBTQ directors does not equate to intellectual diversity, diversity of backgrounds, or viewpoints. Arguably, these forms of diversity may better shape boardroom decisions rather than gender and race. They bring together people who see the challenges from very different lived experiences.

Racial and gender diversity initiatives often call on the same women and people of color to join multiple boards. And, these people often have similar pedigrees, backgrounds, and experiences to those who recruit them. This is not true diversity.

Conclusion

Nasdaq diversity quotas are on the chopping block. If they are invalidated, it will send a powerful message that discrimination should not be tolerated, even if it is aimed at advancing social goals.

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Critics slam MPS transgender guidelines | https://cflweb.org/critics-slam-mps-transgender-guidelines/ Sun, 28 Aug 2022 07:00:00 +0000 https://cflweb.org/critics-slam-mps-transgender-guidelines/ MESA Public Schools released new guidelines to welcome transgender and gender-nonconforming students into schools on July 14, sparking critics who say the district’s diversity and inclusion initiatives go too far. Some critics spoke out at the August 23 MPS board meeting, where they made strong criticisms of some of the protocols, which allow students to […]]]>

MESA Public Schools released new guidelines to welcome transgender and gender-nonconforming students into schools on July 14, sparking critics who say the district’s diversity and inclusion initiatives go too far.

Some critics spoke out at the August 23 MPS board meeting, where they made strong criticisms of some of the protocols, which allow students to use the bathrooms and locker rooms of the sex to which they identify themselves.

Board candidate Ed Steele and other local activists campaigned against “woke ideology” in schools and released the guidelines online with harsh criticism.

The Arizona Republican Party’s Twitter account even weighed in, sharing a post from Steele that read, “Mesa Public Schools is committed to hiding students’ ‘gender’ status from parents if students request it.”

The school district says it is following federal guidelines and protecting students.

In a statement to the Tribune, MPS Director of Communications and Engagement, Joseph Valdez, said: “The guidelines are intended to help schools ensure a safe learning environment free from discrimination and harassment, and to meet the educational and social needs of transgender and gender non-conforming students. “,

Some of the key elements of the new MPS guidelines, which are posted on the district’s website at mpsaz.org/legal/tngns, include:

  • Schools will allow transgender or gender nonconforming students to use their chosen gender name and pronouns that reflect their identity, whether or not they have legally changed their name.
  • Schools must allow students to use facilities that match their gender identity, including toilets, changing rooms, showers, and single-sex classrooms.
  • Schools cannot require transgender students to use facilities that are incompatible with their gender identity or to use facilities for individual users when other students are not required to do so, but they can provide options for individual users to all students who voluntarily seek more privacy.

A student’s legal name recorded in the MPS Synergy Student Information System will be protected for confidentiality and separated from other parts of the student’s record.

With respect to sports participation, the district will comply with HB 1165, which was signed by Governor Doug Ducey in March and goes into effect Sept. 24. The law seeks to ban transgender women and girls from competing on sports teams or in “designated” sports. for “women“, “women” or “girls”.

Along with the guidelines, MPS has also created a standardized form titled “Support Plan for Transgender and Gender Nonconforming Students.

The form asks transgender or gender nonconforming students to nominate a “support facilitator” at school to discuss plans for using school facilities, describe their preferred names and pronouns, and describe how open they wanted to be about their identity on campus.

“Because the guidelines do not anticipate every situation that may arise, each student’s needs should be assessed on a case-by-case basis,” Valdez wrote. “The support plan is a tool provided to help meet the student’s needs.

Valdez said a draft guideline has been around for several years.

The reason for issuing the guidelines this summer, he said, was an official interpretation of Title IX of the 1972 Education Amendments issued by the Biden administration in June 2021.

According to Valdez, “The U.S. Department of Education/Office of Civil Rights issued an interpretation notice clarifying the agency’s interpretation of Title IX to include a prohibition on sex discrimination based on sexual orientation and gender. gender identity and explaining that they will enforce this ban.”

Since the release of the guidelines, the MPS’s standardized form collecting information on transgender students has been a particular lightning rod for critics.

Based on screenshots of the document shared online, this form has been updated by MPS at least twice since the guidelines were published, most recently on August 23.

The changes seem mostly related to communication between schools and parents about students’ gender identity status.

Early versions of the form ask students whether their parents are aware of their transitioning status, whether they approve of it, and whether or not the school has the student’s permission to share information about their gender identity with the parents.

The now deleted part of the form has partly spurred Steele’s complaints about schools that “hide” students’ gender identity.

The latest version of the form avoids questions about parents and guardians altogether, stating only: “Parents/guardians will be notified if student requests changes to Synergy,” the district’s student records system.

The MPS guidelines, separate from the student form, further state that the form “is a confidential record of the student…subject to inspection and review by the parent or guardian of the student” .

This implies that parents have the right to access information about the student’s declared gender identity, but schools will only contact parents about gender identity issues in limited circumstances.

That was a problem for Sharon Benson, who spoke during public comments at the August 23 board meeting.

The changes to the form mean that “the student is solely 100% responsible for this transgender issue on a school campus,” Benson told the board.

“This, of course, has the effect of putting children in an adversarial position with their parent, and it undermines parental authority.”

Benson also took issue with leaving the choice of accommodation “facilitator” up to the student.

“It would be unwise to allow any adult on campus to fill this role because most adults would not be aware of the issue and could not guide properly,” Benson said.

“Wisdom would only have qualified counselors willing to fully explore with students their feelings. Wisdom would not require that only gender-affirming care be provided.

Chris Hamlet, who is also a candidate for the board, asked members of the board during public comments why the guidelines were issued by the superintendent and the legal department, and not debated and voted on by the board.

“I’d like you to show me a parent of a girl who would be okay with her daughter in a locker room getting ready to take a shower with a boy in the room with his genitals in front of his face,” he said. he declares. “Just find me a parent who’s okay with that. I don’t care if it’s a dad or a mom, a parent who’s okay with their daughter being in that environment.

Open meeting laws prevented the board from responding to citizen comments or discussing transgender guidelines because the topic was not on the agenda.

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Fake tickets, scuffles at the door and tears of joy for female fans https://cflweb.org/fake-tickets-scuffles-at-the-door-and-tears-of-joy-for-female-fans/ Fri, 26 Aug 2022 10:45:38 +0000 https://cflweb.org/fake-tickets-scuffles-at-the-door-and-tears-of-joy-for-female-fans/ Under pressure from FIFA, the Iranian Football Federation yesterday partially relented on its decades-old policy of excluding Iranian women from football stadiums. A small number of female fans were allowed into the Azadi Stadium to watch the match between Esteghlal and Mes Kerman, which ended in a 1-0 victory for Esteghlal. On the eve of […]]]>

Under pressure from FIFA, the Iranian Football Federation yesterday partially relented on its decades-old policy of excluding Iranian women from football stadiums. A small number of female fans were allowed into the Azadi Stadium to watch the match between Esteghlal and Mes Kerman, which ended in a 1-0 victory for Esteghlal.

On the eve of the World Cup, Mirshad Majedi, the acting head of the Federation, was at an impasse. Something had to be done to appease FIFA on the issue of gender discrimination or Iran risked being suspended before the main event. He first asked Persepolis FC to make arrangements for women to attend Pro League matches, but the club were apparently “not ready” to do so. So he turned to Mostafa Ajorlou, the CEO of Esteghlal.

IranWire revealed earlier this week how Ajorlou, an IRGC commander, was tasked squarely with vetting and pre-approving female fans to attend Thursday’s match. This was to be done by linking their national ID numbers to the online ticketing system. In the end, about 2,000 women were there on the stands on Thursday, of course amply captured by the cameras of state television.

But there was, inevitably, more than that. In this report, we’ll review what’s known so far about the events of the past week and a half, from when tickets went on sale to the final whistle.

If at first you don’t succeed

Last week, Esteghlal CEO Mostafa Ajorlou generously offered Majedi that 500 women be pre-approved to attend Azadi Stadium. Their ID codes, he said, could be registered on the ticket sales website, allowing them to buy a ticket where other women would be blocked.

IranWire published an exclusive report on this case in Persian on Sunday August 21 (and in English translation on Monday). Then on August 23, the Ministry of Sports rejected Ajorlou’s proposal out of hand. Instead, it was decided to open the ticketing system for a very limited window this week: enough time for some women, but not many, to have access.

On the afternoon of Wednesday August 24, the women’s section of the website was activated for only 15 minutes. Female Esteghlal fans in particular, who had been told for days that they might have a chance at a spot, had waited for this moment and refreshed the page for hours.

Ultimately, in those 15 minutes, the website’s own records indicate that 1,000 women managed to purchase a ticket. The same day, 2,000 were however present on the bleachers. This indicates that although Ajorlou’s initial plan failed, approximately 1,000 women were screened or pre-approved for entry, and/or did not purchase a ticket in the usual manner.

A black market at the gates

At 4 p.m. on Thursday, the gates to parking lot number 21 at the Azadi Stadium opened for women who had managed to obtain tickets. Among those waiting at the gates, the makeup was decidedly mixed. Those lucky enough to have secured a ticket online were present alongside others who had received one through Esteghlal FC, and a third group who said they had bought tickets from the books earlier in the day for 200,000 to 350,000 tomans. [$8-$12] right there at the gates.

Arrival of pre-approved women

A lady on the east side of the stadium, eyewitnesses told IranWire, kept repeating the same phrases over a loudspeaker. Welcoming the women, she asked them to enter the stadium with tickets in hand, and if they did not have tickets, not to stop outside the gates. She also repeatedly called on women to “observe the Islamic hijab”.

By 6:30 p.m., almost everyone who had purchased tickets had entered the stands. About 30 people who hadn’t made it ended up sitting outside the door, still hoping to find a way in somehow. They then saw the inevitable Melli team bus, Iran’s national football team, approach parking lot number 21.

Inside the bus were the national youth team players, dressed in their red jerseys, and the team’s technical staff. Another bus stopped behind them. The gates opened and a large group of women disembarked, walked through the parking lot and walked straight into the stadium without showing a ticket.

These women would have been people selected from within the Esteghlal fan association or close to Esteghlal’s management. Elsewhere before kick-off, another woman attempted to enter the stadium and was blocked; Parviz Boroumand, former Esteghlal goalkeeper and now official at Azadi Stadium, personally intervened to let her in. Those who did not have these links remained outside.

The final commotion

The game was to start at 7 p.m. Police addressed the women still crowding outside through loudspeakers: “Ladies! Under no circumstances are you allowed to enter without a ticket. Respect your hijab and disperse behind the door” . This too repeated itself several times.

Policewomen approached the women left outside and tried to guide them with their hands. One resisted, saying officers weren’t allowed to touch them. Telling the others to stay put, she pointed out aloud that if they left as instructed, they wouldn’t have a chance to watch the game.

A policeman then got angry and shouted at him: “Get away from the front door! Hang on those trees if you want, but don’t stay here! You are not allowed to enter.”

As the argument escalated, an officer pointed to the ticket sellers who were still hanging around the gates. “They sell tickets there,” she said. “Go buy a ticket so you can get in.”

There was consternation in the group. A young woman with a blue Esteghlal flag wrapped around her demanded to know, “Are you trying to get us out of here with that trick?”

Then, however, a man approached them from behind. “I have a few tickets,” he announced. “Anyone want some?” The award was given at 350,000 and repeated several times, in front of the officers. A Dezful woman complained that she had bought one from her earlier for 250,000; at the door, she said, she was told it was “not valid.”

This time victory

It was 8 p.m. After much discussion among officials, the handful of women without tickets – or who had been sold fake tickets – were belatedly allowed into the stadium to watch the match. They were lined up and their national identity cards and personal belongings were checked on entry.

After walking through the tunnel, a woman in the group of around 30 grabbed the railings and stared at the pitch with tears streaming down her face. Another, a young Esteghlal fan with blue lipstick, quavered, “I can’t believe my dream has come true.”

The game ended 90 minutes later with Esteghlal winning. After the final whistle, the players made their way to the women’s stands and greeted their supporters. The entire stadium was on their feet, applauding a glorious moment – ​​a moment that should never have taken 40 years, or that much heartache, to accomplish.

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Lincoln police officer’s discrimination lawsuit dismissed https://cflweb.org/lincoln-police-officers-discrimination-lawsuit-dismissed/ Tue, 23 Aug 2022 18:23:00 +0000 https://cflweb.org/lincoln-police-officers-discrimination-lawsuit-dismissed/ A Lancaster County District Court judge has granted a motion by the City of Lincoln to dismiss a discrimination lawsuit filed by a former Lincoln police officer. According to court records, the judge granted Monday’s request for the lawsuit, which was filed in January by Erin Spilker. Spilker alleged sexual harassment and discrimination by the […]]]>

A Lancaster County District Court judge has granted a motion by the City of Lincoln to dismiss a discrimination lawsuit filed by a former Lincoln police officer. According to court records, the judge granted Monday’s request for the lawsuit, which was filed in January by Erin Spilker. Spilker alleged sexual harassment and discrimination by the department in her lawsuit. McManaman also ruled that Spilker’s claims based on the placement of Brady’s letter, which Spilker said had been placed in her file saying she had lied in a meeting with her supervisors, were not ” litigants”. According to court records, Spilker has 30 days to appeal. More Headlines

A Lancaster County District Court judge has granted a motion by the City of Lincoln to dismiss a discrimination lawsuit filed by a former Lincoln police officer.

According to court records, the judge on Monday granted the request to prosecute, which was filed in January by Erin Spilker.

Spilker alleged sexual harassment and discrimination by the department in his lawsuit.

Judge Kevin McManaman ruled that Spilker failed to make a plausible claim for relief for harassment in a hostile work environment based on gender and retaliation, as well as gender discrimination, retaliation, and constructive discharge.

McManaman also ruled that Spilker’s claims based on the placement of Brady’s letter, which Spilker said had been placed in her file saying she had lied in a meeting with her supervisors, were not ” admissible”.

According to court records, Spilker has 30 days to appeal.

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