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NLLG Attorney Helps Win Landmark Appellate Decision on Employment Rights

Ruling protects the rights of transgender employees against discrimination in the workplace

OKLAHOMA CITY, Sept. 22, 2021 /PRNewswire/ — A federal court of appeals recently directed that a professor who was denied tenure and lost her job at a state university in Oklahoma due to her transgender status must be reinstated, with tenure, at the university. Brittany M. Novotny, an attorney at National Litigation Law Group (NLLG) in Oklahoma City, played a key role in the successful trial and appeal.

National Litigation Law Group - NLLG offers experienced and committed representation to consumers across the U.S. who need to defend legal actions brought against them by credit card and financial services companies. With in-house attorneys licensed in more than thirty-five states, and our network of legal affiliates, we are equipped to protect consumer rights in any jurisdiction. NLLG is committed to providing other innovative legal services to individuals and businesses. https://www.nationlit. (PRNewsfoto/National Litigation Law Group)

Novotny was a member of the trial team that helped win a jury verdict in 2017 for the professor, Dr. Rachel Tudor, and she also was instrumental in drafting the briefs to the Court of Appeals, along with attorneys Ezra Young from New York, and Marie Galindo from Texas. At the 2017 trial, a federal court jury in Oklahoma City found that Southeastern Oklahoma State University had discriminated against Dr. Tudor on the basis of her transgender status when they denied her tenure, which then resulted in Dr. Tudor losing her job at the University. Although the jury had found in Dr. Tudor’s favor and had awarded money damages, the trial judge denied her request to be reinstated with tenure at the University. The damages award was appealed by the University, and Dr. Tudor appealed the trial judge’s refusal to reinstate her with tenure.

The appellate decision in Dr. Tudor’s case was delayed while the U.S. Supreme Court considered a separate case, Bostock v. Clayton County , and whether discrimination against a transgender employee constituted discrimination on the basis of sex, which is prohibited under Title VII of the Civil Rights Act. Last year the Supreme Court ruled in favor of the transgender employee on that question, setting the stage for a decision on Dr. Tudor’s appeal. On September 13, 2021, the U.S. Court of Appeals for the Tenth Circuit found in favor of Dr. Tudor, and further directed the trial judge to reinstate Dr. Tudor to her former position, with tenure, as Dr. Tudor had requested.

“It was a true team effort to help Dr. Tudor find justice in our federal court system,” Novotny stated. “I am honored to have played a role in affirming the rights of transgender Americans to have employment decisions made free from discrimination. Dr. Tudor won a tremendous victory at trial, but it was not complete with her being denied reinstatement. Even after the Supreme Court’s later decision in Bostock, Dr. Tudor’s reinstatement was not assured, so I was thrilled with the Court of Appeals’ unanimous decision in her favor.”

In ruling for Dr. Tudor, the Court of Appeals stated emphatically that, “it is established—and we cannot now question—that Dr. Tudor would have been granted tenure in 2009-10 absent the discrimination.”  In directing that Dr. Tudor should be reinstated with tenure, the Court of Appeals said they were “restoring Dr. Tudor to the position she would have been in had Southeastern not engaged in prohibited discrimination against her.”

National Litigation Law Group, the firm that employs Novotny, was founded in 2014, and has focused on representing consumer debtors against credit card companies and other unsecured creditors.  NLLG also represents clients in other types of litigation matters.  For more information about the recent appeal decision in favor of Dr. Tudor, you can contact Brittany Novotny at bnovotny@nationlit.com, or Mark Grossman, the chief executive officer of NLLG, at mgrossman@nationlit.com.

SOURCE National Litigation Law Group

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nationlit.com

“Stack The Deck Against Hate” Campaign Recycles Anti-Trans Bills Into Sports Trading Cards To Celebrate, Advocate On Behalf Of Trans Athletes

Lambda Legal and Campbell Ewald Join Coalition of Allies to Launch New Campaign to Fight Wave of Trans Sports Ban Legislation Introduced in More Than Half of States

NEW YORK, July 13, 2021 /PRNewswire/ — Just weeks ahead of the global summer games, Lambda Legal, Campbell Ewald, and other national partners are launching a new campaign to celebrate transgender athletes and fight the wave of discriminatory bills sweeping state legislatures seeking to ban trans athletes from participating in sports. The Stack the Deck Against Hate campaign is shredding stacks of hateful anti-trans legislation and recycling them into sports trading cards that celebrate and honor trans athletes across the country. This action sends a powerful message to trans athletes: You are seen and valued, and you will never be legislated out of existence.

“Stack the Deck Against Hate comes at a crucial moment as transgender and non-binary athletes and students across the country are being attacked by legislators seeking to further degrade and ultimately erase them,” said Lambda Legal CEO Kevin Jennings. “This campaign will send a strong and important message to trans athletes across the country: You are valued and will never be legislated out of existence.”

Stack the Deck Against Hate will feature four renowned transgender athletes as part of the campaign’s launch, which will include raffling off a limited number of trading card decks to those who donate at StackTheDeckAgainstHate.org. The proceeds will be directed to Lambda Legal to support its vital work: educating the public about the harmful and real-life consequences that discriminatory anti-trans sports bans have on trans youth and also fighting anti-trans legislation via its hallmark litigation and advocacy campaign strategies.

“Transgender youth play sports for the same reason as their cisgender friends: for the invaluable lessons on teamwork, discipline and leadership, and the incredible mental, physical and social benefits that sports bring,” said Hudson Taylor, Executive Director, Athlete Ally. “The Stack the Deck campaign supports access to the lifesaving power of sports, and every young person deserves a chance to thrive.”

The cards – which can be seen in a video here – feature personal stories of trans athletes as well as information about how to donate and activate change through resources provided by Lambda Legal. The athletes listed below are among those featured in the campaign’s launch:

  • Mack Karam Beggs is the two-time state wrestling champion and featured in Hulu’s “Changing The Game” documentary, as well as “Mack Wrestles” on ESPN’s 30 for 30 short films.
  • Fallon Fox is the first openly trans professional mixed martial artist.
  • Patricio “Pat” Manuel is the first male transgender boxer in the history of the United States and five-time national amateur boxing champion and 2012 Olympic trial participant.
  • Grace Siobahn McKenzie plays for the Golden Gate Women’s Rugby Football Club in San Francisco and is also their rookie and recruitment coordinator.

Stack the Deck Against Hate Campaign Emerges in Response to Anti-Trans Discrimination

With hundreds of discriminatory anti-LGBTQ bills introduced in state legislatures across the country, 2021 has become the worst year on record for anti-LGBTQ legislative attacks — and for transgender and non-binary people. The crisis has become unprecedented. In addition to enacting trans medical care bans and shameful bathroom bills like North Carolina’s notorious HB2, extremist legislators have also seized on attacking transgender and non-binary athletes and students via bills barring trans women and trans students from playing sports.

As of June 2021, an unprecedented seven states (Alabama, Arkansas, Florida, Mississippi, Montana, Tennessee, and West Virginia) have enacted these bans. Additionally, South Dakota has adopted the policy through executive order. In May, Lambda Legal — in conjunction with the ACLU and ACLU of West Virginia — filed a federal lawsuit on behalf of 11-year-old student athlete Becky Pepper-Jackson challenging West Virginia’s law, which bans girls like Becky who are transgender from participating in school sports.

The consequences of the sports bans for trans youth are devastating, which is why the nation’s leading child health and welfare groups (representing more than seven million youth-serving professionals and more than 1,000 child welfare organizations) released an open letter calling on lawmakers in states across the country to oppose these bills.

Set against this backdrop of trans students being shamelessly attacked by discriminatory, extremist legislators seeking to ban them from playing sports, and just weeks before the kickoff of the global athletic games, Lambda Legal and Campbell Ewald have partnered together. We are launching this new campaign to celebrate trans athletes by turning relics of hate into symbols of pride.

National Advocates, Industry Leaders United Behind ‘Stack the Deck Against Hate

An amazing team of talented individuals and companies have stepped forward to support this campaign, including APM Music, nonprofit LGBTQ athletic advocacy group Athlete Ally, creative agency Campbell Ewald, graphic designer Kayla Firth, Dominic Perri, holding company Interpublic Group, Max Bronner Photography, Milk Makeup, paper sponsor Millcraft, sports and entertainment agency Octagon, media agency Rapport, artist and designer Renato Dicent, print house Tepel Brothers, and gender neutral bodywear company TomboyX.

For more information about the Stack the Deck Against Hate campaign, please visit the website at StackTheDeckAgainstHate.org.

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV through impact litigation, education and public policy work.

Quotes from the athletes included in the trading cards.

“Be a true you and become brave in all aspects of your life.” — Mack Karam Beggs (He/Him) 

“My goal is always to be the best I can possibly be with the amount of time I am given.” — Fallon Fox (She/Her)

“I hope that my story will serve as inspiration to the next generation [so] that they don’t have to sacrifice who they are as a person in order to participate in the sport they love.” — Patricio “Pat” Manuel (He/Him)

“Don’t ever let someone tell you that you don’t belong. Fight for your right to take up space.” — Grace Siobhan McKenzie (She/Her/They/Them)

SOURCE Lambda Legal Defense & Education Fund, Inc.

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CONTACT: Sherise Bright, sbright@lambdalegal.org

Related Links

http://www.lambdalegal.org

LGBTQ Employees Still Face Legal Discrimination - OutBuro Employer Reviews Rating Gay Professional Network Lesbian Business Networking GLBT Company Queer Bisexual Transgender

LGBTQ Employees Still Face Legal Discrimination

Lesbian, gay, bisexual, transgender and queer (LGBTQ) people less likely to be hired, paid less, and not promoted. Political leaders change, and with that change, the federal, state and local government profess can be great or take steps backward. So it’s up to the corporate world to provide the protections and advances for their employees. When companies focus on Diversity and Inclusion it benefits the company, the shareholders and the employees.

American everyday people attitudes have changed considerably in the last decade. The more comfortable LGBT people are coming out and being visible within the family, in their neighborhoods/communities and at work, the more others see them and get to know them. This removes the fear of “other” and “not like me”. I’ve had a saying for several years that is, “visibility leads to awareness and awareness leads to equality. In 2017, 63% of Americans said gays, lesbians, bisexuals, transgenders, and queers should be accepted by society according to a Pew Research Center survey. In 2006 only a razor-thin 51% of Americans stated they agreed with that statement. This change in attitudes by every day Americans may be the reason for the changes in corporate diversity and inclusion work culture. As of now, right about 89% of Fortune 500 companies have implemented company LGBTQ friendly and supportive policies prohibiting discrimination based on sexual orientation studies conducted by the Human Rights Campaign. However, even with these changing beliefs and attitudes, the local, state, federal laws have not yet caught up with the changing tide.

There is currently no nation-wide law to protect gender and sexual minorities from employment discrimination in the private sector or under most states employment laws. In the majority of the US states, being fired due to sexual orientation or gender orientation is a huge risk and reality. In Arkansas, the state government went as far as passing a law to prevent local governments from passing separate laws to prohibit employment discrimination based on sexual orientation and gender orientation.

Twenty-eight states have laws prohibiting employment discrimination based on sexual orientation for public employees according to Lambda Legal. Some argue that providing protections for LGBTQ people in at work violates the religious freedom of the business owner or other employees. Some companies/organizations prohibit discrimination against LGBTQ workers if they work for the state but have no law extending to private sector employers.

In a past article titled “LGBT Workers in over half of the United States lack full protection”, we compared the legal protection each state offers against discrimination based on sexual orientation and gender orientation. Check out this article for a graphic of the United States coverage of LGBT state-level protections.

What Can Companies Do to Improve Work Culture for LGBT Employees?

Check out the articles below:

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