1. What do a
bull terrier, the
price of tea in China,
and Ellen DeGeneres
have in common?Joshua Z. White
Employment Discrimination
Spring 2015
2.
3. Introduction
Experience
Store Management Experience
Target
Crocs
The Home Depot
Lowe’s
Applebee’s
Marriott
Professional Experience
Kennesaw State University
Abu Dhabi Education Council
Whitfield County Schools
B.S. in Multidisciplinary Studies
Tennessee Technological University
A.S. in Elementary Education
Motlow College
Lesbian/Gay/Bisexual
Employment Discrimination
4. Welcome to Target Canada
Starting Notes
It is a Federal Offense to
Impersonate a Target Canada
Management Official, violators
will be forced to wear red and
khaki to Target
Assume that the laws of the State
of Georgia Apply
Assume that Target Canada is in
the jurisdiction of the Northern
District Of Georgia, Atlanta
Division
Assume all relevant federal laws
apply under the jurisdiction of
the United States of America
5. Welcome to Target Canada
Store Team Leader Introduction
Josh White – Target Canada Chief Executive & Chairman
Target Canada Mississauga, Ontario
7. Our mission is to make
Target the preferred
shopping destination for our
guests by delivering
outstanding value,
continuous value,
continuous innovation, and
an exceptional experience
by consistently fulfilling our
Expect More. Pay Less.
Brand Promise.
8. Target Store Hierarchy
Store Team
Leader
Executive
Team Leader
Team Leader
Team
Member
Team
Member
Team Leader
Team
Member
Team
Member
Executive
Team Leader
Team Leader
Team
Member
Team
Member
Team Leader
Team
Member
Team
Member
9. Job Requirements
• Ability to manage 100-500 team
members
• Increase Return on Investment for Target
Corporation on our investment in you and
the communities we serve.
• Make the store Fun, Fast, and Friendly!
• 4 Year Minimum College Degree Required
• Ability to motivate and lead your team
• Average starting salary $112,000
• All Around Insurance Coverage
• Profit Sharing and Stock Options
• 10% Team Member Discount
• 401K
10. Corporate Statistics
• At the end of fiscal year 2012, Target Corporation employed
361,000 Full Time & Part Time Positions in the United States,
Canada, and India with 1778 Stores Open and Operating
• Average Store Size 80,000 Square Feet – 175,000 Square Feet
• Target’s sales per square foot exceed on average $300
• Annual Sales in Excess of $75 Billion with a 10% Per Year Growth
• Small stores (Think Macon) average sales exceed $40 Million
Per Year
11. How does this apply to me as a lawyer?
In House Counsel
General Counsel
Employer Defense
Employee Defense
Title 7 Issues
Georgia Fair Employment Practices Act
Marriage Equality Actions & Applicability
Your own firm & employment practices
12. Typical Corporate Procedures
Sensitivity Training
Political Correctness
Corporate Procedures
Coaching
Warning
Documentation
Corporate Involvement
Termination of Employment
14. Employment At Will
• Georgia is a right to work state
• Most employees in Georgia unless they have a
contract are “at will”
• Georgia thus permits termination for any reason
– good or bad, no reason at all, or because
somebody is in a bad mood
• Protections exist for at will employees for
“wrongful termination” including back pay,
promotion, reinstatement, compensatory
damages, reasonable accommodations,
injunctive relief, punitive damages, and
attorneys fees
16. Doesn’t Title 7 Protect LGB Persons?
Sex
Religion
National Origin
Race
Colour
Sexual Harassment
Pregnancy – Pregnancy Discrimination Act of 1978
Age – Age Discrimination in Employment Act
Disability – Americans With Disabilities Act 1990
Transgender Status – 2012 (Sex Stereotyping)
Gender Identity – 2012 (Sex Stereotyping)
17. Ironically What Does Title 7
Not Cover?
Only federal employees are
protected from work place
discrimination based on sexual
orientation.
Subversive Activities Control Act of
1950 [50 U.S.C. 781 et seq.]
24. Demographics in Georgia
City of
Atlanta
39,805
Identifying
Population
263,870
2000 Same
Sex Couples
19,288
2010 Same
Sex Couples
21,318
Population of Georgia
9,919,945
26. LGBT Wage Gaps
0 10,000 20,000 30,000 40,000 50,000 60,000
Georgia
National
Straight Woman
Lesbian
Straight Male
Gay Male
27. Georgia Protections
0 50 100 150 200 250
Municiplaities (194)
Protection from Sexual Orientation
Discrimination (35)
Protection from discrimination on the
basis of gender identity (12)
Protection in Private Employment (1)
30. Segregation of Team Members
Black Male Team Members Only
Women and Religious
Minorities
WhiteMaleTeamMembersOnly
Older
Team
Members
Younger, high school team members – easy to
replace
Mid – 20’s White Team Members
Black
Women
LGBT
Team
Members
Only
32. Holistic Scoring of Candidates
Rating Rating standard
1 Low
Candidate’s response contained very few of the target behaviors. Either the behaviors
he/she discussed were not at, or even close to, the level indicated in the target
behaviors, or the person did not give you enough information for you to have
confidence that he/she has that competency at the level needed for success.
2 Low-Moderate
3 Moderate
Candidate’s response covered some of the target behaviors, but not quite at the level
that would be ideal for that competency. Still, the quality of the person’s answers leads
you to believe that he/she would be successful with some additional exposure and/or
training.
4 High-Moderate
5 High
Candidate’s response contained many, if not all, of the target behaviors. His/her
responses indicate well-developed skills and aptitude for that competency, which
would most likely lead to job success. The person’s responses are of superior quality for
this job.
33. Holistic Criteria Scoring
CRITERIA WEIGHTING CANDIDATE ASSESSMENT
5 = Vital 5 = Exceeds
4 = Very Important 4 = Meets
3 = Important 3 = Meets with exception
2 = An Asset 2 = Potential to meet
1 = Somewhat Beneficial 1 = Not met
1 2 3 4 5
Low Low-Moderate Moderate High-Moderate High
34. Promotion to Customer
Standard Human Resource Protocol
1. Documentation
2. Consistent Policy & Procedure
3. Agency Law
4. Corporate Policy & Standards
5. Voluntary & Involuntary Separation
6. Probationary Work Periods &
Contracts
7. Holistic Approaches to hiring &
legitimate reasons for terminations
35. Transgender Team Member
INSURANCE COVERAGE ISSUES
Hormone Treatments
SEX CHANGE IS A COSMETIC
SURGERGY
Male to Female Reassignment
Breasts & Genitals
$8,000-$24,000
Female to Male
Construction of Penis, Removal of
Breasts, and facial reconstructions
More than $50,000 - $100,000 +
REASONS FOR CONERNS?
Guest Perceptions
Negative
Positive
Region of Store/DC/Office
37. Proper CreditCanadian Broadcasting Corporation
Human Rights Campaign
American Civil Liberties Union
Stonewall Bar of Georgia
Lambda Legal
Target Corporation
Target SEC Filings
Toronto’s The Globe and Mail
Huffington Post Canada
United States Census Data
Bridegroom: Documentary Film
Getting Go: The Go Doc Project
Special Thanks to:
Shontay Porter
Shannon Martindale
Blair Fulford
Molli Moran
All intellectual property rights belong to their respectful owners, including Target Corporation and Target Canada Corporation and have been used under
the Fair Use Provision for educational purposes. All rights reserved by their individual owners.
Editor's Notes
Photo Credit to: Montana Men In Love http://www.out.com/art-books/2015/3/10/montana-men-love
The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.].
Target Guelph, Ontario
(First Canadian Target to Open)
The Target Mission Statement
As we begin to look at the LGBT implications of hiring how would this fit in with the goals of the company?
Preferred
Value
Continuous
Innovation
Experience
GRID/HIV/AIDS
Negative Stereotypes
Umbrella
Community
No strict constitutional Protections
5th Amendment – Life, Liberty, Property, Right to Due Process
14th Amendment – Equal Protection, Again, Right to Due Process
EFFECT ON STATE LAWS
SEC. 2000e-7. [Section 708]
Nothing in this subchapter shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this subchapter.
(f) Members of Communist Party or Communist-action or Communist-front organizations
As used in this subchapter, the phrase “unlawful employment practice” shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950 [50 U.S.C. 781 et seq.].
Dark Red – States issue marriage licenses to same-sex couples
Red – States in which same sex couples legally married prior to a court stay
Pink – States that provided comprehensive civil unions or domestic partnership prior to issuing marriage licenses to same sex counsel
Light Red – States that provided limited statewide spousal rights prior to issuing marriage licenses to same sex couples
Dark Purple States Prohibit Discrimination based on Sexual Orientation and Gender Identity
Purple states prohibit discrimination based on sexual orientation only
Violet (Light Purple States) Prohibit Discrimination Against Public Employees based on sexual orientation and gender identity
Grey States prohibit discrimination against employees based on Sexual Orientation Only.
One of the strictest LGBT Discrimination Enforcement Practices in the Nation
Target Corporation is one of the largest employers in the state
Target Corporation is estimated to take up in excess of 10% downtown Minneapolis real estate
Target is #2 in public corporate employment in Minnesota, behind United Health Care
A Williams Institute Survey of Gay Pornographic Websites indicate that at least 6% of Men in all 50 states have logged onto a Gay Male Pornographic Website This number does not account for individuals who do not identify as LGBT, have not come out, or individuals who are on other levels of the LGBT Spectrum
Entitre population of New Jersey
1.8% Bisexual
1.7% LG
19 Million Americans 8.2% have had a same sex experience
25.6 Million American 11% Acknowledge Some Same Sex Attraction
----- Meeting Notes (3/16/15 12:42) -----
3.5% of the total American Population LGB
0.3% of the total American Population T
Entitre population of New Jersey
1.8% Bisexual
1.7% LG
19 Million Americans 8.2% have had a same sex experience
25.6 Million American 11% Acknowledge Some Same Sex Attraction
The survey results indicated that an almost equal number of people identify as bisexual as do gay or lesbian
2010 Census Data
An estimated 3.5% of Georgia's Workforce
170,000 Workers
7,500 work for the state government and 151,900 in private
No Statewide Protections
