The National Law Journal Quotes Mark Konkel on Wal-Mart’s Top LGBT Employer Ranking – Despite Pending Transgender Discrimination Claims

Partner Mark Konkel was quoted in The National Law Journal article ​“Wal-Mart’s Top LGBT Ranking Came With an Asterisk – And What That Means” discussing Wal-Mart’s boasting of receiving a perfect score for the second year in a row on the Human Rights Campaign Corporate Equality Index. That said, their designation now bears an asterisk by their name and their rating has been suspended in the light of recent transgender discrimination claims. This disconnect highlights a clash among corporations on whether and to what extent transgender and gay employees are entitled to full workplace protections under federal civil rights laws.

“Obviously, there is a social drift toward greater acceptance for LGBTQ individuals, but there is still a confusion at the level of federal law,” said Mark. ​“Typically EEO policies take shape from legal requirements, but businesses are digging in on protections for LGBT. Social pressure or social sentiment has pushed this forward rather than the law itself. Corporate social responsibility has a definite commercial value.”

The Human Rights Campaign’s Corporate Equality Index is a national benchmarking tool on corporate policies and practices pertinent to lesbian, gay, bisexual, transgender and queer rights. In the 2018 report, more than 600 major businesses earned a 100% rating.

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