As you know, the LGBT community is winning the battle for equality. We’ve come so far, yet have so much further to go. But through our successes, we have become stronger, and it’s no longer enough for corporations to say they stand for equality, donate money to gay pride parades, and then expect to be unquestionably declared LGBT allies. Rainbow logos and nice- sounding policies aren’t enough anymore. We have a right, and duty, to demand companies that call themselves allies actually stand up for equality when its tested in their office

AT&T Corp. has a major contract with the City of San Antonio it is trying to protect.

Matthew Hileman, a transgendered man in San Antonio, Texas, who has filed a complaint against AT&T Corp. for violation of San Antonio’s non-discrimination ordinance, which was enacted on September 5th, 2013 (the “NDO”). I’m writing to request the Human Rights Campaign consider lowering AT&T’s score on the Corporate Equality Index (“CEI”).

Mr. Hileman worked for Resource Global Professionals, which provided workers to AT&T. Mr. Hileman at all times worked on AT&T projects, at the AT&T offices in San Antonio.

Mr. Hileman first found anti-gay literature on a community printer at AT&T, providing talking points for opponents of the NDO. When he complained he was told by AT&T that the documents were personal in nature and no action would be taken. Thereafter, while sitting at his workstation at AT&T, Mr. Hileman recorded a homo/transphobic conversation by two AT&T employees in the wake of San Antonio’s debate about passing the NDO. Their conversations are more than just phobias – they discuss vulgarities and threaten violence against LGBT persons. After Mr. Hileman complained, he believes his identification and transgendered status was revealed to the offenders. Several days later Mr. Hileman found a “No Fags” sign on his chair, and felt unsafe continuing to work on the AT&T campus.

 Audio Recording of AT&T Employees

Unbelievably, the employees who engaged in the conversation are still employed at AT&T to this day, and AT&T cites their conversation as merely an expression of personal views. Can you imagine anything more insulting to the LGBT community than a company, which claims to be an ally, protecting two obviously homo/transphobic employees?

The events giving rise to the complaint occurred a year ago, and the NDO complaint has been pending before the city since early January with no final decision. AT&T issued a response to the NDO complaint on Sept 19th, 2014 which is discussed, below.

Most recently, after reporters requested copies of the complaint and recordings from the city attorney’s office, AT&T penned a seven-page letter to the attorney general, arguing against the release of the recordings or any matter related to the complaint. Shockingly, AT&T blamed Mr. Hileman, and defended its employees’ conversation by stating:

AT&T's Full Response to the NDO 

“AT&T’s Code of Business Conduct prohibits employees and contractors from recording conversations without proper consent on company premises… AT&T also maintains a confidentiality policy in which employees agree that communications made in the workplace shall be kept confidential and shall not be distributed to third parties outside of the workplace… Under AT&T’s policies, the employees [who made the homo/trans phobic statements] had a reasonable expectation of privacy that their conversations on Company premises would remain private.”

 We hope you’ll agree this is a shocking stance for AT&T to take: someone, without any extraordinary effort, records only what he hears at his workstation, that is, two employees making terrible and threatening comments about LGBT people, and AT&T relies on a so-called “Code of Business Conduct” and “confidentiality policy,” to shield the offending employees from any repercussions – employees who remain on AT&T payroll today.

AT&T goes on to suggest that, because the conversation occurred on September 4, 2013 (one day before the NDO became effective), Mr. Hileman’s complaint is not actionable – frankly, a sad indication that, when push comes to shove, AT&T is willing to defend clear discriminatory conduct by its employees by reminding the LGBT community it is not a protected class under the law.

In its response to the City, AT&T continues to blame Mr. Hileman, and thumb its nose at the NDO. Just a few excepts from AT&T’s response include

“After finding the [no “fag”] note, Mr. Hileman walked out and abandoned his work assignment at AT&T.” (blaming the victim of harassment)

“Both AT&T employees [who were recorded by Mr. Hileman] denied making any offensive or threatening comments.” (despite being recorded doing so)

 “Mr. Hileman has provided no evidence… that any AT&T employee placed the [no “fags”] sign at his workstation.” (the location at which Mr.Hileman worked was not a retail location and was limited only to AT&T employees and contractors)

 “Having such information [related to the NDO complaint] potentially disclosed to the public… could prejudice AT&T and the employees whose privacy Mr.Hileman has compromised.” (blaming the victim for providing the recording to the City and providing “privacy” for anti-LGBT bigotry at AT&T)

“The NDO does notp rovide an enforcement mechanism for investigating a discrimination complaint… [and ]there is nothing in the enacted NDO which gives the City fact finding authority to make a determination or finding of discrimination.” (arguing the NDO cannot be enforced and has no teeth)

“The NDO… is not clear on whether Mr. Hileman, an employee of RGP, has standing to make a discrimination complaint against AT&T” (arguing only employees, but not contractors, or perhaps not even patrons, are protected under the NDO)

“…the NDO fails to give the City the ability to investigate or make any findings of discrimination” (again arguing the NDO is meaningless)

AT&T has tacitly, if not explicitly, admitted the recording was that of two AT&T employees (whose so-called privacy AT&T aims to protect), and the note placed on Mr. Hileman’s chair was real, and is in fact, in AT&T’s possession. But, AT&T maintains Mr. Hileman can’t prove it was an AT&T employee who put the note on the chair (despite the campus being exclusively for AT&T employees and contractors), and so AT&T can’t “substantiate” the claims – an absurd proposition! Perhaps AT&T wishes Mr. Hileman made a video recording of his workstation; of course, then AT&T would argue recording is prohibited by company policy. What is a victim to do?! Instead of taking responsibility and standing up for equality, AT&T has used every procedural maneuver to avoid addressing the glaring problem.

San Antonio seeks Attorney General Opinion concerning audio evidence in AT&T NDO Complaint

Throughout the media’s coverage of Mr. Hileman’s complaint, AT&T has consistently pointed out it has a score of 100 on HRC’s CEI. AT&T is using its CEI score as an excuse to do nothing about Mr. Hileman’s very real, verifiable complaint.

There is a reason AT&T points to its CEI score – it’s important to the LGBT community. But people expect a company with a perfect score to not only talk about equality, but to act in the interest of equality, too.

HRC has lowered companies’ scores in the past for engaging in acts which are contrary to LGBT equality. It’s my understanding one of the criteria of the CEI is “responsible citizenship” which examines whether corporations have had a large-scale LGBT-blemish on their records. While AT&T’s actions in this case may not add up to millions of dollars, it’s still large scale in that AT&T has demonstrated its willingness to tolerate homo/transphobic employees in the workplace, attempt to use corporate secrecy policies to blame complainants and shield wrongdoers from being held accountable.

This request isn’t casual, but one of serious consequence, so we urge HRC to deeply consider whether AT&T’s conduct is consistent with HRC’s mission and how it would like to see companies with a perfect CEI to behave in the face of such obvious homo/transphobia. we hope HRC will conclude AT&T has not behaved in a manner deserving of a perfect CEI score, and at a minimum, will call on AT&T to change course in this case, or risk losing points on the next CEI.

As always, we appreciate all the work HRC has done, and continues to do as the nation’s leader in LGBT advocacy. We look forward to hearing from you, and until then, we remain steady in this cause.