AT&T seeks to prevent public release
of files in NDO case
QSanAntonio, August 23, 2014
AT&T has petitioned state Attorney General Greg Abbot to prevent the
release of audio files pertaining to an employment discrimination claim
made by a San Antonio transgender man who says he was unfairly fired by
The recordings are among documents submitted to the City of San Antonio
by Matthew Hileman and his attorney Justin Nichols in support of Hileman's
claim which he is making under the city's newly enacted nondiscrimination
Last July, Sam Sanchez from QSanAntonio and Texas Public Radio reporter
Ryan Loyd filed separate Open Records Requests asking the city to release
the recordings along with all the other documentation submitted by Hileman.
This week, the city released about 44 pages of printed documents including
copies of emails, Hileman's affidavit and a copy of his Charge of Discrimination
with the Texas Workforce Commission.
However, the city decided that it wanted to get an opinion from the Attorney
General's office to see if it is required to release the recordings. AT&T
is challenging the release and stated its objections in its own August
18 letter to the Attorney General.
Hileman began working for Resource Global Professions (RGP) in May of
2013 providing information consulting services to AT&T. His work was
performed exclusively at the AT&T facility on North St. Mary's Street.
It was a bumpy road for Hileman at AT&T. While working there, he says
he overheard fellow employees say they would use violence if they found
a trans person in the restroom, he was outed to his co-workers and he
came to work one day to find a sign on his chair that had a "no fags"
symbol on it.
When he reported these incidents to his supervisors, he was told to not
come to work until his claims could be verified. He was never asked to
return. He filed his complaint, the first under the new nondiscrimination
ordinance, in January.
The six recordings that Hileman submitted to the city are contained on
a compact disk. The files are said to include the conversation between
two AT&T employees and recordings of voice mails from AT&T and
In AT&T's letter to the Attorney General, attorney Diego J. Pena objects
not only to the release of the recordings but of all documents related
to Hileman's case:
". . . Mr. Hileman's complaints, affidavits and supporting exhibits
should be withheld from disclosure because the City of San Antonio currently
lacks investigative and enforcement protocols and procedures for its NDO.
By Mr. Hileman's admission, the conversation of the AT&T employees
occurred on September 4, prior to the effective date of the City of San
Antonio's NDO. As such, their actions prior to September 5, 2013 -- the
effective date of the City of San Antonio's NDO -- cannot form the basis
for an actionable complaint. Additionally, because the City has not yet
enacted an enforcement mechanism for the NDO, charged parties' ability
to mediate and attempt to resolve the matter is compromised by the possibility
that unverified and uninvestigated information underlying the complaint
may be prematurely disclosed to the public. This premature disclosure
of unverified information could unfairly prejudice AT&T and the employees
whose privacy Mr. Hileman admittedly compromised."
Last May, Deputy City Attorney Veronica Zertuche talked to Texas Public
Radio about AT&T's obligations under the NDO.
"We want all of our contractors to comply with all the provisions
of their particular contract with the city, including this particular
one. We will be in discussions with the council about the remedies that
they'd like to take against any contractor for any deviations from the
requirements of their contract."
Matthew Hileman (Photo: Facebook)
put through first test in complaint against AT&T
Texas Public Radio, May 15, 2014
AT&T company leaders are dismissing sexual harassment allegations
made by a contracted employee late last year against two of its workers.
The complaint is the city's first since council members passed the controversial
non-discrimination ordinance revision.
man submits documentation for NDO complaint against AT&T
QSanAntonio, April 10, 2014
Last January, a transgender man, citing guidelines from the city's recently
enacted nondiscrimination ordinance, filed a complaint with the city attorney's
office claiming that AT&T dismissed him because of his gender identity.
LGBT NDO complaint filed, questions over process arise
San Antonio Current, May 14, 2014
Eight months following the passage of the long-debated LGBT non-discrimination
ordinance, the city has received its first complaint, according to an
affidavit obtained by Texas Public Radio.
man files complaint against AT&T for violation of NDO
QSanAntonio, January 7, 2014
A transgender man who was fired from AT&T in San Antonio is using
guidelines from the recently enacted nondiscrimination ordinance to file
a complaint with the city attorney's office claiming the company dismissed
him because of his gender identity.
from city on transgender man's NDO complaint
QSanAntonio, February 10, 2014
The attorney for a man fired from AT&T in San Antonio says he has
not received a response from either the city or AT&T on a complaint,
filed under guidelines from the city's nondiscrimination ordinance, that
alleges the man was fired because of his gender identity.
man's attorney responds to city's letter on NDO complaint
QSanAntonio, February 14, 2014
The lawyer for a transgender man who filed a complaint using guidelines
from the city's new nondiscrimination ordinance says he's disappointed
by the city's response to the claim.
City won't enforce controversial gay rights law
WOAI Radio, February 10, 2014
Now that the cameras have stopped rolling and the supporters of the gay
and lesbian community have all written campaign checks, the lawyer for
the first person to file a complaint under the new expanded NDO says the
city was a lot more concerned about talking the talk than about walking
man files first NDO complaint, lawyer says
KENS5.com, January 8, 2014
A transgender man claims he feared for his life and left his job after
coworkers threatened him. Now he hopes the city's ordinance to protect
the LGBT community that was approved four months ago forces his former
employer do what he considers the right thing.