Gay Man Picked for CA Employment, Housing Post

A gay civil rights lawyer has been selected by California Governor Jerry Brown to head the troubled state Department of Fair Employment and Housing.

Brown announced the appointment of Kevin Kish, 38, of Los Angeles, in a news release last week. LGBT advocates expressed confidence in Kish's ability to lead the department, which aims to protect people against unlawful discrimination in employment, housing, and public accommodations, and from hate violence. The agency has faced controversy for some internal issues.

In response to interview requests, Kish said in an email, "I haven't even discussed a transition timeline yet, so all I can say at this juncture is that I'm excited and looking forward to the challenge."

The Yale Law School graduate has been director of the Employment Rights Project at Bet Tzedek Legal Services since 2008 and an adjunct professor of law at Loyola Law School, Los Angeles, since 2012. He's also served as a law clerk at the U.S. District Court, Middle District of Alabama.

Kish's appointment requires Senate confirmation. The compensation for the position is $150,198.

People who know him suggested he's an excellent choice for the post.

Carmina Ocampo, staff attorney at Lambda Legal Defense and Education Fund, a national LGBT organization, has known Kish since 2008 and called him "a perfect fit for this kind of job."

Kish "is the expert in southern California about representing low-wage workers," and Ocampo suggested he's been especially committed to helping workers who face retaliation.

"He has relentlessly fought for workers who have exercised their right to complain" about abuse and harassment, and he's also helped craft state anti-retaliation laws, she said.

One of the issues Lambda Legal is concerned about is anti-LGBT employment discrimination, and "we hope to partner with Kevin in finding cases we can work on to help eliminate employment discrimination against LGBT workers," Ocampo, a straight ally, said.

In a news release, Tico Almeida, president of the national LGBT organization Freedom to Work, called Kish, "one of the best litigators I have ever known," and said, "LGBT Californians are gaining a strong and passionate legal champion who will work hard to ensure everyone in California gets a fair shot on the job and a fair chance to rent or own housing."

Almeida, who's gay, added that Latinos in the state would gain "a strong advocate" who's "won significant victories" against people accused of exploiting immigrants, human trafficking, "and all those criminals who would put corporate profit above human fairness."

He also lauded Kish for his "impressive" Spanish-speaking skills and said, "We urge California legislators to approve his nomination without delay."

Kate Kendell, executive director of the San Francisco-based National Center for Lesbian Rights, doesn't personally know Kish, but praised Brown for choosing him to head the DFEH.

"This is what we want," Kendell, a lesbian, said. "We want LGBT people to be in a position" where they can have influence, "where they can be out and open, where they can serve as examples and mentors, and where hopefully they can engage in advocacy," particularly when it comes to "the most vulnerable" people in the state, LGBT or otherwise.

One issue Kendell would like to see addressed is the lack of affordable housing.

"We're living with that reality every day in San Francisco," she said. "An agency like this with leadership that can think outside the box can perhaps design and help implement policies to assist low-income individuals in securing affordable housing."

Phyllis Cheng, who left the DFEH director's post in the fall, retired from state service and has resumed private practice. Annmarie Billotti served as acting director.

Troubled Agency

If Kish's appointment is confirmed, he'll be heading an agency that has had some problems.

According to a January 2014 Sacramento Bee story, the State Personnel Board had concluded DFEH "twice promoted an employee into jobs for which she wasn't qualified."

Department officials had said "they didn't violate civil service laws," the Bee says, but the story also mentions "recent news reports" that included allegations that DFEH had "quietly signed off on an agreement several years ago that allows the governor's office to veto without public disclosure any discrimination complaints filed by public employees," among other issues.

In response to emailed questions, DFEH spokeswoman Fahizah Alim said the agency isn't required to submit requests "seeking approval from the governor's office before initiating a lawsuit against a public entity."

Alim also said, "We're pleased" with Kish's appointment, and department employees "look forward to working with him when he begins."

Almeida seemed certain Kish is up to the task of leading the department.

"He's managed employees, and he's managed large and complex cases," Almeida said. "I am completely confident he can help fix the mistakes of his predecessors."