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Blockbuster Inc. has agreed to pay $78,750 to settle the case of a former employee who alleged he was harassed by managers at two Minnesota video stores because he is gay.
The Minnesota Human Rights Department said the settlement is the largest it has ever obtained in a case involving discrimination based on sexual orientation.
Jeffrey Davis, 25, filed two charges of discrimination in November 2002, claiming he was subjected to ongoing harassment while working at two separate St. Paul Blockbuster video stores.
Davis complained he was called "the fag with the rainbow on his car," subjected to numerous other derogatory references to his sexuality, physicall
assaulted by a Blockbuster co-worker and faced with retaliation when he complained to Blockbuster's management.
In investigating the charges, the department found probable cause to believe that
Da
is was subjected to an ongoing hos
tile work environment, and that rather than taking timely and appropriate action to stop a store manager's harassing behavior, Blockbuster management retaliated against Davis after he complained.
Since 1993, Minnesota law has prohibited discrimination in the workplace based on sexual orientation. Thirteen other states and the District of Columbia have similar laws. There is no federal law, however, that specifically outlaws workplace discrimination on the basis of sexual orientation.
The Minnesota Human Rights Commission investigates close to 800 cases of discrimination (of all protected classes) a year, and only 10 percent of those ever result in a determination of probable cause, Human Rights Commissioner Velma Korbel told the Pioneer Press.
"When the department does find probable cause, usually the behavior has to be pretty egregious," said Davis' attorney Elena Ostby.
After Davis complained to store
mana
gers
tha
t he was be
ing harassed, he was transferred to another Block
buster store in St. Paul. When a store manager there learned that he was gay, he began referring to Davis as a "fruit" who was "too soft and weak" and who should "toughen up and be a man." When the store obtained a movie with a gay theme, the manager would refer to the video as "Jeff's movie."
Davis complained to a district manager and was refused a request to transfer to yet another store. At that point, according to the Human Rights Commission, retaliation ensued. The store manager instructed another employee to "cut that pansy Jeff's hours to less than anyone else" as punishment for not transferring and attempted unsuccessfully to change Davis' performance review, even though
it had already been signed.
In spite of the settlement, Blockbuster has denied any wrongdoing and "does not agree with all of the charges."
"Thi
s was ce
rtainly
an unfor
tunate and isolate
d incident and in no way reflects the manner in which we conduct business at our stores, company spokesman Ran
dy Hargrove said in a statement. He added none of the people involved the case are still employed by the company.
In addition to the monetary part of the settlement, Blockbuster also agreed to provide training for all store managers in the Twin Cities on discrimination and harassment, with a specific emphasis on preventing harassment based on sexual orientation.
Korbel said the department's findings and subsequent settlement should send a strong message to employers: "Companies that fail to act in a timely manner to deal with harassment of gay employees do so at their own peril."
No Federal Law Protects Gay Workers
There is no federal
law that specifically outlaws workplace discrimination on the basis of sexual orientation - in either the public or the private sector. Women, minorities, people
older than
40 and peop
le with disa
bilities enjoy state and
federal protections from discrimination in the workplace.
At the state level, though, there is more cause for hope, dep
ending on whether the workplace is public or private. Seven states have laws prohibiting sexual orientation discrimination in public employment: Illinois, Iowa, Maryland, New Mexico, New York, Pennsylvania and Washington.
Twelve states have laws prohibiting sexual orientation discrimination in both private and public jobs: California, Connecticut, Hawaii, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Rhode Island, Vermont and Wisconsin. The District of Columbia prohibits sexual orientation discrimination in both the public and private sectors.
http://www.gfn.com/news/spotlight.phtml?sid=15561&slid=1587
Blockbuster Inc. has agreed to pay $78,750 to settle the case of a former employee who alleged he was harassed by managers at two Minnesota video stores because he is gay.
The Minnesota Human Rights Department said the settlement is the largest it has ever obtained in a case involving discrimination based on sexual orientation.
Jeffrey Davis, 25, filed two charges of discrimination in November 2002, claiming he was subjected to ongoing harassment while working at two separate St. Paul Blockbuster video stores.
Davis complained he was called "the fag with the rainbow on his car," subjected to numerous other derogatory references to his sexuality, physicall
assaulted by a Blockbuster co-worker and faced with retaliation when he complained to Blockbuster's management.
In investigating the charges, the department found probable cause to believe that
Da
is was subjected to an ongoing hos
tile work environment, and that rather than taking timely and appropriate action to stop a store manager's harassing behavior, Blockbuster management retaliated against Davis after he complained.
Since 1993, Minnesota law has prohibited discrimination in the workplace based on sexual orientation. Thirteen other states and the District of Columbia have similar laws. There is no federal law, however, that specifically outlaws workplace discrimination on the basis of sexual orientation.
The Minnesota Human Rights Commission investigates close to 800 cases of discrimination (of all protected classes) a year, and only 10 percent of those ever result in a determination of probable cause, Human Rights Commissioner Velma Korbel told the Pioneer Press.
"When the department does find probable cause, usually the behavior has to be pretty egregious," said Davis' attorney Elena Ostby.
After Davis complained to store
mana
gers
tha
t he was be
ing harassed, he was transferred to another Block
buster store in St. Paul. When a store manager there learned that he was gay, he began referring to Davis as a "fruit" who was "too soft and weak" and who should "toughen up and be a man." When the store obtained a movie with a gay theme, the manager would refer to the video as "Jeff's movie."
Davis complained to a district manager and was refused a request to transfer to yet another store. At that point, according to the Human Rights Commission, retaliation ensued. The store manager instructed another employee to "cut that pansy Jeff's hours to less than anyone else" as punishment for not transferring and attempted unsuccessfully to change Davis' performance review, even though
it had already been signed.
In spite of the settlement, Blockbuster has denied any wrongdoing and "does not agree with all of the charges."
"Thi
s was ce
rtainly
an unfor
tunate and isolate
d incident and in no way reflects the manner in which we conduct business at our stores, company spokesman Ran
dy Hargrove said in a statement. He added none of the people involved the case are still employed by the company.
In addition to the monetary part of the settlement, Blockbuster also agreed to provide training for all store managers in the Twin Cities on discrimination and harassment, with a specific emphasis on preventing harassment based on sexual orientation.
Korbel said the department's findings and subsequent settlement should send a strong message to employers: "Companies that fail to act in a timely manner to deal with harassment of gay employees do so at their own peril."
No Federal Law Protects Gay Workers
There is no federal
law that specifically outlaws workplace discrimination on the basis of sexual orientation - in either the public or the private sector. Women, minorities, people
older than
40 and peop
le with disa
bilities enjoy state and
federal protections from discrimination in the workplace.
At the state level, though, there is more cause for hope, dep
ending on whether the workplace is public or private. Seven states have laws prohibiting sexual orientation discrimination in public employment: Illinois, Iowa, Maryland, New Mexico, New York, Pennsylvania and Washington.
Twelve states have laws prohibiting sexual orientation discrimination in both private and public jobs: California, Connecticut, Hawaii, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Rhode Island, Vermont and Wisconsin. The District of Columbia prohibits sexual orientation discrimination in both the public and private sectors.
http://www.gfn.com/news/spotlight.phtml?sid=15561&slid=1587