James Pittman, a resident of Jackson County, Missouri, testified that he suffered through seven years of antigay workplace harassment before ultimately getting fired for being gay.
Unfortunately, he’ll be unable to sue for discrimination, according to a 2-1 decision made by the Western District Missouri Court of Appeals, reports Columbia Daily Tribune.
According to testimony, Pittman was called a “cocksucker” and asked if he had AIDS by Cook Paper president Joe Jurden. When he broke up with his partner, Pittman claims employees treated him “more harshly than a male who was getting a divorce from his female wife” and “caused the workplace to be an objectively hostile and abusive environment based on sexual preference.”
The court ruled that the state law barring discrimination based on sex only applies to gender-based actions — not one’s sexuality.
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Pittman’s lawsuit against Cook Paper Recycling Corp. was dismissed in February 2013, and he’d appealed that initial decision.
“If the Missouri legislature had desired to include sexual orientation in theMissouri Human Rights Act’s protections, it would have done so,” wrote Chief Judge James Welch. “No matter how compelling Pittman’s argument may be and no matter how sympathetic this court or the trial court may be to Pittman’s situation, we are bound by the state of the law as it currently exists.”
Currently, Missouri law bars employment discrimination based on one’s race, color, religion, national origin, sex, ancestry, age or disability.
Lynne Bratcher, Pittman’s attorney, stated that she’ll try to get the Missouri Supreme Court to hear the case.
“This is just a really good example that discrimination exists against LGBT folks and updating the Missouri statute is so vital,” said Steph Perkins, interim director of PROMO.
In a prepared statement, Sarah Rossi, director of advocacy and policy at the ACLU, had this to say:
“Today the Missouri Court of Appeals made two things very clear: Missourians are being harassed, bullied, and fired from their jobs for being gay, lesbian, or bisexual and they will have no recourse in the courts unless the state legislature changes the Missouri Human Rights Act to protect them.”
Missouri is one of 28 states that still doesn’t offer any kind of employment discrimination protection to LGBTQ people.
h/t: LGBTQ Nation
mr mr
He should have gotten some of it on tape, then release it on YouTube. Just like cops have body cams (should have) . I have faced this at work too. It’s hard to be professional while someone is taking shots at you as a man. I just became really good at not letting them see me be mad.
Marky
Barbarians.
alanh1249
Sue federally
Mack
@mr mr: I agree, but more importantly is getting the business name in the video. Once you embarrass the company then they most of the time take action, especially if an executive is involved.
Bascha
Obviously all of that is wrong, but why did this man not look for another job over the course of SEVEN years? Surely he could have found a comparable job in an infinitely better working environment over the course of SEVEN years.
Christopher Hayward
The douchebag state.
alphacentauri
@mr mr: Agreed. Without doing this the company and people involved would just claim that it never happened.
@Bascha: He was probably hoping he could sue and get money.
Glücklich
@Bascha:
Took the words right from my keyboard.
Ruhlmann
@Bascha: Because he shouldn’t have to. But hey some guys just want to keep running.
Giancarlo85
So a gay guy should just quit and find another job? Oh yea, in a state with such little worthwhile employment like Missouri, that may not be an option.
I hope this man will appeal. This should go right to the Supreme Court.
Kangol
You can get married in Missouri and every other state, but there are no federal employment or other civil protections for LGBTIQ people. This is why “states’ rights” can disadvantage us. We need a federal bill, ASAP!
Giancarlo85
We won’t get a federal bill if the republicans have any power. This is why gay republicans are the most confusing contradictory people out there. Vote for people who would take away your rights and destroy the economy… all at the same time.
Glücklich
@Giancarlo85:
While I agree with you in principle, Jackson County, MO, largely comprises Kansas City, MO. Flyover country to be sure but still an area offering other employment options, especially given seven years in which to conduct a job search.
Giancarlo85
@Glücklich: Okay… so we should just quit and try to find another job? And what if the other employment options represented a vast drop in wages? I guess we just need to cut and run… and not contest any form of discrimination.
Glücklich
@Giancarlo85:
Find another job that doesn’t involve a vast cut in pay, *then* quit. Again, in this case, the guy had seven years and not in a sparsely developed area.
As I wrote, I agree with you in principle. At some point, though, we have to take responsibility for our circumstances, especially the ones we don’t like, and do what it takes within reason to change them.
That said, I hope the company gets more bad press (though being privately held and low-profile they may not care) and the guy gets some recompense, or at least a better job.
Giancarlo85
@Glücklich: I don’t think you can assume that much baesd on the circumstances. And the truth is this company probably has connections they used to put pressure on him from quitting. Some negative words from former employers can have a devastating impact. They probably threatened him.
rhino79
@Glücklich: “Jackson County, MO, largely comprises Kansas City, MO. Flyover country to be sure…” You sound like a jackass. Kansas City, Missouri (home of the Royals, who just won the World Series) is the largest city in Missouri. Comments like yours (“flyover country”) are incredibly offensive to people who grew up or currently live in these places. The idea that urban California and New York City are the cultural epicenters of this country and the only places in the entire nation worthy of habitation is ridiculous and wrong and reeks of snobbery.
Glücklich
@rhino79:
Yes, that’s the real story here. Thanks for clearing that up. Don’t you and your outrage belong over on this other post?
http://www.queerty.com/gus-kenworthy-issues-apology-for-controversial-native-american-themed-costume-20151102
“The idea that urban California and New York City are the cultural epicenters of this country and the only places in the entire nation worthy of habitation is ridiculous and wrong and reeks of snobbery.”
Omitting Seattle, Portland, Boston, Philly, Washington, and Miami is incredibly offensive to people who grew up or currently live in those places. In fact, it’s ridiculous and wrong and reeks of snobbery.
rhino79
@Glücklich: Your comment makes absolutely no sense, and my point was obviously beyond your comprehension. Maybe you should spend less time making stupid comments on Queerty and go update your Google+ profile, which bizarrely boasts of your open marriage and chronic workaholism.
Glücklich
@rhino79:
Oh you poor thing.
jrh311
I can understand being upset for being fired for being gay after 7 years (although, clearly they’ve known he was gay since they allegedly harassed him over it for 7 years, so not sure how it suddenly became an issue to terminate him over), but if you’re being bullied at a job, find another. What if he was straight and fat and people constantly criticized his weight? There are no protections for people based on weight. The best solution is to find another job. Besides, why would you even want to work somewhere where the damn PRESIDENT is a huge piece of shit?
Glücklich
@jrh311:
Well that just makes too much sense.
I empathize with Pittman’s situation but there had to have been other options.
Masc Pride
Don’t know how far it would’ve gone even if it hadn’t been dismissed. Seems to be nothing but a lot of he said/she said. Seven years should’ve been more than enough time to get proof of something.
Bob LaBlah
@rhino79: Down this way we refer to California just what it is; the LEFT coast. Now do you understand why every one in NYC, Los Angeles and San Francisco are continuously looking for wealthy husbands to foot the bill for them?