David Hill was the human resources director of The Artee Hotel (then called the Brentwood Holiday Inn, though not affiliated with the chain) in Brentwood, Tennessee, until his boss found out he was gay. Hill was fired and the owner didn’t even bother to make up an excuse as to why.
Hill says that the hotel’s owner, Tarun Suti told him, ‘I don’t give a damn. They can sue me. I will not have any of the gays in leadership roles in my hotel.’
And while this could be a case of ‘he-said, he-said’, the assistant general manager of the hotel confirms Hill’s story, telling Nashville’s Channel 4:
“The owner, Mr. Surti, comes from a culture that is not very tolerant to the gay lifestyle, and therefore he felt it necessary to have him removed from the workforce at the property,”
“(He was fired) strictly because of his sexual orientation?” asked reporter Katina Rankin.
“I do believe that’s a very fair assumption,” asked Stoddard.
“Did you agree with his decision?” asked Rankin.
“I did not,” said Stoddard. “It is in our employee handbook that no one should be discriminated against, harassed verbally, physically or any other means for their sexuality, their sexual orientation, gender, race or anything of that sort.”
Hill said he plans on taking legal action and he has already filed a complaint with the U.S. Equal Employment Opportunity Commission and the Department of Labor.”
eric
seems pretty cut-and-dried– if the employee handbook says one things and the old coot running the company did something else, the gay in question will clean up in court. not that it makes things any better, but at least a lesson will be learned. hopefully.
emb
It’s things like this that make for trying times for us liberal multiculturalists. The bottom line, Mr Surti, is that your cultural values become utterly, completely irrelevant when they run afoul of the US Consitution, state law, and local parking ordinances. The Mdm Liberty throws her arms open to you, but just as you left the tooth-grinding, disease-ridden poverty back home in wherever to seek freedom and prosperity in the New World, you need to leave behind your stupid, archaic, miserable little notions about your fellow human beings.
Welcome to America. Sue his ass off, David.
emb
Oh wait, federal law doesn’t really help David, does it? No, that’d require something that prohibited discrimination against homos in employment, like, say, oh, ENDA for instance. But then ENDA got scuttled by all the backbiting, infighting, shortsightedness and cowardice of its would-be beneficiaries and supporters. Sigh. I don’t guess that Tennasee has wildly progressive and inclusive employment laws? Oh well. Sue him anyway, he’s a jerk.
Jaroslaw
2nd that EMB, YES David, sue him into the next century!
blake
@emb:
Exactly! The gay rights movement continues to spin around marriage and ignores ENDA, which would provide an immediate benefit to the majority of all gay Americans. When I say gay rights movement, I mean not only leaders but a large number of everyday GLBT Americans.
The Democrats in the House just got legislation through to protect equal pay for women. Why can’t we get some kind of ENDA legislation up for a vote immediately?
I understand that ENDA failed last time because Bush threatened to veto it and there were disputes about inclusion of transgendered individuals.
Smokey Martini
“The owner, Mr. Surti, comes from a culture that is not very tolerant to the gay lifestyle…”
Hm. It seems like the Assistant Manager is trying to politicize his boss’ background to justify his decision. It doesn’t quite work that way, Stoddard — ESPECIALLY since Sutri’s background has been sufficiently overlooked to allow him to serve as the owner. It’s absolutely unacceptable for him to turn around and bar another member of a minority because he now has the power to do so.
Stoddard gives multicultural liberalism a bad name.
PearlsBeforeSwine
It will be interesting to see how long Tarun Suti keeps his job. It is likely that David Hill will collect a large settlement from his former employers, not because of ENDA, a Tennessee State anti-discrimination law or a local law. Employers are legally bound by the provisions of their employment policies. It they state they do not discriminate on the basis of sexual orientation, then they in fact cannot do so or they end up in a very shaky legal position. This will also negatively affect Mr Suti’s employment opportunities in the future. Who would want to hire a manager who might potentially cost you millions of dollars and damage your reputation?
Alan down in Florida
“I will not have any of the gays in leadership roles in my hotel.”
Who’s kidding who? Remove all gays from leadership roles in hotels and they’d close down in less than 48 hours. The only gayer bunch I can think of sells clothing in department stores.
“It will be interesting to see how long Tarun Suti keeps his job.”
It will be even more interesting to see how long that unidentified assistant general manager keeps his job for talking to the TV news and coming down on David Hill’s side as opposed to sucking up to the boss.
Buddy
Spelling counts: it’s Tarun Surti not Suti. He’s a biotech millionaire and sometime contributor to the Democratic party.
Oh, and a bigoted a-hole.
Ed
I guess progress doesn’t come for everyone. It makes me sad to think about how many glbt persons (& in fact all peoples) are discriminated against in equal or more horrific circumstances. When will people begin to learn is anyone’s question.
It does buttress my opinion that we should further our advancement efforts on those who don’t live in the major cities so that inclusiveness and tolerance sees the diaspora it deserves.
On a bright note, we have two heroes here. One who is not afraid to stand up for his rights and another who is not intimidated to speak truth to power. Progress.
geoff
This kind of thing is scary. Hopefully he wont get away with it.
Dave
The Employee Code of Conduct is effectively an agreement between the employer and the employee, since the owner stipulated in the handbook that people wouldn’t be mistreated in any way for their orientation, even if he just had someone else write it up he must of approved it before it was distributed to the employees, he may well be able to sue for breach of contract – if not, well he should be able to get him in a civil suit regardless.
Marty
Deeds such as these are why marriage should be a back burner GLBT issue, when things like this happen and the people doing it can get away with it, fighting that matters more than any Proposition 8. Start with the basic individual humanity, worry about what happens with our pairings once the basic rights for individuals are a part of reality. If we can convince the straight people that we matter as individuals, then they will give us equal rights in marriage afterwards.
tropSpice
The owner’s name suggests he is of Indian (as in “India”) Hindu descent.
I hope he gets sued big-time.
~A gay Indian-American 🙂
Jaroslaw
to all, but esp Geoff & Alan – he won’t get away with it if the employees tell the truth and stick together.
If it is only you and the manager, then usually the manager’s word is taken. But if, as in this case, another impartial witness corroborates the point, then you should win.
I have a friend who is out of a job right now because of some crap with a new supervisor. When I mentioned a union, he is afraid. I understand to a point he’s scared, but no one is going to hand you anything.
Stick together and fight whatever the issue !
Jaroslaw
Smokey – Stoddard was explaining the owner’s actions, not justifying them. Are you running out of posts to comment on? You’ve really come up with some poor stuff lately! 🙂
zeke
All I can say is get a good lawyer and he’ll see a lot of $$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
Darth Paul
@Jaroslaw: “Stick together and fight whatever the issue !”
Maybe in a perfect world. But we’re all over the political spectrum, including the part that would sooner see queers exterminated than out. What would you suggest there, supreme idealist?
Jaroslaw
I’m not an idealist. It takes time to change people’s mindset. We are so used to being the victims and in other’s control. Often people don’t think about what I’ve written here.
Nothing idealistic about it, will work if people do it.
Kurt
David Hill is out of work and contrary to what three people have posted here, he does not have a legal case.
No, a clause in an employee handbook gives him no legal rights as courts have repeatedly affirmed (and just to further insure it, almost all corporations include some fine print buried in their employee handbooks stating that nothing in the book is meant to be a legally binding contract.)
Unless Hill is under a union contract (which is legally binding and can be enforced in the courts) his goose is cooked.
I have repeatedly asked HRC to make this clear as they give laudatory praise to companies that include favorable language in employee handbooks, but have had no success. (Even when I referenced companies that stated they had non-discrimination policies but fought against union demands it be included in the binding collective bargaining agreement.)
Eminent Victorian
How can that hotel use the name Holiday Inn if they’re “not affiliated with the chain”?
Ideally, both HRC and the ACLU would send emissaries to this Nashville suburb and help the guy who got fired. I have more faith in the ACLU than I think I ever will in HRC, though.
I hope there’s a big ugly lawsuit brewing right now.
Into the Nightlife
Hmmm…
I wonder how Mr. Suti would feel if someone told him we can not have Indians or Pakistanis or whatever as businessmen or hotel owners in this country because they ruin the all-American, wholesome look and feel of our nation?
I wonder how he would react to that?
Forrest
He is gay? No way!
Brian Miller
@Buddy:
He’s a biotech millionaire and sometime contributor to the Democratic party.
Why am I not surprised?
BrianPrince
@emb:
I’m with EMB on this one, guys… unless the employee handbook is denoted as a contract, it may not be given much credence in court… and if it is a contract, it’s much more likely that the fired individual will have a claim for breech of contract than for discrimination… even though it’s outright discrimination…
and there’s one simple reason…
Companies cannot discriminate based upon sex, religion, race, ethnicity, handicap… but there’s nothing in federal law that says they can’t discriminate based upon sexual orientation…
and the EEOC (I just got papers from them, myself… three days ago to file a complaint) clearly states on their papers, that unless the complaint is regarding age, race, gender, sex, ethnicity, disability… they can’t do crap about it.
So… this guy, may well be left high and dry, because the U.S. Federal Government still sees us as an insignificant minority, unworthy of equality.
Sucks… royally.
dfrw
I think that sometimes things work backwards in flyover states like Tennessee. Whereas firing Mr. Hill is a bad business decision made public, it is actually a good decision in places like Tennessee and his hotel will probably get more business from the wingnuts because of it.
Jaroslaw
I suppose the laws might be different in different states but —– why pass out an employee handbook if it doesn’t mean anything?
I’m sure that in my state they have been used AGAINST employees, so the reverse should be true.
The company has a written policy, put forth in the handbook. Why, oh legal beagles on this site, would it not apply?
Kurt
“I suppose the laws might be different in different states but —– why pass out an employee handbook if it doesn’t mean anything? ”
Oh, Jaroslaw, Jaroslaw, Jaroslaw…..
Hmmm, why did your Ex- say that he loved you when…., oh, nevermind.
But I admire your faith in corporate America.
Employers do nasty things to their employees every day — pay slave wages, cheat them on pensions and overtime, have them work in unsafe mines, mills and offices, discriminate for any number of reasons.
Under federal law, employees are in one of two situations:
1) “at will employees” – the boss retains all rights; can fire an employee at any time; is not bound by any ’employee handbook’, oral promises or general sense of human decency, except when specifically limited by federal or state law (i.e. the protected categories in the Civil Rights Acts — which does not include gays — and state laws — of which Tennessee is not one with gay protections.
2) Employees with a written, binding contract. High level executives may have this, negotiated individually with them. For regular workers, they might have a union contract, which is binding and offers real protections. For everyone else, see #1.
Debby
I hope this case becomes high profile in the news to set the example that employers can’t get away with discrimination. I hope David retains a good experienced attorney and takes this case as far as he can. Perhaps Tarun Suti should have thought about how this is going to affect his business before he fired David for his sexual orientation.
Jaroslaw
Kurt – thanks for the reply! I have no faith in Corporate America – but I cling to the hope there is a shred of decency here and there in the judiciary.
The company had a written policy – now they can change it at any time and of course, company policy cannot conflict with existing state & fed laws, but in the absence of an orientation policy, the company is always free to give MORE protections.
Now if you’re saying specifically handbooks mean nothing and know this from documented cases, I won’t disagree. I’m saying I know I’ve read cases where the handbook was used AGAINST the employee. How you figured this meant I had faith in corporations is a mystery to me! But no harm done. 🙂
AzGaybe
…and some americans think anybody with the name suti doesnt belong here either…”welcome to seven eleven how may i help u”.