Employer seeks dismissal of gay employee’s sex-bias suit
A Whitemarsh nursing and rehabilitation center is seeking the dismissal of a gay man’s federal civil-rights lawsuit, arguing that antigay bias isn’t always a form of anti-sex bias.
“Frank Doe” worked as an activities director at Meadowview Nursing and Rehabilitation Center from May 2015 to September 2016.
Doe filed suit last month, claiming he was mistreated at Meadowview due to anti-sex bias. According to Doe’s suit, he thrived at his job until a new administrator took the reins in February 2016. The administrator allegedly referred to Doe as “Frances,” despite Doe’s repeated requests to stop doing so.
Shortly before the new administrator began working at Meadowview, a colleague warned Doe to “turn down the gay,” because the administrator allegedly is known to be antigay, according to the suit.
In September 2016, the administrator accused Doe of falling asleep during a work meeting and promptly terminated Doe.
Doe denies sleeping during a work meeting and claims the allegation of sleeping was a pretext to discriminate against him.
Doe is seeking an unspecified amount in compensatory and punitive damages, along with LGBT-inclusive corrective measures at Meadowview.
On June 8, attorneys for Meadowview filed a 23-page motion seeking the dismissal of Doe’s suit.
They contend that Doe actually complains of antigay bias — not anti-sex bias — and he allegedly failed to pursue remedies for antigay bias in a timely manner.