Queers United: Subway Fires Former Gay Porn Star
I've been reading all these comments on this story, and they seem to range from the usual gay-bashing, (Good,the fag should have been fired!) to concentrating on the gloves, (As long as he had gloves on when he made my sandwich, I wouldn't care what he used to do for a living; like he couldn't do something gross with the gloves on!) to the reputation of the customer (how did the customer recognize the FACE of someone in a gay porn movie?"). Although employers are entitled to fire anyone for any reason in an "at will" state (that's what it's called in MD) they can't discriminate against anyone, and I'm sorry, it seems to me that this man was fired because the customer outted him. If an employer found out that a straight man was in a porn film, there would be back-slapping and high-fiving all around; lots of laughing and probably requests for the phone numbers of his co-stars. It's a GAY man though, omg, how horrible; not only is he gay, he actually made movies!! Firing him because one customer came in and said he recognized him points more to the phobia of the supervisor than it does to any kind of disruption or threat to Subway's business. I have never heard of any business taking the word of one customer and taking away an employee's livliehood over it. That's like a woman walking into a business and telling the boss "The woman working the cash register, I recognize her, she's the person who had an affair with my husband! I'm going to boycott your store unless you fire her!" Do you really think any rational boss would do that? Would it make sense if he did? They may be in a state that can fire an employee at will, but still an employer has to have a reason that is not discriminatory, and has to prove it's not discriminatory. If I were this guy, I would try to sue, because I really don't think that supervisor had the right to do that, and I don't think Subway is going to stand for a lawsuit over it.
4 comments:
thanks for re-posting it. there are so many homophonic comments and i have deleted the really offensive ones. I have deleted atleast 15 "fag" comments.
Wednesday, December 20, 2006 / 03:29 PM
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Seems to me that history has a way of repeating itself. And that some corporations are not mindful of the damage their franchisee's can do.
I looked in Planet Out though and found no mention of this current infamy.
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A man settled a lawsuit in the U.S. district court in Nevada after he was fired by a Subway restaurant owner because he has HIV.
The law clearly states that employers cannot fire someone because he or she is HIV-positive, Lambda Legal staff attorney Jen Sinton said Wednesday in a written statement.
"Sound science shows if someone with HIV is able to work, there is no reason why they can't work in the food service industry," Sinton said. "Improving science literacy around HIV transmission is crucial to the struggle to end AIDS."
Robert Hickman's case has prompted Donna Curry Investments, which owns the franchise, to include written policies banning discrimination against qualified individuals with HIV. The company will also provide training for employees about HIV transmission.
Lambda Legal represented Hickman, who was hired to work at Subway in November 2004. When he became eligible for health insurance after three months of employment, his HIV status came into question. He was fired in February 2005 when the company found out about his HIV status.
"I'm gratified that my former employer has taken to heart that discrimination against people with HIV is wrong and has agreed to have new policies and training," Hickman said in the press release. "Employers must learn what the CDC already knows: 25 years of scientific study confirm there is no known risk of HIV transmission to customers or anyone else through the normal course of business at a restaurant."
You brought up the most obvious point..How the hell was Mr. Homophobic able to recognize the employee? Might he have watched the film? Oh my.....The stupidity and ignorance of so many people never ceases to amaze me. I really am not going to feel the same about Subway. I don't like management that doesn't back their employees. The food industry has so many issues. You know I am a waitress, and I remember when one server found out I had Hep C. She wanted me fired. Thankfully I worked for a wonderful lady who got some literature about Hep C and literally tossed this chick a stack of paperwork and told her to get her facts straight before she opened her mouth. That quashed that...Now this man is unemployed. I hope he picks up the phone and calls a LAWYER....
I agree with you Lori, I think he should too. Regardless of the employment rules in that state, ("at will" employment, etc.) I don't think Subway would like the attention, especially if he can get others who've gotten the same treatment to come forth.
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