Former Fulton Jail Officer Says He Was Fired Because He Is Gay
A gay former detention officer's suit claims workplace discrimination because of his sexual orientation violates federal civil rights laws, an issue pending before the U.S. Supreme Court.
January 03, 2020 at 02:34 PM
3 minute read
A former detention officer is suing the Fulton County sheriff and three supervisors, claiming he was discriminated against because he is gay and then fired on allegedly false pretexts after he complained.
Former jail detention officer Demarcus Harris' lawsuit contending that discrimination on the basis of sexual orientation is barred by federal civil rights laws comes as the U.S. Supreme Court contemplates a similar case out of Georgia: Bostock v. Clayton County.
The Supreme Court appeared divided during arguments in that consolidated case over whether discrimination based on sex under Title VII of the Civil Rights Act of 1964 applies to sexual orientation and gender identity.
Harris contends in his complaint, filed Dec. 30 in the U.S. District Court for the Northern District of Georgia in Atlanta, that he was fired for being gay. In his suit, Harris said his problems began after a fellow detention officer crudely told other employees he didn't want to work with Harris because of Harris' sexual orientation. Harris said in his suit that it was he, not the officer who complained, who was then subjected to a series of transfers to less desirable jobs, locations and work schedules.
After multiple meetings with jail supervisors to protest the transfers and schedule changes, Harris claimed supervisors began building a pretext case against him for alleged tardiness in order to fire him. Harris claimed he was listed as a "no call, no show" for work after a county counselor and human resources personnel gave him permission to take leave, and that supervisors then began monitoring when he clocked in for work.
Harris said he was fired last spring on the recommendation of Lt. Anthony Taylor, who is listed as a defendant. The other defendants include Fulton County Sheriff Ted Jackson and his office, Lt. Temeka Cherry and Capt. Tyna Taylor.
Harris is seeking back pay, lost wages and benefits, pay increases he would have received if he had remained on staff, compensatory and punitive damages and legal fees. He also has asked for a declaratory judgment that the sheriff's office violated Title VII of the U.S. Civil Rights Act of 1964 and USC 1983, and a permanent injunction barring the sheriff's office and its employees from committing similar violations on the basis of sexual orientation in the future.
Harris is represented by Thomas Mew, a partner at Atlanta's Buckley Beal, and firm associate Milinda Brown. Neither attorney could be reached for comment.
Sheriff spokeswoman Tracy Flanagan declined to comment on the litigation. But she confirmed that Harris was terminated effective April 4 while still a probationary employee.
According to Harris' suit, he was initially told by a shift supervisor after he first complained that he was being transferred "for his own safety. " He contended that Taylor later informed him that he knew the detention officer who reportedly made the discriminatory remarks about Harris "for a very long time" and didn't believe he would make the reportedly crude and discriminatory comments.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllGeorgia Appeals Court Cancels Hearing in Election Interference Case Against Trump
3 minute readJustice Department Says Fulton County Jail Conditions Violate Detainee Rights
6 minute readSupreme Court Rejects Push to Move Georgia Case Against Ex-Trump Chief of Staff Mark Meadows
3 minute read3 GOP States Join Paid Sick Leave Movement, Passing Ballot Measures by Wide Margins
5 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250