Lambda Legal Files Lawsuit Against Foot Locker on Behalf of Gay Sales Clerk Who Was Harassed at Two Stores Then Fired, Despite Anti-Discrimination Policy

(Columbia, South Carolina, Tuesday, June 29, 2004) - Lambda Legal filed a lawsuit against Foot Locker, Inc., today in state court in Columbia on behalf of a former employee who was subjected to severe antigay harassment by coworkers and supervisors, at two different store locations and in front of customers, and ultimately fired.

“Kevin Dunbar was subjected to a nightmarish workplace and then fired because he is gay,” said Greg Nevins, Senior Staff Attorney in Lambda Legal’s Atlanta-based Southern Regional Office, who is handling the case. “Foot Locker could have addressed this problem, as it clearly promises employees in its policies, but instead chose to ignore it and make it worse. Our client followed the rules to address the discrimination, and all it got him was a pink slip.”

Kevin Dunbar, 26, suffered antigay harassment and discrimination at the hands of his coworkers, supervisors and customers. Foot Locker, Inc., promises a harassment-free workplace and includes sexual orientation in its policies on discrimination and harassment. When Dunbar formally complained, the promised confidentiality of the complaint was broken and the discrimination grew worse. Dunbar was transferred from one store location to another, where his new store manager refused to shake his hand and said, “I heard about your shit, I don’t want your faggot ass in my store.”

“Once I became a target, every morning when I woke up and I was scheduled for work, I knew that my supervisors and coworkers would verbally insult and degrade me, probably in front of customers. At best, they’d talk behind my back and make my every task twice as difficult-just because I’m gay,” Dunbar said. “When I took a job at Foot Locker, I looked at the policies and took comfort in knowing that the company was fair to gay employees. Since the policies were so clear, I never thought this would happen.”

Because Dunbar didn’t conform to his coworkers’ view of masculinity, he became a target for cruelty. Not only did his supervisors allow the discrimination to continue, they actively participated, Nevins said.

In the lawsuit, Lambda Legal argues that Foot Locker, Inc., breached its contract with Dunbar by violating the company’s own anti-harassment, anti-discrimination and open-door policies that are promised in the employee handbook.

Three customers who witnessed three separate incidents of antigay harassment have sworn affidavits on Dunbar’s behalf. One customer approached Dunbar and gave him her name and phone number “because as a Christian woman I felt this was wrong, and the Lord told me to help and heal because the hurt, pain and embarrassment I saw on Mr. Dunbar’s face was intense.” On another occasion, a customer was shopping with her four children and heard Dunbar’s coworkers calling him “punk ass” and “faggot.” After one particularly harsh round of name-calling, a customer was concerned for Dunbar’s safety when she heard a coworker threaten, “I will beat his punk ass!”

“Having sexual orientation listed as part of nondiscrimination and anti-harassment policies is good business. These three customers make it clear that people don’t want to support companies that allow gay employees to be treated this way,” Nevins said.

After Dunbar was sexually harassed by a store customer, Foot Locker terminated him based on his complaint about the harassment.

In conjunction with the lawsuit, Lambda Legal launched the “Blow the Whistle on Foot Locker” campaign today, designed to activate people nationwide beginning with a series of town hall meetings set to kick off in Columbia after Labor Day. An aggressive postcard campaign launched today will engage thousands of people nationwide in the "Blow the Whistle on Foot Locker" team, giving consumers a way to directly tell Foot Locker leadership that they won't tolerate discrimination.

Lambda Legal also released a comprehensive new publication today, called "Out at Work: A Guide for LGBT Employees." It addresses a range of issues that gay, lesbian, bisexual and transgendered employees face, and it provides guidance on job interviews, coming out at work, creating an LGBT-friendly work environment, securing equal benefits and what to do if you lose your job because of sexual orientation, gender identity or HIV status.

“A year ago, we made Foot Locker’s headquarters aware of the harassment and discrimination Kevin Dunbar suffered at the hands of other employees and his supervisors, and the company refused to address it. Now Foot Locker will hear not just from those three customers who came forward in Columbia -- but from people all over the country who demand an end this kind of discrimination,” said Hector Vargas, Regional Director of Lambda Legal’s Southern Regional Office in Atlanta. “Every employer needs to have clear policies against antigay discrimination, and every policy needs to have teeth.”

Today's case is Lambda Legal's fourth major employment discrimination lawsuit in the past year. Last summer, Lambda Legal filed a lawsuit against United Parcel Service on behalf of a long-time employee who was blocked out of company benefits for spouses because he was gay and not married to his partner of 27 years. After Lambda Legal filed the case, UPS announced it had changed its policy to include gay and lesbian employees. In a legal complaint against Cirque du Soleil, a popular touring performance show, Lambda Legal represented Matthew Cusick, who Cirque fired because he has HIV. In a settlement mediated by the Equal Employment Opportunity Commission, Cirque agreed to revise its employment discrimination policy and pay a record $600,000 to Cusick. Last month, Lambda Legal filed a lawsuit against Nodak Enterprises, owner of Service Auto Glass, on behalf of Joey Saavedra, an industry veteran of nearly 27 years who was fired because he has HIV.

Greg Nevins, Senior Staff Attorney in Lambda Legal’s Atlanta-based Southern Regional Office, is handling Dunbar’s case. He is joined by co-counsel Ernest Cromartie III of Cromartie Law Firm LLP in Columiba and Nekki Shutt of Callison, Tighe & Robinson LLC in Columbia. The lawsuit is filed in cooperation with the South Carolina Equality Coalition. ### Contact: In South Carolina: Lisa Hardaway, cell: 402-369-2104; pager: 888-987-1971, or,

In New York: Eric Ferrero, 212-809-8585 ext: 227; pager: 888-987-1984.