The Professional Golfers’ Association Tour is accused of wrongfully firing a gay employee after months of denying him paid breaks and adequate compensation.
The worker says he accepted a job with the PGA and moved from Florida to California to work on the Ellie Mae Classic, one of the tournaments on the association’s Web.com tour. He was forced to work 60 hour workweeks in a cubicle in the staff kitchen, according to his complaint. His supervisor made derogatory comments about gay people and gay dating apps before firing him, according to the complaint.
Federal appeals courts are split on whether Title VII of the 1964 Civil Rights Act bars discrimination on the basis of sexual orientation. California law protects workers from such discrimination.
The man originally filed his lawsuit in Alameda Superior Court and claimed 15 causes of action, including discrimination on the basis of his sexual orientation and his attention disorder, failure to accommodate, retaliation, wrongful termination, fraudulent inducement to move, and failure to pay overtime and to provide paid breaks.
The PGA denied the allegations and liability. It re-filed the case in federal court April 18.
Sexual orientation is defined as “heterosexuality, homosexuality, and bisexuality.” An employer cannot terminate an employee strictly for being heterosexual, homosexual, or bisexual. On that same note, an employee cannot be discriminated against based off their sexual orientation.
Name-calling or using derogatory labels for homosexuals, as well as mocking can be enough to successfully demonstrate workplace discrimination. Any discrimination based on sexual orientation that results in a hostile work environment is strictly prohibited under state and federal laws.