In Miami, a gay lawyer is claiming that he was passed over for promotions and given bad reviews just because he is gay. This account in the Pink News is a balanced and brief presentation of some of the facts about the case.

In my many years as an administrator of a public agency, I had to deal with some bad employees who consistently attempted to cover their poor work performances by claiming discrimination. With the backing of unions and advocacy groups, they would eventually chew up so much administrative time, my agency would often settle rather than stick to its guns. The bad employee would retain his/her position and sometimes get an undeserved promotion. Good employees watching this would be demoralized. The administrators would remind themselves to more carefully screen new hires because once you take on an employee in the public sector, it is close to impossible to get rid of a bad one.

Given that experience, I read an account like this one without rushing to judgement on behalf of the plaintiff. It is interesting to note that he previously sued another employer, claiming discrimination because of HIV status. He accepted a settlement in that case. He might be justified in both instances. He might be just playing the system. I'd love to be part of the jury that may receive all the facts of the case, without which it is extremely difficult to know the truth of the matter.

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