Man wins gay discrimination suit
The $1 million award is said to be the largest among sexual orientation cases
By Matt Wickenheiser mwickenheiser@mainetoday.com
Staff Writer
PORTLAND - A jury has awarded a Buxton man more than $1 million in a discrimination case based on sexual orientation -- the largest such award to date in Maine.
Edward Russell's attorney, Guy Loranger, argued in Cumberland County Superior Court that his client was repeatedly passed up for promotion because he is gay. In late June, a jury agreed after hearing three days of evidence and deliberating for six hours.
The jury found that Russell's former employer, Express Jet Airlines, had violated Maine's Human Rights Act, which bars discrimination based on sexual orientation. Jurors awarded Russell $500,000 for emotional distress, $500,000 for punitive damages and $47,000 in lost wages.
Loranger said Tuesday that the judge will determine what award caps to apply; he speculated the overall award will be capped at $547,000, plus attorney's fees and other costs. Attorneys for the company are arguing for a lower cap, Loranger said, and have said they would appeal.
Express Jet's Vermont-based attorney could not be reached for comment, and the company's media relations office did not return a call for comment.
Loranger said this is the largest sexual orientation discrimination award in Maine, a fact confirmed by John Gause, corporate counsel to the Maine Human Rights Commission.
"This guy was completely qualified to do the job," Loranger said. "The jury said it didn't matter his color, his race, his national origin or his sexual preference -- he was qualified to do the job and you should have allowed him to do it."
Express Jet Airlines operates regional jets for other airlines. It has been the regional operator for Continental Airlines at the Portland International Jetport, though that arrangement is coming to an end. Russell worked for Express Jet from 1998 until 2007.
According to court documents, the company faced a complaint in 2003-04 from three female employees who had unsuccessfully applied for an open supervisory job.
At the time, Express Jet managers at the jetport were all gay men. The women complained that the general manager at the time, who was gay, would hire only gay men.
The general manager lost his job, according to court documents. Over the next four years, that position became open four times. Russell filled in several times, and wanted the job, but was told by regional managers not to waste his time applying for it, the documents said.
"Our theory was they decided they did not want another gay man out there," Loranger said.
At one point, according to the documents, the company hired a general manager whom a regional executive described as a "real man." That general manager made disparaging comments about gay people at work, according to the complaint.
Russell left the job in 2007 "because of the discriminatory treatment," court documents said.
According to Loranger, the new company that has the contract to handle regional flights for Continental from the jetport has hired Russell to be its general manager.
Staff Writer Matt Wickenheiser can be contacted at 791-6316 or at: mwickenheiser@pressherald.com
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53 COMMENTS
heyjoe said...
I think I just became a gay airline employee....
July 15, 2010 at 1:02 AM Report abuse
UofA said...
Hey Brucie! What about those straight women that were passed over for the gay dudes!
July 15, 2010 at 5:18 AM Report abuse
Biddy said...
According to those who opposed "Special Rights" for gays, there was no discrimination and no need to vote for the anti discrimination law. Of course they were wrong. Cases like this paint their ignorant assertions for what they are. And when that happens their true hatred and disgust for anything that differs from their narrow minded perspective on life shows. Isn't that right U of A and Rocky4?
July 15, 2010 at 6:05 AM Report abuse
ElSkipper said...
Hey, Biddy, what about the gay GM who would pass over qualified women and only hire gay men?? That's different right?
July 15, 2010 at 6:15 AM Report abuse
Biddy said...
No, that's discrimination too. Remember he was fired. The company took care of that one.
July 15, 2010 at 6:22 AM Report abuse
UofA said...
Biddy- I don't hate you people. I just hate the special rights you think your kind deserve! I have rights also and will never rent one of my apts. to you or your "partner"!
July 15, 2010 at 6:23 AM Report abuse
Biddy said...
U of A. Comments like yours are hilarious in their uninformed ignorance! To begin with I am hardly gay. I've been happily married to a wonderful woman for over 30 years and have two fine sons. That said I have gay friends and many associates in business and public affairs I'm involved with. I have relatives who are gay who I think the world of. I don't see them as "gay" or "different" I see them as "friends" and "family". It pains me that they don't have the same ability to realize the joy in their relationships that my wife and I enjoy. Yes, you have rights! You have the right to be as ignorant as you wish and are. The people of Maine however, saw the value in not letting your ignorance harm others. Have a great day being miserable!
July 15, 2010 at 6:39 AM Report abuse
tim said...
Biddy, everyone should get millions along with all the government entitlements. It's an endless pot of money that we have in this country. Why doesn't everyone quit looking for a handout and just go to work? Clearly, the airline industry hires gay men. Sometimes one has to move along to a different employee.
July 15, 2010 at 6:49 AM Report abuse
ElSkipper said...
"Biddy said... No, that's discrimination too. Remember he was fired. The company took care of that one." Not so fast Biddy, that's not what he was fired for. His behavior was allowed but as soon as the discrimination went the other way a lawsuit was initiated. Those women wouldn't have been able to do that and you know it.
July 15, 2010 at 6:54 AM Report abuse
Biddy said...
The women didn't have to pursue a lawsuit because the man was fired. There are lawsuits filed all the time by women both for sexual harassment in the workplace as well as discrimination. Under the current law a straight person would be able to sue a gay employer based on discrimination in hiring and promotion practices. That wouldn't have been possible before sexual orientation was added to the civil rights law. So the law cuts both ways.
July 15, 2010 at 7:04 AM Report abuse
ElSkipper said...
Avoiding the issue as usual Biddy, the man wasn't fired for discriminating against women. His behavior was allowed.
July 15, 2010 at 7:11 AM Report abuse
Biddy said...
U of A. This article has nothing to do with SSM. It's about a law that Mainers APPROVED!! In other words it passed and is law!! And you can personally attack me and liberals all you want. That's what your side of the aisle has perfected to an art form. When you can't make a valid point or can't accept a message, attack the messenger.
July 15, 2010 at 7:15 AM Report abuse
Biddy said...
Read the article El Skipper. The women filed a complaint. The man was fired. It's right in front of you. I will agree the company apparently tolerated the behavior prior to the complaint. In that case it speaks more to lack if oversight of employees by the company than to a state anti discrimination law.
July 15, 2010 at 7:25 AM Report abuse
notspot said...
"Thweetie, I just got the job I always wanted. Puke" Yes, you are.
July 15, 2010 at 7:39 AM Report abuse
Citygirl said...
Seems like an awfully high settlement award if lost wages was only 47K.
July 15, 2010 at 7:46 AM Report abuse
ElSkipper said...
And the 3 women got????
July 15, 2010 at 8:02 AM Report abuse
BSmart said...
Sadly, this is the problem with "anti-discrimination" laws. It becomes just one more way for people and lawyers to cash in. Doesn't a million bucks seem like a bit much here? Maybe the guy was the right fit for the job, maybe not but do we really want the courts deciding who gets promoted and why? Don't like your job? Feeling mistreated? FIND ANOTHER JOB instead of running whining to a lawyer. By the way, the whole "discrimination" thing is just a straw man argument anyway. We "discriminate" every time we choose between brands of milk at the store. Everyone makes choices (discriminates) based on their own set of values and experiences. No court will ever change that. Might not be fair but as my grandpappy used to say, "life's not fair".
July 15, 2010 at 8:04 AM Report abuse
Biddy said...
Great BSmart. We'll remember that the next time you complain about the President. You guys lost that election. Now changes are being made you don't like. But "Life isn't fair". Maybe you guys should find another country.
July 15, 2010 at 8:14 AM Report abuse
ElSkipper said...
The gay man got 1 million because he is gay. The women got nothing and there were 3 of them that were discriminated against. Fair, yeah right!!
July 15, 2010 at 8:21 AM Report abuse
T2 said...
Having been through a process sort of like this I can tell you the judgment is extremely lopsided. To me the lopsidedness is in the amount. An activist judge at work no doubt.
July 15, 2010 at 8:35 AM Report abuse
notspot said...
"Having been through a process sort of like this I can tell you the judgment is extremely lopsided." T is gay?
July 15, 2010 at 8:50 AM Report abuse
amVuZmEyMg%3D%3D said...
Congrats for standing up in what you believe in! I've had the great pleasure to work with Mr. Russell for the years he was with the company and i can't think of a more qualified and deserving candidate for the job. Knowing Mr. Russell personally it wasn't about the money, that's not him. I've also worked with the other manager they speak of in the article and after he was let go, the place just wasn't the same which lead to most of us long term employees that had been there for anywhere between 5-15 years to start leaving the company. He was a wonderful manager in my eyes along with the majority of my co-workers. Yes he did get fired shortly after but had nothing to do with the lawsuit. The men that got the job were qualified. As far as the three woman they speak about, that case was pretty much kept hush hush and we weren't made aware of specific details just that they didn't walk away with nothing. Congrats on now getting the job you so rightly deserve!!!
July 15, 2010 at 8:58 AM Report abuse
AXeL said...
Libs like Biddy and Notspot travel the high road, but did anyone else notice how quickly Biddy over-explained how he was NOT GAY? And look at Notspot "accuse" T2 of being gay. Tongue-in-cheek, yes, but the humor contains a kernel of truth. That homosexuality makes them uncomfortable is readily apparent. Oh, did I mention I have gay friends? Hahahahaha!
July 15, 2010 at 8:59 AM Report abuse
ElSkipper said...
" Not that there's anything wrong with that."
July 15, 2010 at 9:07 AM Report abuse
notspot said...
aXEL...You are over analyzing my comment...I ALWAYS like to poke fun at T because she is so steadfast in her beliefs. Black and white, no gray. Though I will admit growing up I was uncomfortable with the thought of homosexuality and would respond with misguided humor and remarks...But maturity that came with age and knowledge have led me to believe that if you ain't hurting me why should I care anyone else does or doesn't do.
July 15, 2010 at 9:40 AM Report abuse
Page5Girl said...
"And the 3 women got????" what they deserved for not following up with a lawyer. if you can't stand up for yourself, don't expect anyone else to do it for you.
July 15, 2010 at 9:46 AM Report abuse
jake007 said...
but heyjoe,I just read the other day on here that you are a millionare living the life of Riley off the coast of Maine:)
July 15, 2010 at 9:48 AM Report abuse
heyjoe said...
Jake...My new boyfriends mother left him a sizable trust fund so I can live large so to speak....I gotta get to the airport...tootles....
July 15, 2010 at 10:48 AM Report abuse
Sue01 said...
Wouldn't it be great if we could prevent the reliance on stereotypes - again and again? Too ironic that somebody actually mentioned (ALOUD) that they'd hired a 'real man' for the job. To his millions of female movie fans, Rock Hudson was a 'real man.' The original GM's sexual orientation wasn't the problem - his alleged pattern of DISCRIMINATION against those UNLIKE HIM was! Not unlike all those straight white men whose (CENTURIES OLD) hiring patterns stressed candidates meeting three obvious prerequisites: straight, white, and male. Ah, but I digress ...
July 15, 2010 at 11:07 AM Report abuse
jack33 said...
Score one against the bigots. (Lots of snarky heyjoe or bigot comments on here - quelle surprise.)
July 15, 2010 at 11:13 AM Report abuse
Obamination said...
This is a good example of why passing a "special rights" law was a bad idea. It conveys upon certain classes of people a tort remedy (right to sue) that results in the opposite of what was intended happening. By forcing employers and companies to be behooved to try to protect themselves from the new law. Which, as we have seen, can be invoked by anyone, gay or straight, male or female. So business people who want to keep their shirt now have to find a way to "read between the lines" thereby encouraging a more sinister, underground, kind of discrimination than there ever was before. IT IS THE ESTABLISHMENT OF THE REWARD for being discriminated against that's creating the discrimination. Not the other way around.
July 15, 2010 at 11:55 AM Report abuse
tim said...
Why didn't the guy just insist that he was NOT gay? That way he could of had the job, or was he more interested, like so many whiners in this country, to waste so many people's times on non productive arguments instead of going out and working. I have red hair and it is well publicized that in many places, especially Britan, that "gingers" are discriminated against. Shouldn't there be a law to protect redheads? People, especially Biddy, should get off their lazy duffs and go do some work. By the way, lunch over, I have to get back to my job.
July 15, 2010 at 12:12 PM Report abuse
MSH said...
Teenacidy must be very pleased....
July 15, 2010 at 12:19 PM Report abuse
tenacity said...
classic, this is exactly what was predicted that the homosexuals would use their 'special' laws to the disadvantage of society. Three women (who actually have 'gender' status federally) being discriminated against by homosexuals who are not held accountable. Then a new 'special' law is implemented and who's the first to go running to the courts screaming discrimination! Is this what you want people in your "Fairness" mentality? Take a stand for something which is really fair. The same laws for everyone, not special rules for like-minded individuals.
July 15, 2010 at 12:31 PM Report abuse
root66 said...
I dont think they would take a reject like you heyjoe.
July 15, 2010 at 1:44 PM Report abuse
Wally2468 said...
Maybe the people that were promoted were more qualified, but that doesn't matter to the PC. Next promo that comes up in my company, I'm going to to start wearing a dress to work. They'd better promote me, or I'll be a millionaire!
July 15, 2010 at 2:27 PM Report abuse
Biddy said...
My whole point in making that comment Axel, was to show that there are gay AND straight that support anti discrimination laws. U of A made a typically inaccurate and ignorant comment and I corrected him. You morons should learn to think before you shoot your mouths off. Equality should concern ALL of us.
July 15, 2010 at 2:43 PM Report abuse
tenacity said...
biddy how about polygamy? why should someone be denied the right to marry someone already married?
July 15, 2010 at 2:50 PM Report abuse
Biddy said...
tenacity. The issue with polygamy is that women are being forced into marriages they don't understand or want to be in. Young girls are often victims because western and southern states have lower ages of consent. But it's interesting you bring that subject up because many of your comments reflect a religious "cult" mentality that is the instance where the greatest abuses take place with polygamy.
July 15, 2010 at 3:00 PM Report abuse
tenacity said...
so biddy you're against polygamy? If three people WANT to have an union - why not?
July 15, 2010 at 3:06 PM Report abuse
Biddy said...
tenacity. I think I laid out my reasons. There are very few people involved in polygamy and most of those are involved in cults. There have been too many instances in these cults or polygamist colonies of abuses. I'd feel the same way about that if it involved gay or heterosexuals. Perhaps you have some examples of polygamy where children aren't involved or there isn't coercion used?
July 15, 2010 at 3:15 PM Report abuse
beulah said...
Sounds like a dammed if you do, dammed if you don’t case to me. What was Express Jet suppose to do? Personally I think this is a total waist of time and money. Now Express Jets prices will go up, Thanks!!
July 15, 2010 at 3:42 PM Report abuse
beulah said...
Sounds like a dammed if you do, dammed if you don’t case to me. What was Express Jet suppose to do? Personally I think this is a total waist of time and money. Now Express Jets prices will go up, Thanks!!
July 15, 2010 at 3:42 PM Report abuse
DavidinPlnd said...
I'm always happy to see the system work. I love Maine and our progressive policy.
July 15, 2010 at 5:12 PM Report abuse
DMAN0990 said...
Having worked for Expressjet, I would like to know how they lost this case. I know several gay/lesbians who have been promoted to management. It has always been Expressjets policy to not promote from within a station due to relationships that would have developed between co-workers overtime. One thing we have always been told is if we want to advance within the company we would have to move out of our cities. I hope that Expressjet appeals this verdict and wins.
July 15, 2010 at 5:45 PM Report abuse
lisap said...
the usual inane comments from the low IQ and/or bigoted crowd...
July 15, 2010 at 5:58 PM Report abuse
v255504 said...
So now when a qualified white male is passed over for a promotion that went to a minority or women they can sue. Life is good !!!
July 15, 2010 at 7:59 PM Report abuse
Do2nT said...
How, exactly, are we supposed to KNOW this guy was/is gay? Does he have some kind of permit or doctor's script?
July 15, 2010 at 8:26 PM Report abuse
antiwhine said...
I don't know this man and neither do most of these posters. Only the people who worked closely with him know the FACTS. Was he a good person? Was he congenial with his co-workers and superiors? Were his work ethics worthy of a promotion? OR, was he a defensive "whiner" from day one? Did he cause problems for others? Did he have an obnoxious attitude? I have seen people passed over for promotions because of their own personality problems. I have no problem with gays, but when a person is all consummed with their sexual preference, their race or religion, it's very difficult to treat them as just a "person", who may indeed have undesirable qualities that have nothing to do with sexual preference, race or religion. This may have been a true discrimination case or not. Why must we walk on eggshells around obnoxious gays, but obnoxious heterosexuals "get what they deserve"? As commenters, we don't have enough facts to judge this man's situation. He is a PERSON, not just a homosexual.
July 15, 2010 at 10:17 PM Report abuse
grumblestilt said...
"Only the people who worked closely with him know the FACTS." Actually, the jury - by definition - was forced to understand the situation. They talked to his peers, his supervisors, and read his resume and his files and all that. They found out and determined he was wronged. Anyone who loves America, respects our legal system (seriously, if you don't like our constitution or our democratic republic, then please leave) and our legal system determined he was - like so often happens - the victim of bigotry. Twelve mainers found he was wronged. If you don't like it, move to Iran or somewhere that fits your hateful view of the world.
July 15, 2010 at 11:33 PM Report abuse
Jim said...
But Biddy, you miss THE POINT: the whole problem began with a gay manager refusing to hire non-gays. I lie; you didn't miss that. You just ignored it.
July 15, 2010 at 11:41 PM Report abuse
karen said...
Ed is awesome he deserves every penny he can get!
July 16, 2010 at 12:54 PM Report abuse
TUVSVVNI said...
I can say from personal experience that the company does discriminate against certain people. If you are not one that will suck up to the boss or other things, you won't get anywhere with the company. Mr. Russell deserved the job. He stepped up to the plate when the general manager left a note on the desk saying he was quitting, by the way, the company packaged him out after that, but Mr. Russell remained there until the job was filled by someone else. It doesn't matter if you are gay or straight, black or white, if you deserve the job, you should be considered for it based on your ability to do the job.
July 16, 2010 at 10:13 PM Report abuse