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$5 Million Bias Suit Filed Against Wal-Mart

Compiled by GayToday

wal-mart.jpg - 19.45 KSan Francisco-- A $5,000,000 lawsuit against retail giant, Wal-Mart Stores, Inc., was announced Monday. It alleges discrimination, harassment and wrongful termination of a gay employee. The employee's case is being handled by Attorneys Paul Wotman and Tyler Shaw, of Wotman & Kors, LLP.

The lawsuit alleges that Ty'ger Dacosta was called "queer" and "faggot" and told "God does not approve of gays" while he worked at the Wal-Mart store located at 2225 Plaza Parkway in Modesto, California.

The suit claims that Dacosta was subjected to physical threats and increased harassment despite his repeated complaints to management, including the store manager, the district manager and Wal-Mart's corporate employee hotline.

The suit was filed today in United States District Court for the Eastern District of California, and includes claims for sexual orientation discrimination and harassment in violation of the California Labor Code, wrongful termination, assault, battery, intentional infliction of emotional distress, and violation of the California Unruh Civil Rights Act.

The lawsuit seeks compensation for emotional distress, lost wages, statutory penalties, attorney's fees and punitive damages.

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According to the lawsuit, Dacosta was hired in February, 1999, to work as a stocker at the Modesto Wal-Mart. From the outset of his employment, Dacosta was subjected to a pattern of offensive, hostile and harassing anti-gay comments and behavior, the lawsuit says, including being called "faggot" and "queer," being told he had better "watch his back," effeminate flips of the wrist and hands, and comments that men who engage in sex with other men are perverted.

Dacosta was also told that there was a special code used at the store to let employees know whenever there was a "faggot in the aisle," the suit claims.

After making repeated complaints to management, the suit alleges that Dacosta was subjected to increased anti-gay harassment and threats of violence.

In addition to having pallets and other equipment or merchandise thrust at him in a threatening manner, the lawsuit states that Dacosta was told not to go anywhere alone and to fear for his safety because he would be physically attacked by other Wal-Mart employees.

According to the suit, Dacosta was told that he would just "have to deal with it" when he complained to the store manager, and in April, 1999, he was fired.

Paul Wotman has filed many lawsuits on behalf of victims of gay employment discrimination. "Private employers in California must understand that discrimination and harassment in employment on the basis of sexual orientation is a violation of California law," Wotman said.

"No one should lose his job or be threatened with physical violence because he is gay. California employers have a duty to provide all employees, regardless of sexual orientation, with a safe and harassment-free workplace. Wal-Mart is no exception."

Source: Wotman & Koors, LLP

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