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Foot Locker agreed to settle before a trial was scheduled
health & sports
Foot Locker settles gay discrimination suit
Sporting goods chain will begin sensitivity training for managers and employees
Published Thursday, 23-Dec-2004 in issue 887
COLUMBIA, S.C. (AP) – Foot Locker, the sporting goods chain, has agreed to pay a gay former employee an undisclosed amount to end a bias suit.
Kevin Dunbar, 26, launched the suit in June, claiming the company subjected him to harassment from his coworkers, supervisors and customers and then was fired.
The suit alleged that when Dunbar formally complained that he was being harassed the discrimination grew worse. His suit says that he was transferred from one store location in Columbia 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.”
Foot Locker, Inc., which has a non-discrimination policy that includes sexual orientation, denied Dunbar was either harassed or fired because he complained. Represented by Lambda Legal and with threats of a possible gay boycott in place, Dunbar went to court.
Before a trial was scheduled, Foot Locker agreed to settle.
The settlement agreement brings to a close a lawsuit Lambda Legal filed on Dunbar’s behalf this summer. The lawsuit argued that Foot Locker 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.
Under the terms of agreement, in addition to the monetary settlement, Foot Locker will train its managers and employees more aggressively about anti-gay harassment, including emphasizing to its employees access to support and services to handle such harassment cases in the future.
“Kevin Dunbar’s nightmare can’t be undone, but helped make one of the country’s large employers a better workplace for gay people. All across the country, lesbian, gay, bisexual, transgender people face discrimination or harassment at work – Kevin Dunbar’s case showed how we can change that when one person stands up and demands fairness,” said Lambda lawyer Greg Nevins.
Foot Locker also agreed that all employees will be informed on a quarterly basis that any instances or claims about harassment and discrimination based on sexual orientation can be reported to the company’s existing 1-800 number, which is staffed by HR professionals at a national level to ensure that employees with problems at a local level can seek help from corporate headquarters.
“I am very pleased to have this over and to be able to move on with my life,” Dunbar said in a statement. “No one should have to go through what I experienced and now, hopefully, no one will.”
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