Discrimination At Work Hurts. A Letter from a Reader in NYS. Can You Help?

This is a letter I received from one of my readers:

Robert F. Strait  January 2 at 5:50pm Report

Heres my story:
I'd been dealing with alot of crap the past 2 years plus.

Sexual Orientation Discrimination and Sexual Harassment at my job.

I was hired by a company back in December 2005; the company makes air-conditioning units for 'PUBLIC Transit Subway Cars.'

 I started out assembling cables. Did different jobs while there. I was well crossed trained. My reviews were very good. I was a team player, friendly, hard worker, worked overtime, went places for the company, mowed the lawn, and painted the walls and floors. I would buy pizza, coffee & donuts for my co-workers.
Some of the employees knew me from outside of work, before I even started working there.... So they knew I was 'gay'.
I did not wear my sexuality on my sleeve and I wasn’t ashamed either. I didn’t care if my co-workers knew I was gay. I didn’t come out and say, I’m here, I’m queer, get used to it. 

 I was there to do a job, a job I got paid for doing. 

My trouble started after co-workers began telling newer employees I was 'gay' that was when a female co-worker, exposed herself and grabbed me.

She grabbed my crotch. She felt me up. I was embarrassed. I knew she had done this to others, for I had seen her many times before.

 I told my co-workers and bosses. I was told, it was just who she was. 

While leaving work one day, she was in her car behind me in the parking lot, leaving. I looked in my rear-view mirror and she had lifted her shirt to expose her chest.
It seemed like no one cared that she was like this. For employees were afraid to complain and get fired. Employees afraid of retaliation, like I am facing now. 

I told my co-workers and bosses. They told me to pick my battles wisely. This female worker continued to do things like this until one day, I got fired.

 A witness said this female had been acting this way for the past 5 years or so.
While she was acting out, my co-workers started to call me names. My name of Robert, soon would become Roberta, along with Homo, Queer boy, Tinkerbelle. Soon everyone knew I was gay.

 I still continued to do my job. My partner did get a job there also. He faced some of the same things as I did.

After months, I had enough. After telling my bosses and nothing stopped. I went to 'New York State Division Of Human Rights' and filed a complaint. I went to NYSDHR for help without having to have a lawyer. This was June 2008.
It wasn’t long after I filed my complaint, my co-workers started in on me harder.

Everyday it seemed someone was calling me names. My supervisor told employees, I made a complaint. And now I was the bad guy. I was no longer liked. For me speaking up, it caused me to be hated. Not only did people dislike me for being gay, but now for being a tattle tale.

There was no confidentiality there, by management or employees. No one stood up for their rights. I ended up pulling my back out back in March'08 and it started to hurt again in Aug '08. I went out on Workman’s Comp.
While I was out on Workman's Comp, NYSDHR found probable cause after an investigation.

In Jan '09, NYSDHR sent a letter, stating they found probable cause to go to court. A couple days later, I was fired.

I filed a 2ND complaint with NYSDR for retaliation. As the months went by, a court date was set for April '09. 

NYSDHR assigned me a lawyer to handle the court date. A week before the court date, my former employer wanted to settle out of court. From June '08 till April '09, my former employer didn’t offer to settle my matter in anyway, except tell confidential information to my co-workers. 

I became so disliked!  My once work friends, now wouldn’t talk to me.

After NYSDHR lawyer and I talked, we decided to settle out of court to save face/jobs of my witnesses and myself.

My partner still worked for this company. His treatment got worse. Graffiti was spray painted on the outside of the bldg. Jan, 2009. Also anti gay remarks. Chewing tobacco was spit on his work bench. By me filing a complaint, it caused him trouble. He ended up quitting because of that. 

He couldn’t deal any longer. Our former employer even admitted to NYS Department of Labor, my partner quit due to a hostile work environment. 

My gut feeling was to go to court. It wasn’t about money; it was the principle of the matter.
NYSDHR lawyer said it would be better to settle and move on. My former employer (owner) signed the agreement to settle. 90 days to pay the settlement amount, along with compliance to NYSDHR and offer training of harassment and discrimination.

I never talked about the agreement or the amount that was to be paid. Then on the 89thday, one day before the company was to pay. They filed a lawsuit against me in Court for assumed breach of contract.

They stated that I was telling people about my settlement agreement. I did not speak to anyone regarding the stipulations of the agreement. 

This was in July 09. This was another way of retaliation to get back at me.
Plus when my former employer filed court papers, it became public information. Court & County papers are open to the public. So anyone can read and find out what the agreement said. This treatment has caused me to be open now, willing to share my story. Since my former employer
submitted all the papers of the agreement July 6Th 2009, to the County Clerk’s office. It’s available under the Freedom of Information Act.

I ended up hiring a lawyer to defend myself. Knowing I did not breach the agreement.

After 3 months of doing nothing on my case, I questioned him; he told me if I pushed him, I’d have to find another lawyer. I fired the lawyer. He took my case because he said it was easy and the money would add up. It was never about money. I stand behind my principals.

NYSDHR stepped back in. They filed a motion to intervene. Since it is a State Agency, they should have the right to hold a compliance hearing. If a Judge was to let this case go ahead, then what propose would NYSDHR serve? I went to NYSDHR so this case wouldn’t go to court.

 A Judge was assigned to the case in July 09. In April 2010, he asked to be dismissed from the case!

During the time from July '09, till April 2010, not much happened on the case. NYSDHR did get to intervene. 

While all this is going on with me, my partner filed a complaint with NYSDHR against our former employer. During a fact finding conference with the former employer, their lawyer, NYSDHR, myself (as a witness) and my partner.
Within the 1st 5 minutes. Their lawyer asked NYSDHR if no probable cause was found, could they sue.

My partner and I felt intimidated. My partner didn’t want to have to deal with the same stuff as I did, so he withdraws his complaint. Intimidation? Yes it was. Our former employer can’t take responsibility for their or actions of their employees. I’m still waiting. To see if justice will be served. What good is NYSDHR? If they can’t enforce NYS laws. 

I can’t believe that because I filed a complaint, my life has been affected in such a bad way.
I received a letter from First Deputy Commissioner stating that my ex employer filed for bankruptcy. No truth has come of this as of yet. It has been said that my former employer wants to sue me, because they said I made up the whole bankruptcy story, even knowing it came from NYS.

July, 20th 2010. Judge Mulvey dismissed the case and sent it back to NYSDHR, to hold a Compliance Hearing. To investigate who breached the contract. 

NYSDHR scheduled a compliance hearing for Nov, 8th. 2010 then got pushed back to Dec, 15th. A hearing was held. My former employer had 2 witnesses state they heard me talking about the agreement/settlement. Yet both witnesses did not write a statement, it was written by The Human Resources person. The owners step daughter.

The NYSDHR lawyer presented a copy of the agreement, that my former employer filed July, 6th. Showing the whole Stipulations of Settlement, if they wanted confidentiality then would have not allowed the Courts Clerk Office to scan without a private clause added. 

After the hearing, the Judge and the Lawyer for NYSDHR said they both had their positions cut; my case would be passed onto someone else.

These actions were clearly retaliation for complaining about sexual orientation, discrimination and sexual harassment. 

Now I believe I need to stand up, speak up loud and clear. In hopes others wouldn’t have to be treated the same way as I have been. I am willing to speak so others could learn from what this is done to me.
It’s important to have a voice. Discrimination has to stop.

 I will testify before Congress. I want to leave all this behind me and move on. 

But since this lawsuit, it has made me want to become an advocate for Human Rights, Equality for all, to help stop 'Discrimination.' I am reaching out to all of you, for your help in this matter.
I am not weak; they can-not break me. For I can handle the truth.

Any help you could offer, I would appreciate it.
My hometown newspaper won't even look into this; my former employer labels me as disgruntled! I want Justice and Equality for All. Am I asking for too much?

After I received this post from Robert, This is what I ask of him:
What help do you need? Do you want your full name published?
His response:
Feel free to edit anything you feel needs it.
I am fine with my name being published, after all it's my story and it's what has happened to me. I don't mind sharing if it can help others.
I am still waiting for NYSDHR to see what the next step is.
Either my former employer can pay up or the Commissioner can reopen the whole case.

If this whole mess can happen to me, it can happen to others.
I've asked Lambda Legal for help, they don't take on private cases.

I filed a complaint with NYS Attorney General, only to be told, they only investigate civil rights cases that effect many people not just one person.

So I guess i'm lost as what to do, besides keep telling my little story and see where it gets me.

Robert F. Strait