Cop Told To "Tone Down His Gayness" Settles Case For $10 Million Following Big Verdict
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After a jury awarded nearly $20 million to a police officer who alleged he was told the command staff had "a problem with [his] sexuality" and if he ever wanted a promotion, he would need to "tone down [his] gayness,” the case settled for $10 million.
The officer in the case, Keith Wildhaber, applied for a promotion to a lieutenant position in 2014. He scored third out of 26 candidates after taking a written test and an assessment. As part of his job as sergeant, Wildhaber checked on local restaurants in the evening as a safety precaution. The owner of one of the restaurants, who is a member of the board of police commissioners, told Wildhaber that "[t]he command staff has a problem with your sexuality." "If you ever want to see a white shirt," or get a promotion, Wildhaber alleged the owner told him, "you should tone down your gayness."
In the suit, Wildhaber alleged he had "continued to be passed over for multiple promotions" and that he was not promoted because he does not conform to the County's gender-based norms, expectations and preferences.
This case deals with an issue that is currently before the U.S. Supreme Court. The Supreme Court heard arguments last month over whether the protected category of sex under Title VII of the Civil Rights Act of 1964 includes sexual orientation and gender identity. The 2nd U.S. Circuit Court of Appeals and 7th Circuit have held such discrimination is sex discrimination prohibited by Title VII. The 11th Circuit recently took the opposition position.
