Norfolk Firefighter Says City Forced Him Out for Being Gay

UPDATED:  The case against the City of Norfolk is pending in the U.S. District Court for the Eastern District of Virginia under case No. 2:18-cv-00565-HCM-RJK and states that the City of Norfolk violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e, et. seq.  

I recently wrote about the poor scores of cities in the Hampton Roads region on the Human Rights Campaign's Equality Index.  One of the main reasons for the poor scoring was the lack of meaningful non-discrimination protections for LGBT employees.citizens.  Why this is an important issue is underscored by a story in the Virginian Pilot concerning a Norfolk firefighter who is suing the City of Norfolk over his forced retirement from the Fire-Rescue department for being gay.  From my own experience with anti-gay Norfolk police officers who viewed gay bashing as a sort, I find the allegations all too believable.   The real solution is to have the Virginia General Assembly enact statewide non-discrimination protections binding on all cities and counties in Virginia.  Sadly, to date, Republicans in the General Assembly have blocked such legislation.   Here are article highlights:

For decades, Scott Phillips-Gartner served as a member of Norfolk Fire-Rescue, first as a 911 operator and later as an assistant fire marshal and bomb squad technician.  But then in October 2014 he married his longtime boyfriend, leading his bosses to find out he was gay.

Phillips-Gartner, 55, says the department ultimately stripped him of his rank and directed him to start working out of a temporary facility miles away from his usual office “with little to no job duties.”  “This was not the way he wanted to leave,” said attorney Barry Montgomery, explaining his client retired earlier this year amid threats he’d be fired if he didn’t. “It was humiliating.”

Phillips-Gartner is suing the city of Norfolk, accusing the department of creating a hostile work environment. The suit also alleges the city discriminated against him due to his gender – because he would have been treated differently if he were a woman who’d married a man – and retaliated against him for complaining to the U. S. Equal Employment Opportunity Commission. 

Norfolk implemented policies in December 2016 that prohibit employees, contractors and volunteers from discriminating against a person because of his or her sexual orientation, among other things. The City Council put similar protections into law in early 2017. The suit alleges Phillips-Gartner was well regarded in the department until October 2014, when he notified the city’s human resources department he had married his boyfriend. The suit said Battalion Chief Roger Burris verbally attacked Gartner throughout 2015 and generally treated him less favorably than heterosexual male employees. During a staff meeting that December, he specifically attacked Gartner's sexuality – asking “Where is Ms. Gartner?”

Gartner complained about Burris’ comments, prompting Fire Chief Jeffrey F. Wise to look into what was happening.

Things didn’t get better. The lawsuit said Wise “routinely belittled Gartner in front of colleagues” during the first three months of 2016.

Gartner subsequently complained to Norfolk's then-city auditor, John Sanderlin. Montgomery said he didn’t take action either.

The suit said Wise stripped Gartner of his law-enforcement powers in March 2017, as well as his city firearm, computer and cell phone. He was barred from using city vehicles and denied routine bomb squad training, the suit said.

The suit said Wise advised Gartner in November 2017 he wanted to fire him. In turn, Gartner “reluctantly” put in for retirement on Dec. 7, 2017. His last day was supposed to be Dec. 31, but it was eventually extended to January 31. “This disrupted his whole life,” Montgomery said.

Frankly, it sounds like Messrs Burris and Wise need to be fired and made an example for other homophones and bigots. 

Hampton Roads Continues to Fail the LGBT Equality Test

While the administration of Virginia Governor, Ralph Northam has been pressing an "all welcome" campaign and has sought to see statewide LGBT non-discrimination protections enacted - the effort died in 2018 when the legislation was killed by a small cabal of Republicans (including John Cosgrove of Chesapeake - the least LGBT friendly city in the region) - the local cities in Hampton Roads continue to score poorly on the Human Rights Campaign's yearly municipal equality index.  Every area city scored well below the national average.  The reality is that that to compete on a national and global level for the growing, progressive businesses of the future, much needs to be done if Hampton Roads is to truly be competitive.  Between the region's lack of a decent mass transit system and unwelcoming climate, it's little surprise that Amazon chose Northern Virginia - whose cities score more than 30 points higher - over Virginia Beach for its new headquarters.   While progressive compared to the reactionary backwaters of Southwest Virginia, Hampton Roads will never achieve the economic and social prominence it aspires to unless and until its cities (i) work cooperatively, and (ii) put in place laws and policies that bar discrimination.  A piece in the Virginian Pilot looks at the disheartening Equality Index scores:

How LGBTQ friendly is Hampton Roads? Not very, according to a recent report from a national nonprofit civil rights organization.

Of the seven cities that make up the region, five – Chesapeake, Hampton, Newport News, Norfolk and Virginia Beach – were included in the Human Rights Campaign's yearly municipal equality index. And all ranked below the national average.

More than 500 municipalities nationwide were scored across five categories assessing how inclusive their laws, policies and services are of people who live and work there.
According to the study, 78 cities received a perfect score – including Birmingham, Ala.; Tucson, Ariz.; and Los Angeles – and 25 percent scored higher than an 83. About 25 percent scored a 36 or lower, and 15 scored a zero.

Cities could earn up to 30 points for their nondiscrimination laws – whether discrimination on the basis of sexual orientation and gender identity is prohibited. A total of 28 points could be earned for the municipality as an employer of people and whether they offer equivalent benefits and protections, and for diversity in their workplaces.

Up to 12 points could be earned for municipal services that ensure residents are included in city-offered services and programs. Another 22 points could be earned for law enforcement, including how hate crimes were reported and the police department’s efforts toward engaging with the LGBTQ community.

Cities could earn up to 8 points for their commitment to pursuing equality.

On average, cities across the country scored 58 points or higher, according to the 2018 report. But across the region, scores were much lower, ranging from 29 to 50.

What Hampton Roads cities lack most, according to the report, is legislation geared toward protecting residents from discrimination in the workplace, housing and public services.

[T]he omission of gender identity and sexual orientation in anti-discrimination laws make residents vulnerable daily.  Transgender residents are the most at-risk community, she said. And if municipalities want to protect all residents, Walls-Beegle said comprehensive LGBTQ protections and public accommodation laws are needed.

As an employer of LGBTQ people, Walls-Beegle said attracting talent from out-of-state is difficult.  "Trying to get people to come work in a growing LGBTQ community – they tell me no because Virginia has no legal protections," she said. 

Of the 11 Virginia cities included in the report, only one – Roanoke, which earned 12 points – scored lower than cities in southeastern Virginia.  Charlottesville earned 75 points and Alexandria tallied 82. Arlington County boasted 92 points.

The highest state scorer was the capital, Richmond, with 94 points. The city recently established a human rights commission and passed legislation that bars discrimination based on sexual orientation and gender identity, Richmond TV news station WTVR reported last month.

Last month, Virginia Beach City Council included an expansion of Human Rights Act in its legislative packet, which requests the General Assembly add sexual orientation and gender identity to the act's anti-discrimination language.

While Virginia may be transitioning to being a "blue state," it still lags behind progressive states on many front.  I find the situation particularly upsetting since my son (who is straight) refuses to move back to Virginia from Washington State since he sees Virginia as backward and bigoted. Sadly, his perception is anything but unique.  I have received calls from a number of LGBT individuals who have received job offers in Virginia and who want to know the state of Virginia's non-discrimination laws.  Many turn down the job offers when they learn the would be losing the non-discrimination protections they enjoy in their current home state.