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A 37-year-old Tyler man says the Texas attorney general forced him out of his job because he is gay, according to a lawsuit filed this week in Travis County.
Vic Gardner claims in the lawsuit that he was unfairly disciplined and told by his boss to "not be so out" at work. "It is real un-Texan to run someone out of their job because of the way they were born, not because of the job they do," said Jason C.N. Smith, a Fort Worth lawyer representing Gardner.Smith said Gardner worked about three years for the attorney general, earning about $30,000 a year answering the phone for child-support services. In the lawsuit, Gardner claims that he was "harassed and forced out of his job because of his sexual orientation."A spokesman for Attorney General Greg Abbott said he could not comment on the lawsuit because the agency has not yet received a copy.Smith said Gardner quit working for the attorney general in February after he was disciplined for not answering enough phone calls.A copy of Gardner’s performance evaluation, dated April 16, 2008, and included in the initial filing of the lawsuit, shows that Gardner was given a "very good" overall rating. That level is one step below the highest rating of "outstanding," according to the form.Although federal law does not protect sexual orientation in workplace discrimination, Smith said there is case law in Texas that supports protection for all people, including cases of bias based on sexual orientation.The Equal Employment Opportunity Commission does not track or accept complaints based on sexual orientation because it is not included in federal statutes that prohibit discrimination.ANTHONY SPANGLER, 817-390-7420
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