Jeffrey S. Downs, a gay attorney, says antigay workplace bias and retaliation cost him a lucrative job offer, and he’s suing in state and federal courts.
Between 2008-12, Downs worked at the Center City law firm Anapol Schwartz. In 2012, he was offered a new, higher-paying job at the Center City law firm Raynes McCarty.
However, the job offer was withdrawn after Anapol officials allegedly conveyed to Raynes officials that Downs was planning to sue Anapol for discrimination.
Downs denies planning to sue Anapol. He alleges the false information caused Raynes to withdraw its job offer, resulting in significant financial losses for him.
Downs acknowledges filing an internal antibias complaint at Anapol, citing anti-LGBT bias and harassment at the firm.
Officials acted illegally when retaliating against him for filing the complaint, Downs alleges.
“From the date of his hire, Downs was subject to ongoing abusive comments from multiple shareholders of [Anapol] regarding homosexuals and their alleged behavior,” Downs’ lawsuit states. “Specifically, there were ongoing comments made regarding ‘fags’ and ‘gays having nothing else to do other than giving each other blowjobs’ and statements that Downs should not be worried about his pay and payment of expenses since ‘he did not have a family’ — a direct comment that gay men do not have a family. Further, jokes were made about ‘gay bar hopping’ as examples of the types of things not to post on an [Anapol] Facebook page, ‘especially if you are a teacher,’ inferring that all gays are perverts.”
Downs also claims his salary wasn’t commensurate with that of similarly situated coworkers.
“When Downs complained about the pay differential, he was told by the [Anapol] administration that ‘you are the wrong type of person, and in this case it would not help even if you were wearing a dress,’” the lawsuit states.
Downs says his efforts to establish antibias policies, a mentoring program and an LGBT affinity group at Anapol were rebuffed.
Downs also contends that Anapol and Raynes officials defamed him by making false and malicious comments, including that he tried to “shake down” Anapol.
Downs currently works at a law firm in Delaware County, where he earns substantially less money, according to court papers.
In a statement to PGN, Downs said he looks forward to being vindicated.
“I’d also like to fight the battle to end discrimination and retaliation based on protected activity across the country, and assist getting the federal Employment Nondiscrimination Act passed, so that lesbian, gay, bisexual and transgender workers are protected,” he added.
Downs’ case in Philadelphia Common Pleas Court remains pending before Judge Kenneth J. Powell Jr. A date for jury selection hasn’t been set.
Downs’ case in federal court remains pending before U.S. District Judge Luis F. Restrepo. Jury selection is set for Aug. 10.
Gaeton J. Alfano, a defense counsel for Anapol, denied Downs’ allegations.
“Anapol Schwartz values inclusiveness and diversity,” Alfano told PGN. “The firm has not discriminated against anyone.”
Howard M. Klein, defense counsel for Raynes, also denied Downs’ allegations.
“This matter remains in suit and we will not comment on the litigation,” Klein told PGN. “However, Raynes McCarty did not and would never discriminate against anyone on the basis of sexual orientation or for any reason. Raynes McCarty embraces diversity and supports LGBT rights and equality.”