Jeffrey S. Downs says he never set out to be an LGBT crusader, but his alleged encounters with anti-LGBT bias at two Center City law firms thrust him into that role.
The openly gay attorney claims anti-LGBT bias cost him a job at the Anapol Schwartz law firm and derailed a job offer from the Raynes McCarty law firm.
He’s seeking in excess of $6 million in damages, and the first of two trials in his case began this week in Philadelphia Common Pleas Court.
A jury of seven women and five men must decide whether to hold Anapol officials liable for allegedly defaming Downs and interfering with his livelihood.
Downs alleges that Anapol officials spoke about him in a defamatory manner to Raynes officials in March 2012, causing Raynes to withdraw a lucrative job offer.
The alleged wrongdoing resulted in a lengthy period of unemployment for Downs, and necessitated a refinancing of his home to make ends meet.
During a break in the trial, Downs said he never aspired to the role of LGBT crusader, but he won’t shrink from it.
He said his ordeal with the law firms has renewed his commitment to working for LGBT rights on the state and federal levels.
“The only way that change is made is to speak out,” Downs told PGN.
His attorney, Michael A. Bowman, told jurors that Downs isn’t the type to pick a fight. “But he’s no shrinking violet,” Bowman added. “Jeff will stand up for himself.”
Downs maintains it was appropriate for him to speak out against the anti-LGBT bias that he encountered at Anapol because it was prevalent and unprofessional.
Examples of anti-LGBT bias at Anapol, according to Downs, included offensive stereotypical comments about gay men: a preoccupation with oral sex, a lack of stability and a propensity to drink alcohol and prey on children.
Rather than putting an end to such workplace bias, Anapol officials allegedly besmirched Downs’ character and reputation to Raynes officials.
But defense attorney Gaeton J. Alfano painted a very different portrait of Downs.
Alfano told jurors that Downs made an unreasonable request of $80,000 from an Anapol official in March 2012, told the official to keep it a secret and also threatened to sue the firm for discrimination if he didn’t get the money.
Alfano said Downs betrayed the trust of Anapol officials and that they acted responsibly by informing Raynes officials of his behavior.
“Our case is about telling the truth,” Alfano told jurors. “The only thing my clients did — putting aside fancy terms like tortious interference — is that they told the truth.”
The trial is expected to last about 10 days.
In August, another trial is set to begin in federal court on the discrimination and retaliation components of Downs’ case.
Downs, 45, said he’s eager to be vindicated at both trials, but that he sees himself more as a survivor and not a victim.
He said the actions of Anapol and Raynes officials had a devastating effect on his career, but that he’s also looking to the future with optimism.
“I’ve picked up the pieces as best I can, and I’m moving on,” Downs said.
He’s currently employed at a law firm in Delaware County that he says is very supportive. But he wouldn’t rule out the possibility of working at Raynes someday, if he receives another job offer.
“I’ve seen attitudes [about LGBT people] change over the years,” he said.