A judge has cleared the way for openly gay attorney Jeffrey S. Downs to have his day in federal court.
Downs claims that officials at two Center City law firms retaliated against him by withdrawimg a lucrative job offer after he asserted his right to a bias-free work environment.
The firms, Anapol Schwartz and Raynes McCarty, deny the allegations. They sought to have Downs’ case dismissed by U.S. District Judge Luis F. Restrepo.
But on Aug. 12, Restrepo said Downs provided enough evidence of retaliation for his case to move forward to a jury trial.
Downs, 46, worked at Anapol for about four years, between 2008-12. He contends that ongoing antigay bias at Anapol made his job intolerable. But when Downs tried to get a new job at Raynes, Anapol officials allegedly told Raynes officials he planned to sue for antigay workplace bias. Raynes promptly withdrew a job offer, according to court records.
Downs denies planning to sue Anapol at that time, but he acknowledges raising concerns about antigay bias at the firm.
He also contends that Anapol retaliated against him for filing an internal anti-bias complaint by failing to promote him; failing to pay him commensurate with his skills and contributions; delaying and denying expense reimbursements; arbitrarily taking attorney’s fees from a case involving Downs’ relative; and failing to give adequate administrative and other paralegal support.
Jury selection will begin 10 a.m. Sept. 11 at the U.S. Court House in Center City.
But the trial will be limited in scope, because Restrepo dismissed Downs’ additional claims of antigay bias, defamation and false-light invasion of privacy against the law firms.
Last spring, Downs lost a state-court trial against Anapol for allegedly interfering with his livelihood. However, Downs’ retaliation claims weren’t litigated during the two-week jury trial.
He’s suing for more than $75,000 in damages, but an exact amount hasn’t been specified. The trial will begin with a liability phase. If jurors rule in his favor, the trial will proceed to a damages phase.
John A. Gallagher, an attorney for Downs, applauded Restrepo’s ruling. Gallagher didn’t represent Downs during his state court trial.
“We’re impressed with Judge Restrepo’s earnest and thorough recitation of the facts, and his adroit application of those facts to the law of retaliation,” Gallagher told PGN. “We are gratified that Judge Restrepo has appropriately seen fit to permit Mr. Downs to pursue that which every plaintiff seeks — a full and fair adjudication of the merits of his or her claim.”
Attorneys for Raynes and Anapol had no comment for this story.