State officials recently asked a federal judge to dismiss the antibias suit of Michael J. Semian, a gay man who claims homophobia contributed to his firing as administrator of a veterans’ home in Scranton.
From June 2010-October 2015, Semian served as “commandant” of the Gino J. Merli Veterans’ Center. His employer was the state Department of Military and Veterans Affairs, which is a named defendant.
Semian filed suit in July, alleging that homophobic superiors blamed him for problems at the center that were beyond his control — an allegation that state officials emphatically deny.
The center, which encompasses four city blocks in downtown Scranton, houses 196 veterans and their eligible spouses.
Scranton is located in northeastern Pennsylvania, about 125 miles north of Philadelphia.
State officials claim Semian wasn’t an effective administrator of the Merli Center.
A recent defense pleading states: “During [Semian’s] tenure as commandant, the facility failed numerous inspections conducted by the [state] Department of Health, resulting in the facility eventually being given a Provisional 4 license to operate — meaning if the facility did not solve its licensing issues within six months, the facility would be closed. As a result of his inability to effectively manage the facility, Mr. Semian was relieved of his duties. No improper motive for his termination existed.”
However, attorneys for Semian claim he was the “fall guy” for incompetent staffing decisions made by Semian’s superiors.
“[Semian] continuously complained to his superiors that a competent and effective director of nursing and [an] infection-control and wound nurse were critical to the health-care needs of the resident veterans at the Gino Merli facility,” attorneys wrote. “Despite these complaints, individuals with little or no experience were placed into these critical positions by [superiors]. Semian, a gay man, was targeted to be the ‘fall guy’ as a result of the [superiors’] incompetence and [Semian’s] separation from employment violated his rights in numerous respects.”
Joe Grace, a spokesperson for state Attorney General Josh Shapiro, issued this statement: “We’ll stand on our pleadings in the court record.”
To support his sexual-orientation claim, Semian noted in his suit that he was replaced by a heterosexual male.
“The [department] terminated [Semian’s] employment because of his sexual orientation and did not terminate the employment of similarly situated heterosexual employees. In fact, [the department] treated similarly situated heterosexual employees more favorably,” his attorneys wrote.
In addition to sexual-orientation discrimination, Semian alleges a violation of the state Whistleblower’s Law. He’s seeking an unspecified amount in compensatory damages for physical and emotional injuries, humiliation and damage to his professional reputation.
Semian’s suit also notes his many achievements, including increasing revenue to the center about $350,000 by focusing on skilled nursing care rather than personal care.
The request by state officials for dismissal of Semian’s suit remains pending with U.S. District Judge Robert D. Mariani.
An attorney for Semian had no comment for this story.