White Plains Firefighter Alleges Discrimination Based on Sexual Orientation

A White Plains firefighter has filed a discrimination lawsuit alleging violation of New York’s Sexual Orientation Non-Discrimination Act (SONDA).

Firefighter Steven Saunders, a third generation firefighter, claims he was outed in December, 2008 by Deputy Fire Chief Richard Houlihan. According to his lawsuit, between then and August, 2010, he was subjected to a hostile work environment by his co-workers.

Not all states recognize a cause of action for discrimination based on sexual orientation. In such states, the harassment must be dealt with under tort law (intentional infliction of severe emotional distress, assault, negligent supervision, etc.), or perhaps as a form of gender based discrimination. Federal legislation has been introduced every year since 1994 to make it illegal to discriminate based on sexual orientation, but to date such bills have failed.

Saunders’s complaint included allegations of negligence, negligent training, negligent supervision, negligent discipline of employees, intentional infliction of emotional distress, and negligent infliction of emotional distress.

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For more on New York’s SONDA.