Anti-gay bias complaint settled against car dealership

By Timothy Cwiek
PGN Writer-at-Large
© 2008 Philadelphia Gay News

A Philadelphia man has received an undisclosed amount of money to settle his bias complaint against a car dealership in Northeast Philadelphia, where he alleged a “pervasive antigay environment” existed.

In March 2006, Patrick T. Johnston filed a bias complaint against Sloane Champion Toyota, his former employer, with the Philadelphia Commission on Human Relations.

He worked at the dealership for several years prior to his termination in 2006, and began voicing complaints about the alleged anti-gay environment at Champion back in 2003, according to PCHR documents.

Sloane Champion Toyota is located on Cottman Avenue near Whitaker Avenue. New and used Toyota vehicles are sold and serviced there.

As a former lot attendant at the establishment, Johnston alleged that he worked in a hostile environment replete with antigay comments and antigay graffiti.

Johnston claimed that some salespeople routinely used slurs against gay men, including “faggots” and “fudgepackers.” Additionally, gay customers allegedly were called “fairies” and other derogatory terms behind their backs, according to PCHR documents.

In January 2006, Johnston submitted a formal complaint to management about the alleged workplace conditions, but he was terminated shortly after doing so, according to the complaint.

Johnston maintained his termination was because of his “sexual orientation and/or perceived sexual orientation and/or retaliation,” documents stated.

Earlier this year, the PCHR, in conjunction with the city Law Department, determined that Johnston probably experienced antigay discrimination at Sloane Champion Toyota.

Such a probable-cause finding is rare at the PCHR.

Since 1982, when the city enacted a gay-rights ordinance, there have been 422 LGBT-related bias complaints filed with the PCHR. Only three of those cases have received a probable-cause finding, including Johnston’s case.

If Johnston’s case hadn’t been settled privately, it might have gone to a public hearing, in accordance with PCHR procedures.

Instead, Johnston’s complaint was formally closed by the PCHR on June 20, as “satisfactorily adjusted.”

Brett Younger, general manager at Sloane Champion Toyota, declined to comment on the merits of Johnston’s complaint. But he said steps have been taken at the dealership to avoid similar complaints in the future.

Younger said all 85 employees at Sloane Champion Toyota receive ongoing anti-harassment and sensitivity training, which includes sensitivity to LGBT issues.

“We value everybody at Champion Toyota,” Younger said. “Everyone is welcome here. I have no qualms whatsoever with any minority group. And that’s been made absolutely clear to all of our employees.”

Johnston couldn’t be reached for comment.

Stacey L. Sobel, executive director of Equality Advocates Pennsylvania, praised the outcome of Johnston’s complaint.

“I’m pleased that PCHR took the time to give serious attention to this case, and that it was resolved,” Sobel said.

It would be a mistake to assume that anti-LGBT bias is a thing of the past in large urban settings such as Philadelphia, Sobel added.

“People may feel that we live in a city where these types of incidents don’t occur,” she said. “But unfortunately, employment discrimination still occurs every day in Philadelphia. Fortunately, we have a Fair Practices Ordinance that prohibits discrimination on the basis of sexual orientation, so that those employees who do face discrimination on the job have the ability to seek redress.”

Timothy Cwiek can be reached at (215) 625-8501 ext. 208.