Discrimination

Economic freedom requires equal opportunity. G&B is committed to litigating the rights of those denied equal rights in the workplace, in housing, and in public accommodations. The firm pursues cases of race discrimination, sex discrimination, disability discrimination and has been a pioneer on sexual orientation discrimination, including claims by gay, lesbian, bisexual and transgendered persons. Some of our sample cases are summarized below:

Jury Verdict in Favor of Transgendered Police Sergeant. A federal jury awarded more than $300,000 in damages to a demoted transgendered police sergeant. Court decisions established use of sex stereotyping as legal theory to protect rights of transgendered workers. Verdict affirmed Barnes v. City of Cincinnati, 401 F.3d 729 (6th Cir. 2005), rehearing en banc denied (Jun 08, 2005), cert. denied 126 S.Ct. 624. Summary judgment decision Barnes v. City of Cincinnati, 2002 U.S. Dist. LEXIS 26207.

Gay teacher reinstated, wins damages. A gay teacher successfully invoked the equal protection clause and won damages and reinstatement to his job at an elementary school. Glover. Trial Court decision Glover v. Williamsburg School District, 20 F.Supp.2d 1160 (S.D. OH. 1998)

Convenience Store Worker Wins on Sex Harassment. Management was held accountable for sex harassment of a store clerk. Principle of constructive discharge clarified. Verdict affirmed Wheeler v. Southland Corp., 875 F.2d 1246 (6th Cir. 1989)

Gay attorney challenges privacy invasion. Attorney Scott Greenwood challenged his discharge from and the privacy invasion by law firm. Greenwood v. Taft, Stettinius & Hollister, 1995 WL 540221 (Ohio App. 1 Dist. 1995).

Sex Harassment of Minor. Bench verdict of $130,000 for parents and teenage daughter who was seduced by her boss and harbored from her parents. Verdict Meyers v. Booher, Part 1, Part 2 (Hamilton County Ohio Common Pleas Court 2004).

Women in Nontraditional Work. Sarah Gable won damages and a court injunction ensuring equal treatment by the Ohio Highway Patrol in its calls for tow services. Verdict affirmed, Gable v. Lewis, 201 F.3d 769 (6th Cir. 2000).

Women in Commerce – on the Golf Course. Many business deals are concluded on the golf course. But many Ohio clubs claimed to be private and therefore free to discriminate against women. A series of cases has opened membership and course access at “private” golf clubs to women across Ohio. Decision In the matter of Tippecanoe Country Club, Inc.

Women in Charter Schools. Privatization did not succeed in eliminating constitutional protection for this charter school teacher who spoke out in favor of her students. The district court held that she had constitutional protections for her speech. Motion to dismiss denied Riester v. Riverside Community School, 257 F.Supp.2d 968 (S.D.OH 2002).

Affirmative Action. G&B has represented the Cincinnati African American Firefighters and Police Officers for more than twenty years in affirmative action cases. Consent decrees and subsequent reforms in hiring have improved diversity in the Cincinnati fire and police departments.

For more cases see resume for Alphonse A. Gerhardstein and Jennifer L. Branch