Wednesday, January 17, 2007

There is no guarantee that Mr. Charney will see one cent from his lawsuit, even if he is vindicated, but that doesn't stop newspapers from speculating. I find that rude and sensationalist. I don't mind saying that there is some suggestion of homophobia in the notion that Charney is an "opportunist." What gay professional would do this, unless he were left no recourse? Why have laws to protect against discrimination if enforcement of the underlying policy leaves on open to such an accusation? He's a fourth year associate in the Mergers and Acquisitions practice at Sullivan & Cromwell who received consistent, unqualified rave reviews for his work, until the events described in the lawsuit began. But he didn't run to court. He filed his complaint internally and give the firm a chance to clean up their act. Did they? With the education and employment experience he had under his belt, Charney could have written his ticket, why would he sabotage his hard-earned success? It makes no sense. I'm giving him the benefit of the doubt.

The naysayers should ask themselves why it is PERFECTLY LEGAL in 33 of 50 states to fire an employee because he or she is gay or lesbian. That's right. An employer can legally terminate employment in 33 states in this country with the words, "Your employment is being terminated because you are gay." New York, thankfully is not one of those states, but the value of New York's laws protecting against sexual orientation based discrimination in employment is directly related to the willingness of those mistreated by their employers to step forward, lodge complaints and file lawsuits. Aaron Charney is doing what we all expect him to do. He is doing this for himself, but he is also doing it for every hard working gay or lesbian attorney out there. So benefit of the doubt is the least we can give him. The offending quote from The [London] Times is below. The whole article is here.
New York’s army of legal bloggers have, so far, avoided taking a stance on the issue but their readers have shown no such restraint. Responses to news of the lawsuit on Above The Law and The Wall Street Journal law blog varied from encouragement to contempt. Mr Charney, who has recently set up his own website, has been branded an "opportunist" acting out of a selfish desire for "money and publicity". But other, mostly anonymous comments, expressed sympathy for Mr Charney and his case suggesting that Sullivan & Cromwell partners considered themselves "above the law".

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