An Oak Park, Illinois, city worker filed a civil claim against the suburban town saying that he was badgered and dismissed from work due to his sexual orientation (Jaworski, 2010). Michael Aguayo, who began working for the county in 2001 and revealed his sexual orientation to his coworkers in 2007, filed a lawsuit against the town and a few of its employees (Jaworski, 2010).

According to the lawsuit, Aguayo received unfair censure and write-ups. In addition, he was harassed and discharged after coworkers learned of his sexual orientation (Cora, 2010). The suit states that Aguayo was also subjected to insults which created an adverse work environment, causing him to seek medical treatment for psychological and physical illness resulting from the harassment (Jaworski, 2010). For example, some of his coworkers would refer to things that did not work properly in the office as “being gay,” and he was told that certain statements he made about his sexual orientation could get him fired. According to the lawsuit, when Aguayo brought these issues to the attention of the village officials, they did not investigate the remarks, and Aguayo was reprimanded and demoted for raising these issues (Huffington Post, 2011).

Tom Barwin, the village manager, does not accept Aguayo’s complaint of being fired from work, saying: “It’s just false, I am the ultimate authority in termination cases, and I have not signed a termination sheet” (Jaworski, 2010).

Adam Rosen, the communications director of the Service Employees International Union Local 73, said his organization represented Aguayo, who took time off from work after his partner’s mother passed away (Jaworski, 2010). According to Rosen, “Aguayo was terminated Feb. 10 and reinstated after union representatives met with the village” (Jaworski, 2010). Aguayo’s attorney said that “Aguayo was dismissed over a Family Medical Leave Act dispute and then reinstated” (Jaworski, 2010).
Aguayo is asking for compensation due to damages with a sum exceeding $600,000. In addition, he is asking for medical and court fees remuneration.
Discussion Questions:
1. Do you think that sexual orientation has anything to do with work performance?
2. What action could the supervisors have taken in order to stop the write-ups and verbal abuse which created a hostile environment?
3. Why might there be a discrepancy in the story told by the employee, Aguayo, versus that of the village manager, Barwin?