Two gay men allegedly confronted by security guards at a midtown McDonald’s can go forward with their suit against the security company and the franchise owner, a state judge has ruled. Nicholas Bowling and Roy G. Barton III claimed that they were targeted with anti-gay slurs and threats after the guards saw them kissing while waiting on line for their food.
Justice Doris Ling-Cohan (See Profile) allowed a claim under an anti-discrimination statute, Executive Law §296(2)(a), to proceed against the franchise owner, 220 W. 42nd St. LLC, and the security company, Security USA. In Bowling v. 220 W. 42nd St., LLC, 104717-2009, Justice Ling-Cohan noted that “if an employer fails even to discipline an employee in response to that employee’s discriminatory conduct, the employer may be found to have condoned such improper conduct.” She observed that the franchise owner did not provide proof of a non-discriminatory policy before the incident or evidence of discipline for the guards involved in the matter.
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