Gay, Disabled Worker Sues Town for Discrimination
A longtime Grand Island wastewater plant employee alleges years of anti-gay harassment, retaliation, and disability discrimination.
An employee at a wastewater treatment plant in suburban Buffalo has filed a federal lawsuit alleging that he was discriminated against because he is gay.
The co-worker’s negative reaction was so noticeable that other employees asked Burns about it. After Burns married his husband in August 2021, another employee mentioned the marriage at work, and the co-worker allegedly responded by making vomiting noises.
The lawsuit also claims that a separate co-worker disparaged Burns with “overtly homophobic slurs” and attacks on his competence.
That same co-worker allegedly filed a false report with the New York State Department of Environmental Conservation (DEC) spill line, claiming that Burns had discharged sludge into a storm sewer leading to a nearby creek and wildlife preserve. The DEC investigated and found that a small sludge spill had remained on site, never entered the stormwater system, and posed no environmental threat.
Meanwhile, Burns claims the town of Grand Island passed him over for advancement despite his licensing qualifications while promoting less-qualified employees.
Burns, who has a disability, claims his physical symptoms, including severe nosebleeds, worsened because of the work environment and the stress he endured. In September 2024, he began regularly using a disability parking placard at work, which allegedly led to further harassment, retaliation, and discrimination.
In addition to the town of Grand Island, Burns’ lawsuit names his supervisor, Town Engineer Robert Westfall; Town Supervisor Peter Marston; and Town Councilmember Thomas Digati as defendants in both their individual and official capacities.
Burns has requested a jury trial and seeks a declaration that the defendants violated his rights as both a gay man and a disabled person under federal and state law. He is also seeking compensatory and emotional distress damages, back pay, front pay, attorneys’ fees, and any other relief the court deems appropriate.
You must be logged in to post a comment.