New complaint from HIV-positive gay man moots Postal Service’s attempt to dismiss lawsuit

PHILADELPHIA – A federal judge has labeled as moot a dismissal motion brought by the United States Postal Service (USPS), in response to a lawsuit filed by a former USPS worker who claimed he was discriminated against and fired for being gay and HIV-positive.

John Doe first filed a complaint on Dec. 13 in the U.S. District Court for the Eastern District of Pennsylvania, versus the USPS and Postmaster General Megan Brennan, alleging wrongful termination based on disability and sexual orientation.

Doe said he began working for the USPS in 2007 as a letter carrier and alleges in his complaint that he was bullied, disciplined more harshly than other employees and experienced verbal abuse by co-workers, including being called a “fruitcake” and “homo.”

He alleged he was fired on Aug. 9 over allegations of harassment, for which he was later found not guilty.

On Feb. 14, the USPS and Brennan filed a motion to dismiss the complaint with prejudice for failure to state a claim, charging that exclusive remedies provided by Title VII and the Rehabilitation Act cover the plaintiff’s discrimination claims and neither defendant was personally involved in the conduct alleged.


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