Jury Sides with AA in Discrimination Case

It was not racial discrimination when American Airlines fired a black employee for addressing a co-worker with an offensive euphemism for homosexual, a jury in St. Louis County Circuit Court decided Thursday.

Lamonte Young, who had been a ramp worker for American at Lambert Field, challenged his dismissal. He insisted that the target of his comment, who is white, had provoked the 2002 exchange with a condescending attitude and derisive reference to his being black.

After 90 minutes of deliberation, 10 of the 12 jurors found in favor of American and against Young. Nine jurors are needed to reach a verdict in a civil case.

Gerard T. Carmody, a lawyer for American, told the jury that race played no part in Young's firing. A company committee had recommended dismissal because Young admitted using an anti-gay term in violation of a zero-tolerance policy adopted earlier in 2002 toward hate-related or discriminatory comments and behavior.

American has terminated more than 100 employees, including some managers, under the policy, Carmody said. He noted that the greatest number of cases involved whites making racial comments toward blacks, followed by workers making derogatory comments toward gays.

Young's lawyer, Lee Clayton Goodman, sought his client's reinstatement to the job he held for seven years, plus back wages and compensation for emotional distress. Young has now lost the case at three levels -- in an internal appeal, in arbitration and in court.

According to the lawsuit, Young was in a break room at Lambert on Oct. 9, 2002, when co-worker Kevin McAndrew used a profanity in telling him to get off the telephone; Young admitted replying with a profanity and anti-gay term. Young claimed that McAndrew also called him a "black (profanity)."

In the arbitration hearing, McAndrew denied making that comment. He was unavailable for the trial.

Chris White, an employee who said he witnessed the epi-sode and reported Young to his bosses, recalled that McAndrew was crying when he left the break room.

White said he warned Young that the anti-gay term was the equivalent of a harsh anti-black epithet.

The committee that enforces the airline's anti-discrimination policy recommended that Young be fired, that McAndrew get a warning letter and that White get counseling to learn how to better handle such confrontations.

Goodman insisted that Young did nothing wrong and had a good work record in seven years at the old Trans World Airlines and then American.

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