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Gay Man Wins Case, Loses Job Anyway


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Gay Man Wins Case, Loses Job Anyway

by 365Gay.com Newscenter Staff

Posted: November 21, 2005 8:00 pm ET

(Seattle, Washington) A federal court has refused to hear a lawsuit by a gay man who won an arbitration ruling that he had been wrongfully dismissed by Alaska Airlines but was not allowed to return to his job.

The airline fired Rob McGuinty after his ex-partner claimed he received health benefits after their breakup. The claim later turned out to be false - an act of revenge by the former partner.

An arbitrator last year ruled that McGuinty, a 22 year veteran of Alaska Airlines, had been wrongfully dismissed and ordered the company to pay him $36,600 in lost wages.

But in his ruling the arbitrator said the airline did not have to reinstate McGuinty because the relationship between the man and the company had been irreparably damaged.

McGuinty appealed to the federal court. U.S. District Judge Ricardo Martinez threw out the case, allowing the arbitrator's decision to stand.

While McGuinty could take the issue to the court of appeals it is considered unlikely.

The case has been closely followed by LGBT civil rights groups which note that McGuinty would never have been fired in first place if he and his ex had once been married to each other.

Alaska Airlines, like many companies, imposes tougher eligibility standards for domestic partners than for married employees.

Had the two men been a legally married couple, and separated, benefits would have accrued until the two were officially divorced.

©365Gay.com 2005


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