Articles Tagged with constructive discharge

Hunter Dragon worked as a cleaner, and later an expeditor, at SCA in Windsor, Connecticut. Not long after Dragon started working at SCA, as alleged in his Amended Complaint , his coworker F.M. (who was not identified in the Complaint by name) asked Dragon, in front of several coworkers, whether he had a girlfriend. Dragon forthrightly told F.M. that he was gay. F.M. and his friends thereafter began a campaign of near-daily harassing “jokes,” gestures and comments directed at Dragon based on his sexual orientation—for instance, frequently asking Dragon how his girlfriend was doing, who he was having sex with, or who he would “chaga-chaga” with—while thrusting their hips or making other gestures referring to sex.

Even as he publicly mocked Dragon with his friends, F.M. sent Dragon messages coming on to him sexually—telling Dragon he was cute, and saying he wanted to “hook up.” The two did hook up—but afterward, F.M.’s behavior became menacing: he threatened to kill Dragon if he told anyone about their encounter. Dragon was terrified that F.M. would follow through on his threat.

The Complaint alleges that F.M’s harassment only intensified after these events. The very next day at work, F.M. asked Dragon if he was pregnant in front of several coworkers in the locker room where employees were required to gown up for their work. Over the following months, he repeatedly called Dragon homophobic slurs, including “fag,” “queer,” and “gay,” for example, “here comes the fag.” F.M. and his friends regularly asked Dragon if he was pregnant, and mocked his mannerisms by imitating him in an exaggerated, gay-stereotyped way. F.M.’s ongoing harassment of Dragon also became explicitly sexual—for instance, on more than one occasion F.M. rubbed his genitalia over his pants while staring at Dragon, including through a workstation window. He often stared at Dragon while Dragon was changing clothes in the locker room, even though F.M.’s own locker was on the other side of the locker room, away from Dragon’s. On one occasion, F.M. approached Dragon’s workstation and told him, “look down,” gesturing to his groin. Dragon couldn’t avoid seeing that F.M. was pointing to F.M.’s erect genitals in his pants. Dragon told him “no, please go away.” F.M. continued to tell Dragon to “look at it.”

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