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Qwest faces sexual harassment lawsuit

Gay former worker sues; company says it took proper action

Joyzelle Davis, Rocky Mountain News

Published May 24, 2006 at midnight

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Qwest Communications has been sued by a gay former employee who claims the telco didn't do anything to halt the harassment he suffered from his co-workers.

Donald Moreau, 46, worked for Qwest for about six years primarily in the company's listings department before quitting in December because Qwest refused to remedy the situation, according to the lawsuit filed earlier this month in Denver District Court.

Denver-based Qwest, which employs about 40,000 workers nationwide, said it investigated Moreau's claims and took "appropriate action," said spokesman Bob Toevs. He noted that Qwest has "a strong nondiscrimination policy and enforcement," and the company since 1998 has extended health care benefits to gay and lesbian couples.

John Hummel, legal director of the Gay, Lesbian, Bisexual and Transgender Community Center of Colorado's Legal Initiatives Project, or CLIP, claims that while Qwest "has a very good policy" barring harassment, "in practice it didn't work out that way." The center's legal group and Lamda Legal, the nation's largest and oldest gay legal organization, represent Moreau in his suit.

Moreau alleges he repeatedly complained to Qwest's human resources and legal departments after enduring verbal abuse, attempts from co-workers to get him fired and threats of violence. Co-workers repeatedly placed anti-gay pamphlets on Moreau's desk, and one co-worker physically assaulted him, the lawsuit said.

In spite of the harassment, Moreau received "excellent performance reviews and commendations throughout his tenure," his lawsuit claims.

Moreau in 2004 filed a complaint with the Denver Anti-Discrimination Office, which enforces the city's ordinance prohibiting discrimination based on sexual orientation.

The office investigated the complaint and ordered Qwest to provide training to Moreau's co-workers, the lawsuit said. Qwest provided a brief session, which wasn't attended by all of Moreau's office workers and "touched only briefly and obscurely" on the topic of same-sex harassment, according to the lawsuit. Moreau then took a three-month disability leave and quit after Qwest said he must return to the same work group or be fired.

Toevs, who couldn't comment on the specifics of the case, said Moreau's complaint was resolved in a mediation overseen by the Denver Anti-Discrimination Office.

"While it's unfortunate that Mr. Moreau has chosen to disregard his obligation under our mutual agreement, we have fully complied with its terms," Toevs said.

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