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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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Last December a neighbor ask if I would follow him to a Harley

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Last December a neighbor ask if I would follow him to a Harley Davidson store where he was taking his Harley to be stored for the winter, this was not the first time he ask me to accompany him to Harley Davidson and I agreed since it was no problem.

After storing his Harley he went to the retail shop to purchase a xmas gift for his mother a cookie jar i believe.

After he purchased the gift the clerk while wrapping his gift began aggressively flirting with this person, part of her verbal flirting was to make the comment multiple times directed at him that implied he was gay.

She stated so many times that he turned to me and made the comment the next time i come into this store I am going to count the number of times she calls me gay.

Her comment to be exact was "That's so gay", being a gay man I find this comment extremely hurtful. Now mind you my neighbor knew of my sexual persuasion being he knew that I am gay.

When she continued her tirade and continued to repeat the phrase even after I told her that her comments are illegal and that I am gay and I would prefer her to cease with the comment or she would be facing potential legal action if she made the comment again I basically threatened to file a discrimination lawsuit.

She then turned to me and stated of yeah well if that is the truth I can be a real bitch, which I did not know what she meant by it but I took it as a threat of physical harm to me. I became very upset.

When we left the store I was so angry and upset I wanted to go back into the store and ask for the manager and report her actions, however my neighbor talked me out of making a scene even though I was clearly very emotionally distraught.

Not wanting to have an escalating scene I agreed to think it through but I could not let it go, we where suppose to go out for dinner and drinks that evening but we ended up going home and I spent the night very angry and disgusted, so I called the store from my home the same evening and spoke with the manager and reported the situation.

Subsequently the situation got to the clerks manager as the manger who I spoke with down played the incident and I did not feel I was going to get any relief from speaking with this person who gave me his e-mail and asked that I send him the particulars and exactly what had occurred. Which I did.

Subsequently her manger was made aware of the situation and sent me a letter of apology and talked up how wonderful this employee was and blah, blah.

I made my case to the manager and was subsequently sent a letter of apology from the Harley employee who asked that i return to the store so she could apologize in person, yeah like I was going back in that store.

I flatly refused to go back to the store and personally don't think I could never go back into another Harley store for the rest of my life as it was like something out of a kkk rally which I stated in my complaint to the manger.

I subsequently offered an apology from her manger who was not in the store that evening and she told me that the employee would be required to attend some sort of training regarding discrimination.

But I am still very pissed as this was a very ugly situation that I cannot put into words, I have the e-mail from the clerk offering the apology, and the e-mail from Harley Davidson informing that this employee would be made to go to discrimination training and apology.

I don't think this is enough, and the only reason why I did not pursue this was because I did not want to have a strained relationship with my neighbor but the damage has already been done.

I don't consider my neighbor a friend any longer because he stood up for the clerk even though he knew I was emotionally traumatized. We no longer are close he is a Marine with Marine One Detachment and I did not want to make trouble for him.

But I am still hurting about this whole f**king mess.
Submitted: 3 years ago.
Category: Legal
Expert:  INFOLAWYER replied 3 years ago.

INFOLAWYER :

Hello, I am legal expert at Justanswer and I will be helping you with your question today.

INFOLAWYER :

what can I answer for you?

INFOLAWYER :

what would you like to achieve?

Customer :

I would like to sue Harley Davidson and that clerk for the emotional distress they caused me. I did nothing wrong I was just trying to help out who I thought was a friend I had no reason to be in that store other than to be a good friend and I don't think they should get off with just some bullshit sensitivity training mean while I am still traumatized by the incident, I can never go back into a Harley Store and I really did love Harley products but not anymore.

Customer :

You would have to have been there to understand the gravity of the situation as it was serious enough that they felt the employee should be sent to racial sensitivity training and she has aknowledge that it did in fact happen as I complained about.

Customer :

I think it is going to happen again. "That's So Gay" is meant to demoralized and humiliate gay people.

Customer :

It was like I was in some sort of nightmare, and I stated that I had been receiving treatment at the V.A. in D.C. for ptsd and if I had not been in treatment I don't think I would be a free man right now as I was very close to jumping over that counter and kicking that little bigot bitches ass. I just can't wrap my brain around this especially in a Harley Davidson store.

Customer :

I think they are expecting a lawsuit and I have no problem with filing one just to bring the attention to the world that the new bigoted statement against gays is "That's so gay" If I had been a parent with a gay child I would be very hurt, if I had been a lawyer I would have been pissed. The use of that phrase in any setting should be banned,. She just as well of said that's so black.

Customer :

I did not deserve it, I did not expect it, it was like being emotionally ambushed I don't throw my sexuality in no ones face but this new "That's so gay" shit I find is being used more and more and it needs to be stomped out.

Customer :

I don't see the awnser

Customer :

Don't see the awnser

Customer :

Why can I not see the awnser

Customer :

Are you still awnsering my question?

Customer :

Don't see awnser what's happening?

Customer :

Can you call me at(NNN) NNN-NNNN/p>

Customer :

Where is my awnser

Customer :

wtf no answer no answer

Customer :

o.k your still awnsering

Customer :

would you like to see the e-mails which transpired as i did save them where they did admit that this occured

Customer :

I cant see the awnser and I cannot click on "Accept" I really want an awnser and I know your not screwing me over because I have used your service before I will be patient.

Customer :

I did recieve and email stating your question has been awnsered, when I tried to click on the link it gave me a blank page " server cannot be found " I am IT royalty in in NCR so I know what that means.

Customer :

Your server's maybe down please contact your host, or Network Administrator, as you may lose revenue with a cascading network outage!

INFOLAWYER :

A lawsuit would be proper if you have a financial damage

INFOLAWYER :

The treatment you mentioned would trigger a complaint to the BBB and state attorney general office

INFOLAWYER :

But to pursue a lawsuit you need to have a direct financial harm resulting from the conduct

INFOLAWYER :

I am sorry for the delay but was having some technical issues

INFOLAWYER :

If I can clarify, please ask me

Customer :

I am financialy stable as I am a recognized day trader by the SEC.

INFOLAWYER :

ok

INFOLAWYER :

If you have a follow-up question, please remember that there might be a delay between your follow up question and my answer because I may be helping other customers or taking a break.


 


If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit. Leaving a BONUS and POSITIVE FEEDBACK after you ACCEPT are also very much appreciated.




If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you. I wish you best of luck and a prosperous 2011.

Customer :

It is not about money it is about dignity and how the lack there of I was offered. I want this "That's So Gay" to be bought to the frontal lobe of America it is meant to denigrate, humlilate, it is bigoted in it's roots, and I want it removed from the American lexicon as the phrase, "Hey ni**er"! I don't want any monetary compensation that is not why I am here! When you make the phrase "That's so gay" what is conjured in your mind?

INFOLAWYER :

In a lawsuit, a court looks for plaintiff to have an injury. If inclined to sue nonetheless, consider having a lawyer pursue it on contingency fee basis so you are not out of pocket. see www.avvo.com The press coverage would also be helpful along those lines as would a complaint with the BBB and AG office.

INFOLAWYER :

I hope that is clear and helpful

Customer :

Flowers, picknick bascket, string of pearls, or a child 15yrs. old laying in a coffin because he was "That's So Gay".

INFOLAWYER :

The conduct is improper and you have the several measures of responding

INFOLAWYER :

that i discussed above

Customer :

To get back to my question?

INFOLAWYER :

Yes

INFOLAWYER :

Is there something else you want to know?

INFOLAWYER :

are you there?

Customer :

I don't have the skill set to pursue this matter in any form, nor the emotional fortitude. As you may see I am gay, physically, emotionally, ill, therefore I will probablly let this matter fall by the wayside. I just wanted to know if I am wrong in my feelings, am I being overractive?

INFOLAWYER :

I do not think you are over reacting at all and your response is reasonable. I also appreciate the difficulty in pursuing a claim as whether by lawsuit or agency complaint, it would be involving, time consuming and costly. whichever option you choose, it is your right and I suggest taking your time in deciding

INFOLAWYER :

I wish you the best of luck!!

INFOLAWYER :

If you need clarification, please ask me.

Otherwise, when ready, please click ACCEPT, It's the only way I get credit for your answer.

Customer :

I am in the process of deleting my assets and moving out of my apartment because I no longer feel comfortable in this enviroment which above my neighbor as I am on the Penthouse Level and he is a floor below me and when I go out side to smoke he his there sometimes, I had a beautiful home, view of the Potomac, National Harbor, and Washington, D.C. and it is no longer bearable for me.

INFOLAWYER :

I appreciate that

Customer :

My neighbor which this happened to me.

INFOLAWYER :

Change in location can be for the better

INFOLAWYER :

but as i am a lawyer, I am not best suited to address non legal issues

INFOLAWYER :

I hope I have answered your question

INFOLAWYER :

and given you guidance on that

INFOLAWYER :

and apologize again for the delay earlier from some technical problems with my connection

INFOLAWYER :

I do wish you all the best

Customer :

I worked very hard to find this part of the world.

INFOLAWYER :

when you have a moment, kindly click ACCEPT for your answer

Customer :

yeah sure sorry, just got a bit of the fumes, can't see my keyboard

INFOLAWYER :

I understand. No problem. Take care of yourself and have a good night

INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 50939
Experience: Licensed attorney helping individuals and businesses
INFOLAWYER and 7 other Legal Specialists are ready to help you
Expert:  INFOLAWYER replied 3 years ago.
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