Bank of America Bisexual Harassment Case Continues
Shelly Flood, who was out to her co-workers about her bisexuality, is allowed to proceed with her wrongful dismissal claim against Bank of America Corp according to a ruling by the First U.S. Circuit Court of Appeals.
The decision was unanimous by a three-judge panel in favor of Flood, who worked in Maine at a customer service center. She worked there from 2006 to 2010 and said
that her employers violated the state’s Human Rights Act which specifically mentions bisexuality.
At first, a photo of Flood embracing another woman was told to be taken off her desk because the supervisor said “it depicted alcohol” but no photos of heterosexual couples were removed. Then, there were “disparaging remarks” about her hair and she was told not to discuss her personal life, including a commitment ceremony with a woman.
Although Flood was told she couldn’t discuss her private life at work, she was subjected to a heterosexual’s conversation of a bridal shower that “included mention of a penis shot glass, lingerie, testosterone, and a male team member as a ‘buck’ and the females as his ‘does’ [and] Flood repeatedly asked to be excused from the conversation.” She was terminated the next day.
The Maine Human Rights Act specifically mentions that it protects employees who express “actual or perceived … bisexuality.”