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New York cosmetics brand Malin+Goetz fired a Black, gay, HIV positive employee and withheld his pay because of because of his HIV status, race, gender and sexual preference, a new class action lawsuit alleges.
Plaintiff Rajon Thomas filed the class action lawsuit against Malin+Goetz, its CEO, owner and human resources director Thursday in a New York federal court, alleging violations of the Civil Rights Act of 1964, the ADA and New York Human Rights laws. The claim brings a class action under labor laws, and Thomas is seeking more than $1 million in compensation.
Thomas — a gay, African American, HIV positive man — says he started working for Malin+Goetz in May 2019 as a part-time sales associate.
He says he was one of the only African American employees working for the company. In September 2019, he was promoted to Store Manager and assigned to a store with a sales deficit. By the end of 2019, the store was profitable.
However, during his time in the store, Thomas says he had to work a 10 hour shift and was not permitted breaks, in violation of labor laws. He says others similarly situated endured the same conditions, in violation of the law.
Thomas also says, during his employment, he endured discrimination and harassment based on his race and sexual orientation at work from his district manager.
He said the manager would comment on the style of his underwear when he leaned over to pick up a box, “pointedly mentioning on several occasions that his boyfriend is African-American, and disclosing intimate details of his sexual relationship with his boyfriend.”
Thomas says he was diagnosed as HIV positive in December 2019, but managed to continue to work full-time, and out-perform other store managers. He asked the company if he could hire an additional person to help him when he was getting treatment, and that it eventually obliged.
However, in March 2020, human resources director Octiavia Ortiz informed Thomas that he was suspended from work because he was at greater risk of contracting COVID-19 due to his HIV positive status.
“This action was discriminatory and retaliatory. It was taken without basis in medicine or science, and, in fact, Plaintiff Rajon Thomas’s treating medical providers informed him that it was safe for him to continue working.”
However, the company insisted he must stop working, denying him pay and benefits. He says no other employees were furloughed at that time.
On April 21, Thomas says his work email address was deactivated and his supervisors stopped contacting him. Very shortly thereafter, the company notified Thomas that he was terminated from employment because of theft.
He was never able to respond to the allegations, was not asked any questions and was not notified of what he allegedly stole, the class action states.
“The only logical conclusion is that Plaintiff Rajon Thomas was terminated from employment and his pay was withheld because of his HIV+ status and its complications, as well as his race, gender and sexual preference.”
The class action lawsuit says Thomas has suffered severe anxiety and emotional distress, depression and post traumatic stress disorder because of the situation.
He is asking a court prevent Malin+Goetz from maintaining a discriminatory system for making decisions about hiring, promotion and compensation through which it intentionally discriminates against minority employees, gay and transgender employees and HIV+ employees.
Thomas is looking to be immediately promoted to a position equal to the promotion he was denied, lost pay, benefits, damages for emotional distress of $500,000, damages for loss of reputation of $500,000, fees, costs and a jury trial.
Meanwhile, Uber is accused of unlawfully using criminal history records to discriminate against New York City drivers, fueling “significant racial disparities” across the United States, a new class action lawsuit alleges.
What do you think of Thomas’ allegations? Let us know in the comments!
The plaintiff is represented by Laine A. Armstrong of Advocates For Justice, Chartered Attorneys.
The Malin+Goetz Discrimination Class Action Lawsuit is Thomas et al., v. Malin+Goetz et al., Case No. 1:21-cv-04978, in the U.S. District Court, Southern District of New York.
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