The current edition of Lesbian/Gay Law Notes features “Federal Court Finds Employer Non-Discrimination Policy Unenforceable,” a report by Professor Arthur Leonard of New York Law School on the sexual orientation discrimination claim filed by John Petrucello against Telefax Automotive Group.

Because of a disclaimer included in Telefax Automotive Group’s Code of Ethics, the Code was found not to be contractually binding last month, and John Petrucello lost his sexual orientation discrimination claim against the company.

Teleflex issued the Code of Ethics to its employees in 2003, stating that the company respected “cultural diversity” and “does not tolerate discrimination based on sexual orientation.” John Petrucello, a gay man, had been employed by the company since 1988. In 1994, he had signed an employment agreement that acknowledged that he was employed “at will.” He was discharged on June 21, 2005, he claims without just cause, and he alleges that he received a smaller severance payment than
similarly situated non-gay employees would receive. He also claims he was discharged for being gay, although he concedes that management had known he was gay throughout the duration of his employment with the company.

The disclaimer Telefax Automotive Group included in their Code of Ethics “was in bold-face print in the same type-face as surrounding text, so the court rejected Petrucello’s argument that the employer had tried to conceal it by burying it in fine print.” The court also found that Petrucello did not show reliance in his claims. “Petrucello sued on their breach of implied contract, misrepresentation, negligence, promissory estoppel, equitable estoppel and unjust enrichment, but got nowhere with the court,” writes Arthur Leonard.

“Federal Court Finds Employer Non-Discrimination Policy Unenforceable” can be found on the ninth page of the May 2006 edition of the Notes.