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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Oct. 1, 1988)
just news AIDS discrim ination suit pending A supervisor told Vince Wetzler ; ‘ ‘Sinceyou’re gay, you’re a second-class citizen and you have to work twice as hard to keep your job.’ ’ A few months later he was fired. BY A N N D E E H O C H M A N In January 1986, Wetzler said, a supervisor former employee of a large Oregon paper told him, “ Since you re gay, you’re a second- and packaging plant is suing the class citizen and you have to work twice as hard company, claiming he was fired in January 1987 to keep your job.” In April, Wetzler said, he not for poor performance but because he had was placed on probation and asked to attend tested positive for HIV four months before he weekly meetings to discuss his progress and was dismissed. recei ve critiques of his job performance. The $2 million lawsuit against the James In October, Wetzler tested positive for HIV River Corporation (formerly Crown Zeller- and told his superiors of the test results. A few bach), which will be formally filed in months later, he was fired. His last day of work Multnomah County Circuit Court by October was January 15, 1987, one month short of hi;» 12, will be an important courtroom test of an 22-year anniversary with the company. Oregon statute protecting people with AIDS An official at James River Corp. refused to and related conditions from employment discuss the case or Wetzler’s employment. “ If discrimination, according to a lawyer involved it’s in litigation, it would be highly improper to in the case. talk about it,” said Richard A. Brown, human Vince Wetzler worked for Crown Zellerbach resources manager. He confirmed the dates of for 22 years and says he would have been happy Wetzler’s hiring and firing but would not say why he was dismissed. “ That’s confidential information — it’s our company policy,” he said. “ We really respect people’s right to privacy.” Woodworth said the suit’s primary claim is illegal discrimination based on HIV status. Oregon’s civil rights statutes protect people with handicaps from discrimination in employ ment and public accommodations. The Bureau of Labor and Industries considers AIDS and related conditions as handicaps under the law. John Hofer, lead intake officer with the Civil Rights Division of the state Bureau of Labor and Industries (BOLI), said several claims regard ing AIDS-related discrimination in housing, public accommodations or employment have been filed with his office. He noted that the statutes also protect people from discrimination based on the perception that they are at risk of having or transmitting AI^S. “ If a person were gay arm it was the percep tion that they were more susceptible to AIDS, we would take [the case] as a perceived physical handicap,” he said. frn rn u rn im m i—mBmmmm—mmmmm Appealing to BOLI is the first step for to stay in the closet. He had no plans to come out employees who feel they have suffered AIDS- related discrimination, and Wetzler did so to co-workers or supervisors at the division where he worked, the flexible packaging plant shortly after he was fired. The bureau on North Marine Drive. But when a colleague ■ determined that there was no discrimination learned he was gay and spread the news to other based on his HIV status. Oregon law allows people to appeal the bureau’s findings by filing workers about ten years ago, Wetzler said he was relieved that he no longer had to hide. a civil suit and seeking damages from the employer. “ I was content to be private — but I knew, Woodworth said the lawsuit also will claim a sooner or later, (disclosure] was bound to breach of the standard employment contract to happen. I was really glad when it did. It was a maintain “ good faith and fair dealing,” as well big relief,” he said. as for the intentional infliction of emotional The lawsuit will outline the following course distress. of events, according to Wetzler and his If the case reaches trial, it will prove a public attorney, Brad Woodworth: test of a statute that so far has received little Following the disclosure of his homo publicity. A June report from the Metropolitan sexuality, Wetzler endured a difficult six Human Relations Commission showed that months at work, he said. “ It was an opportunity many Oregon employers and workers are for people to tell jokes. They wrote graffiti on unaware that AIDS-related discrimination is the walls every day. I started carrying around a covered under current civil rights statutes. Even can of spray paint to block it out.” fewer people realize that the Bureau of Labor Eventually co-workers ‘ ‘grew accustomed to and Industries is the place to bring such it,” Wetzler said, and the talk of his sexuality complaints, the report said. died down. Then, in October 1985, news of “ I’ve been surprised, in working on this Rock Hudson’s death from AIDS splashed onto case, how few employers and employees newspaper front pages. About three weeks actually know that discrimination based on HIV later, Wetzler said, he reported to work one status is illegal,” Woodworth said. night to ready the plant for the graveyard The job at Crown Zellerbach was Wetzler’s production shift. On the main bulletin board and first; he was hired the day he stepped off a bus in two smaller bulletin boards, as well as in his Portland, following his third year of college at mailbox, were photocopied fliers with the Gonzaga University in Spokane. Later he took words. “ Hey Vince. Got AIDS yet? Know night classes at Portland State University, and by what I mean.” the time he was fired, he had earned the title of “ I didn’t show anybody I was upset,” plant night team supervisor and a salary of Wetzler said. “ But I was. I put up a good front. $42,000. Everyone’s afraid of AIDS. I am, too.” A HEY VINCE IKNOW The company, which employs 3,4<X) persons in Oregon, produces pulp, paper and food packaging such as the plastic wrappers on frozen food and toilet tissue. It is headquartered in Richmond, Virginia. Although three years have passed, Wetzler still winces when he looks at copies of the flier that was posted on company bulletin boards. “ It was up there for everybody to see. That was pretty bad. . . . It hurts your pride a lot. “ Now open in Northwest Portland .” 227-6047 M-F8-6 SAT 9-12 Especially when you know you’re a good person. “ 1 was a source of embarrassment to them, being gay and being in a fishbowl as a super visor. I can hardlv wait to defend myself because I was one of the best they had. . . . I think it’s important for me to be part of the gay community and let people know how serious things can be. I might lose my current job (in construction] because of this. But I'm willing to take that risk.” • NORTHWEST VETERINARY HOSPITAL SUSAN D. 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