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Gay videogame designer sues Microsoft for discrimination photo

We know there have been some issues regarding Xbox Live Gamertags and statements of sexuality, especially those having to do with homosexuality. I'm not so sure you can actually judge Microsoft on those incidents, as they seem to just be trying to keep Xbox Live clean, but a new lawsuit filed against them may get people really wondering about their stance on topics such as sexism.

The Daily Mail reports that Jamie Durrant, a gay 38-year-old designer based out of Surrey, England, is suing Microsoft for £45,000, claiming that the company discriminated against his sexual orientation. According to Durrant, emails were sent around the office with titles like "I'm Jim and I'm Gay" and "Me and My Favourite Men." Upon contacting Microsoft's HR department about it, they informed him they would send out an email to the deparment about the matter and later reneged, saying new policies would have to be put in place before such an email could be sent.

Mr. Durrant was then asked to sign a document stating that his claim had been dealt with, but he refused. By that time, another abusive message had been left in the staff kitchen. Since that time, he has been out of work for seven months, stating depression as the cause. Microsoft declines to comment on this.

It's hard to know where to even begin when it comes to what to think of the story. Being female, I've experienced some weirdness in the workplace at old jobs, but nothing even close to this. What are your thoughts?

LAUNCH GALLERY (1 IMAGES)
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Colette Bennett is a Destructoid features editor from New Orleans, Louisiana. She is also a founding member of Destructoid's sister sites Tomopop, a toy lover's blog and Japanator, our anime site. Likes Nintendo DS, NES, Silent Hill series, Rhythm games, RPGs Meet the rest of the team



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33 comments | showing # 1 to 33
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TheToiletDuck's Avatar - Comment posted on 03/24/2009 17:23
TheToiletDuck
What douches.
bluexy's Avatar - Comment posted on 03/24/2009 17:25
bluexy
In a professional environment this can't be happening. While I don't think this is necessarily Microsoft's fault, people will be discriminative no matter where they work, they are liable.

Jim's really gonna screw 'em in the butt with this lawsuit!
VGMari's Avatar - Comment posted on 03/24/2009 17:28
VGMari
Few things piss me off as much as homophobia.

He should sue the pants off them.
Usedtabe's Avatar - Comment posted on 03/24/2009 17:35
Usedtabe
I'll wait to a full investigation before forming an opinion. Anyone who automatically clings to one side of a story is a fool.
gamadaya's Avatar - Comment posted on 03/24/2009 17:38
gamadaya
Was that picture made for this story?
AKK's Avatar - Comment posted on 03/24/2009 17:39
AKK
This news makes me happy.

Call me a fool, but I'm rooting for the homosexual.
Josh Tolentino's Avatar - Comment posted on 03/24/2009 17:40
Josh Tolentino
45k is way too low if it's as bad as he described. And to think this is coming from Lionhead of all places.
Chronic Logic's Avatar - Comment posted on 03/24/2009 17:47
Chronic Logic
Pfft. This guy is way too uptight. First of all why is he suing the company? Shouldn't he be suing the person who sent him the email? And how does he know the person who sent him the email was a Microsoft employee? Also is the person who sent the email breaking any laws? I find this lawsuit laughable. If someone sent me an email saying that I am a fag, idiot, murderer, or a N.I.G.G.E.R., does that mean I can sue them?
Peteru's Avatar - Comment posted on 03/24/2009 17:54
Peteru
Ugh 3 messages and no response from higher-ups got him into _depression_ ?
On one hand it's definately fishy that they wouldn't take on the case.

But on the other I'm totaly for discrimination in any capacity, except for the law. Law should see all people as "citizens". Period. But any private individual SHOULD have full rights to like one person and dislike another.

That obviously counts for discriminating agains discriminators. And counts for discriminating agains me and people I like.

If he got beat up, no matter the reason, it's time for the law to step in and punish assailants. If his employers don't want to protect him from nasty comments, he should simply quit. And than go public, so people like you, symphatising with him, will later discriminate against his (evidentlly not very professional) employer.

Punishment for MIND CRIME (if he was fired on employers whim, but without breach of contract would there be any story?) will do WAY more harm than good. It will just pit group against group and belief against belief to get special treatment.
Law should not even see this differences.
Citizen was treated with nasty messeges from his collegues and employer didn't respond. Information on if it was becouse he was black/white/homosexual/red haired/low height/etc is irrelevant.
Leathersoup's Avatar - Comment posted on 03/24/2009 17:54
Leathersoup
@Chronic Logic - I believe the reason he's suing the company is that he filed a complaint and the company did nothing to prevent it from occurring. Large corporations are supposed to take action when something like this occurs, but it seems that Microsoft did not.
de BLOO's Avatar - Comment posted on 03/24/2009 17:57
de BLOO
sounds like some employees need to progress.
Puppy Licks's Avatar - Comment posted on 03/24/2009 18:00
Puppy Licks
Abusive messages? Abusive emails?
WTF? This isn't high school.

I expected so much more from Lionhead.
SO much more.

And to think Fable lets you sleep with men yet the staff pull this kind of shit! Really, WTF!?
Kyousuke Nanbu's Avatar - Comment posted on 03/24/2009 18:02
Kyousuke Nanbu
Agreed with Chronic Usedtabe, I'd like more info before I start villying MS(even though I'm supposed to cause is M$).

Oh wait Daily Mail, ignored.
garison's Avatar - Comment posted on 03/24/2009 18:11
garison
Does this mean I fail for being gay?
AdamDuffield's Avatar - Comment posted on 03/24/2009 18:12
AdamDuffield
I lol'd at the picture XD
vexed alex's Avatar - Comment posted on 03/24/2009 18:16
vexed alex
Lets not forget that we don't know both sides of the story and probably never will. We can't forget how sue happy our planet is.
mix's Avatar - Comment posted on 03/24/2009 18:18
mix
I'm with most people so far as it is more of the employee's he worked with than MS; however, if he reported his problems and nothing was done to help him out then that's a no-no.
Darren Nakamura's Avatar - Comment posted on 03/24/2009 18:23
Darren Nakamura
So many men! So little time!

It's sucky people still treat gays like this. Even if the employees were originally just joking around, when he made it clear he was upset by it, it should have stopped. And of course, the PR machine in Microsoft just wants to cover it up, when they should be punishing those involved...
wanderingpixel's Avatar - Comment posted on 03/24/2009 18:29
wanderingpixel
This is so wrong. Oh, and MotoRobo: What is your problem?
Red TheHaze Veron's Avatar - Comment posted on 03/24/2009 18:35
Red TheHaze Veron
Microsoft & Homophobia? SAY IT AINT SO?
HerosPlayDumb's Avatar - Comment posted on 03/24/2009 18:43
HerosPlayDumb
he should sue for way more than 45,000 euro
loki d20's Avatar - Comment posted on 03/24/2009 18:54
loki d20
Based on U.S. Law...

First of all why is he suing the company? Shouldn't he be suing the person who sent him the email?

No, the company is liable for the actions of their employees while at work. If the employee did something criminal such as abuse or similar, then the offender would also be personally culpable. Harassment alone in the manner being depicted is not enough for which to sue nor for placing the offender under arrest.

And how does he know the person who sent him the email was a Microsoft employee?

Probably because of that whole @microsoft.com or similar domain name. It's unlikely that they don't work together if they're putting up harassing notes in the staff kitchen.

Also is the person who sent the email breaking any laws?

Yes. Harassment suits have calmed down over the years, but there are laws protecting people of various sex, race, ethnicity, religion, and sexual orientation from harassment in the workplace.

I find this lawsuit laughable. If someone sent me an email saying that I am a fag, idiot, murderer, or a N.I.G.G.E.R., does that mean I can sue them?

Only if the company failed to properly handle the situation, specifically if they did not immediately stop the actions taken against the person(s). The person(s) that were doing the harassing would normally also have been warned or penalized in some way, even including firing, for the actions depending on the severity of the harassment.
son kakarrot's Avatar - Comment posted on 03/24/2009 19:15
son kakarrot
I hate people like this that take leave for something so dumb like iam not gay but if someone made fun of me about like girls it wouldn't hurt me in anyway and ya people are going to be like its different its only different cuz they make it different grow up acting like ur in public school. where i work i get teased about things and i tease people about things thats what helps u get through the day and if ur to big of a bitch to a joke then u must really hate urself.
Holyetheline's Avatar - Comment posted on 03/24/2009 19:23
Holyetheline
I just don't see how anyone could prefer a dick if they already have one. I love pussy.
Intruder's Avatar - Comment posted on 03/24/2009 19:33
Intruder
I'm honestly going to say that this is a completely unnecessary retaliation. He's just working the system to get a little cash.

I'm not against homosexuality just so you don't jump to conclusions.
Volomon's Avatar - Comment posted on 03/24/2009 20:53
Volomon
@Chronic Logic: The answer is yes, you can sue them if they failed to do anything about it.
Intruder's Avatar - Comment posted on 03/24/2009 22:26
Intruder
@Volomon

That, my friend, is the sad truth about our pussy ass country.
Tet's Avatar - Comment posted on 03/25/2009 01:45
Tet
You got 3 bad emails and had to be unemployed for 7 months for depression? Yeah, something doesn't add up, especially for someone working in the gaming industry.

Here's an easy enough solution if you get discriminatory email at work... go to the office of the one who sent it and tell him if it happens again they're going to know what a LCD monitor upside the fucking head feels like. Problem -> Solution. I should really work in conflict resolution.
Timstuff's Avatar - Comment posted on 03/25/2009 03:31
Timstuff
People talk crap behind my back all the time. I do think he has a right to be upset about such unprofessional behavior as sexual harassment happening in the workplace, but leaving work for 7 months over some e-mails? The other day I heard some jack ass call me gay behind my back, and you know what I did? I drew a cartoon of him crapping his pants, and it made me feel worlds better. I didn't drop out of school over it, and I'm not even gay!
JustLikeBuck's Avatar - Comment posted on 03/25/2009 04:31
JustLikeBuck
Inexcusable. And for it to happen at Lionhead, that's just really wrong. FTA it seems to have happened soon after MS started to invest more in LH, maybe its their people, but I almost don't want to admit that one of gamings finest legacies (Molyneux) would put up with this crap.
Leviathan902's Avatar - Comment posted on 03/25/2009 09:37
Leviathan902
As someone who works for a major corporation, I have an extremely hard time imagining that Microsoft, as an organization that employs thousands of people, doesn't have some sort of policies and training in place to protect them from exactly this sort of thing.

Unless this guy's got some kind of physical evidence showing that microsoft was negligent in their actions, then i think this guy is f***ed. Not proper f***ed either.
Tino's Avatar - Comment posted on 03/25/2009 14:54
Tino
A lot of you are saying that even when someone asks you to tone down the insults it's perfectly okay to keep going, especially to the point where it actually upsets someone.

What is wrong with you people.
BattyAdroit's Avatar - Comment posted on 03/25/2009 15:37
BattyAdroit
COMBINATION RESPONSE!

@Tet: According to the article, it was two emails that were "sent around" - assuming they were carbon copied to quite a few people in the office. The third message was left in kitchen/break area. As for your idea of threats of physical violence, not everyone wants to be an internet-tough-guy.
If a person/group was bent on publicly humiliating me at my workplace, and my bosses refused to do anything about it, I might be a little depressed too - especially if they tried to sweep it under the rug by having me sign a conflict-resolution statement.

@Holyetheline: That kind of reasoning is probably why you don't get much of either.

@Chronic Logic: May I suggest less 4chan, more critical thinking skills? If you are indeed black, and someone kept sending emails around the office to your coworkers, using the N-word, I'm sure you'd have a much different attitude about the situation.

@son kakarrot: It's nice that you don't let people's criticism of your heterosexuality get to you. Not everybody is blessed with so much fortitude.

@Peteru: No response from the higher-ups? They refused to do anything about it, because their policy needs to be rewritten - but then asked him to sign a statement indicating that the conflict had been resolved. I think that's a pretty major response. Just not the right kind.

Plus, you should look into the effects of discrimination outside of the law, and when your passive form of acceptable discrimination gets written into law.

@MotoRobo: Your attitude is abject failure personified.
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