Ann Arbor Man Fired, Discriminated Against; Protestors Picket Busch's Inc.

Protestors organized by the LGBT Caucus picket Busch's Ann Arbor location

ANN ARBOR – There was a lot of rainbow support in Maize and Blue clad Ann Arbor Saturday morning.

Bound for the U-M v. Notre Dame football game, drivers fought their way down hectic Main Street, just a mile and a half from the University of Michigan stadium, and blared their horns in support of the 30-plus people picketing in front of Busch’s Inc.’s main store and headquarters.

Toting rainbow flags and signs written with phrases like “Boycott Busch’s” and “End Job Discrimination,” The Michigan Democratic Party’s LGBT and Allies Caucus and others protested the grocery store’s firing of a man, allegedly for being gay.

“We’ve been here since 9, making signs,” said Sam Marvin, chair of University of Michigan College Democrats, at approximately 11 a.m. “We’ve gotten a lot of honks, only a few people have been less than constructive. I think we’ve increased visibility with the traffic. The more people who see us, the more they’re affected.”

The Ann Arbor location of Busch’s grocery store fired Marc Roark of Farmington Hills in April of this year, and Roark claims it’s because he’s gay. Roark stated that he knows of other Busch’s employees who have been harassed and demoted for being gay. His case, he said, is but one example.

The store is subject to the City of Ann Arbor ordinance (City Code 112) banning employment discrimination against gays. Roark and his lawyer have notified the city’s attorney in writing about the firing, but “The only thing I’ve been told so far is that they’re investigating the issue,” Roark said. “I filed with the attorney’s office, workers compensation, and EEOC (Equal Employment Opportunity Commission). I was sent an apology letter (from the EEOC) that said they were deeply sorry for what had happened to me, but there are no federal laws to protect me.”

University of Michigan student organizations The College Democrats, political LGBT supporters Stonewall Democrats and LGBT interfaith organization Spectrum of Fates joined the LGBT Caucus and Roark to rally against the grocery chain. “Gay young people and allies on this line are feeling like they can do something,” said caucus Chair Phil Volk. “There’s a lot of people questioning. ‘What do you mean by discrimination? What’s going on?’ Mid America is starting to realize that there’s something here.”

Roark of Farmington Hills, who was fired from his Salary Manager position, wore a red T-shirt that said “Two Dads are Better Than One.” “I didn’t think this big of a turn out would happen,” he said with a smile. “I’m really happy.”

Roark said he began working at Busch’s at the end of July 2007. He was terminated in April, but said the discrimination had been going on for several months.

“They said if I wanted to keep my job, I needed to keep my sexuality secret. They threatened to manufacture write-ups to force a demotion. They’re now saying that I had performance issues when before there was nothing in my file.”

Roark said the store pressured him to work more hours, implying that if he didn’t, he would face demotion. “Sometimes I was there from 7 in the morning to 9 or 10 at night,” he said. “That’s when the sleep deprivation and chest pains started.”

Kim Brown, director of marketing for Busch’s Inc., said employment records are not up for public disclosure, but Busch’s would never terminate or threaten to terminate any associate on the basis of any discriminatory characteristic. “It is our policy to provide equal employment opportunities based on merit, qualifications and abilities,” she said. “In our 34 years of doing business in this community, Busch’s has never been found to be in violation of equal employment opportunity laws.”

Busch’s Equal Employment Opportunity Policy also voices protection against discrimination based on sexual orientation. It reads: “Any associate who alleges discrimination is entitled to a full, confidential and impartial investigation of that complaint. … Discrimination is a serious offense for which appropriate corrective action will be imposed.”

Volk added that the LGBT Caucus has been speaking with Busch’s, discussing possible “negotiations” with the company including the possibility of rearranging their policies.

by Caitlin M. Foyt
Originally printed 9/17/2009 (Issue 1738 – Between The Lines News)