Butcher alleges he lost job due to his sexual preference

By Noddy A. Fernandez | Nov 12, 2018

HUNTINGTON — A butcher is suing a food company, alleging sexual discrimination and wrongful termination.

Kyle McQuillan filed a complaint in Cabell Circuit Court against Forth's Food Inc., doing business as Food Fair and doing business as Forth's Foods of Parkersburg Inc., alleging violation of the West Virginia Human Rights Act.

According to the complaint, on Sept. 29, 2016, McQuillan was terminated from his employment at Food Fair after 10 years of service. McQuillan says he was terminated due to his complaints about the defendant's policies on sexual harassment, same sex harassment and a hostile environment. 

He says he was asked if other men were cute and if he wanted to sleep with certain male customers. He says he was given a birthday cake with a penis drawn on it just days after it was learned he was homosexual. He also was given other "gifts" he considered offensive. 

Despite the defendant's knowledge of McQuillan's disability and sexual preference, the suit says, the harassment continued and his termination and treatment were based in whole or in part on his disability and sexual preference. 

He also says he was fired three days after having to take a day off for medical treatment related to his disability, which isn't disclosed in the complaint.

He says his termination occurred just days after he had been promoted to head butcher and an online posting disclosed his sexual orientation and his disability.

The plaintiff alleges the defendant failed to adhere to its policy on discrimination against gay men or women and failed to adhere to its handbook by allowing McQuillan to be harassed due to his sexual preferences.

McQuillan seeks trial by jury, damages, back pay, costs of litigation, pre- and post-judgment interest and all other just relief. He is represented by attorney D. Adrian Hoosier of Lord Hoosier, PLLC in Charleston.

Cabell Circuit Court case number 18-C-474

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