Wash. Court Shuts Down 'Big Gay' Nickname Bias Case

Law360, New York (October 24, 2012, 4:13 PM EDT) -- Washington state law doesn't prohibit discrimination based on perceived sexual orientation, a state appeals court said Tuesday, refusing to revive a lawsuit by a fired heterosexual worker who took offense at being called “Big Gay Al,” a flamboyant character on the TV show “South Park.” 

In a published opinion, the appeals court in a 2-1 decision affirmed the dismissal of Albert Davis' discrimination, retaliation and defamation suit against Fred's Appliance Inc. in Spokane, Wash., where Davis worked as a delivery driver until 2010.

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