The Atlanta Human Relations Commission has 30 days to rule on a gay pilot’s allegation that Atlantic Southeast Airlines fostered an anti-gay work environment in violation of city law.

Capt. John Benisch, a former Atlantic Southeast Airlines pilot, and officials from the airline, a former Delta Air Lines subsidiary now owned by SkyWest, appeared before the bias panel during an Oct. 14 hearing.

Patricia Griffin, an attorney for Atlantic Southeast, chastised the bias panel from the onset.

“You have no business hearing this case,” Griffin told the five commissioners. “The airport is located outside your jurisdiction.”

The Human Relations Commission is a five-year old panel that handles complaints based on a city ordinance banning discrimination in private employment, housing or public accommodations on the basis of a variety of categories, including sexual orientation.

City attorneys have instructed the panel that the ordinance covers the city-owned Hartsfield-Jackson International Airport.

During the hearing, Benisch’s attorney, Andrew Coffman, asked his client to recall the first time he reported an anti-gay situation to airline management.

“In 1999, the head of training made a remark about a transsexual flight attendant,” Benisch told the panel. “He said, ‘We can’t get rid of all the gays, but we can try.’”

After reporting that incident, Benisch said he was basically blacklisted, but he continued to report anti-gay jokes and graffiti during his tenure as an ASA pilot.

Benisch said he was terminated by the airline after a flight training document was altered by a flight instructor intent on ruining his career for reporting the anti-gay climate to management.

But Griffin and Sara Hicks, another attorney representing ASA, painted Benisch as an inexperienced pilot with problems “performing from the beginning.”

Commissioner Aba Yankah questioned why an airline would promote a pilot who is not “competent,” noting Benisch advanced from first officer to captain during his tenure at ASA.

“This is not a case of a hostile work environment but one of a vigorous work environment,” Griffin said. “You don’t get to dress-up your short-comings in a charge of discrimination based on sexual orientation.”

Policy change?
During the hearing, Hicks challenged Benisch’s claim that ASA changed its non-discrimination policy in 2003 to omit sexual orientation.

A witness for the airline, ASA Human Resources Manager Terry Hayes, said at no time did the company change its policy.

But Coffman, Benisch’s attorney, noted that in 2003, the phrase “sexual orientation” was replaced with “same-sex harassment.”

“Do you think they mean the same thing?” Coffman asked.

“Absolutely,” Hayes said.

Coffman disagreed. “As a straight man, I can mock you and it has noting to do with sexual orientation,” he said.

Greg Nevins, a senior staff attorney in the Atlanta office of Lambda Legal, a national gay litigation group, said in an interview that the two phrases are not interchangeable.

“Under the change, commenting on someone’s sexual orientation is not covered,” Nevins said. “It’s a retreat from the prior policy.”

The airline reinstated the phrase “sexual orientation” in its non-discrimination policy last year, according to documents presented at the hearing.

Commission member Dorthey Hurst expressed concern with Hayes’ description of gay jokes and offensive graffiti occurring on company grounds.

“Do you think you trivialized [the incidents] by calling it juvenile?” she asked.

Hayes responded that the company fully investigates all incidents against company policy.

In closing statements, Griffin asked the panel to absolve ASA of any blame.

“If along the way Mr. Benisch heard an offensive comment, we are sorry,” Griffin said. “However, ASA is not responsible.”

The panel has 30 days to determine whether unlawful discrimination occurred and can recommend corrective action to Mayor Shirley Franklin. The mayor makes the final recommendation on penalties, which can range from mediation to revocation of city contracts and business.

No gay representation
The two latest appointments to the bias panel, both gay men, were not present during the hearing, which was conducted by Interim Chair Tanya Washington.

Michael Wright was appointed to the commission by the City Council Sept. 19; Allen Thornell’s nomination was confirmed by the council on Oct. 17. The two appointments bring the commission to its full seven-member capacity.

“This case was filed nearly a year ago and everyone at the hearing was familiar with it,” said Wellington Rivera, a specialist with the city’s Office of Constituent Services who acts as an administrator for the commission. “We felt it best not to just throw Mr. Wright into the line of fire, so to speak.”

Wright said he supported the decision.

“I recognize it takes a while to get everything organized and everyone ...

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