Kentucky

Lawsuit: Man claims he was fired by KY aquarium for reporting anti-gay hiring

You can feed sharks feed at the Newport Aquarium in Northern Kentucky.
You can feed sharks feed at the Newport Aquarium in Northern Kentucky. Lexington

A man is suing the Newport Aquarium after he says he was fired for confronting managers who refused to hire someone for being gay.

Nicholas Daum, a longtime maintenance worker at the aquarium, filed suit Nov. 17 claiming he was fired over the summer in retaliation.

According to the suit, before an applicant’s second interview for a maintenance position, the manager of facilities at the aquarium told the third-shift maintenance supervisor that the applicant had disclosed in an initial interview he was gay.

The manager’s demeanor changed, and he “demonstrated a reluctance to hire” the applicant. The same manager said he thought “homosexuality is a form of mental illness,” according to the suit.

The applicant did not receive the job despite being highly qualified, according to the suit.

“(The manager) remained unenthusiastic about hiring (the) applicant,” the lawsuit reads. “Seemingly sensing (the manager’s) reservations about hiring (the) applicant, (the manager) uncharacteristically agreed not to offer the position to the applicant immediately.”

The aquarium left the position open to see if other candidates applied.

Daum confronted the men about disclosing the applicant’s sexual orientation and expressed concerns about unlawful discrimination, according to the suit.

One week later, Daum received a written warning. He replied with his own complaint to human resources, reporting his concerns.

A few weeks later, Daum was placed on a 90-day performance improvement plan, unrelated to the written warning he previously received. Daum was fired halfway through the 90-day performance window.

In response to Daum’s complaint, attorneys for the aquarium said the notices were issued for attendance-related matters.

The aquarium denied the allegations in court filings.

Daum began work as a maintenance technician at the aquarium in 2012 and became the supervisor in 2018, according to the lawsuit.

A hearing has not been scheduled in the suit.

Taylor Six
Lexington Herald-Leader
Taylor Six is the criminal justice reporter at the Herald-Leader. She was born and raised in Lexington attending Lafayette High School. She graduated from Eastern Kentucky University in 2018 with a degree in journalism. She previously worked as the government reporter for the Richmond Register.
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