Skydiver claims he was fired for being gay

[Gravitymaster 0]

Fired Gay Skydiver Scoffs at Girl Grope Allegations
Updated: Monday, 04 Oct 2010, 9:01 AM EDT
Published : Monday, 04 Oct 2010, 9:01 AM EDT

By Kieran Crowley

(New York Post) - A skydiving instructor who joked with a female student that he could not be falling for her because he was gay filed a discrimination suit, claiming he was cut loose from his job because of the quip, the New York Post reported Monday.

Donald Zarda was strapped tightly to the woman, identified only as Rosanna, as they floated to earth in a tandem jump June 18, when he told her, "Don't worry, I'm gay." Rosanna subsequently complained to Zarda's then-boss, Ray Maynard.

Zarda says Maynard accused him of "inappropriate behavior" and also said he had touched the student "in a way that made her uncomfortable."

"I'm 100 percent gay," Zarda said. "So, you're accusing me -- the gay guy -- of touching the girl inappropriately? The situation is so bizarre."

He said all the instructors routinely joke with customers about the awkwardness of a stranger being strapped to their backs, including raunchy sexual references.

Maynard, Zarda said, refused to let him watch videos of the jump, which he insists would clear him. Maynard declined to comment, but his lawyer, Saul Zabell, said his client knew Zarda was gay and that was not the reason for the firing.

"He was terminated for inappropriate behavior in the workplace," said Zabell, who refused to elaborate.

Source: The New York Post

http://www.myfoxdc.com/dpps/news/fired-gay-skydiver-scoffs-at-girl-grope-allegations-dpgonc-20101004-fc_9939578

[normiss 867]

There are skydiving instructors that are employees?
huh...news to me..

[pilot-one 0]

I have quite a bit of experience with cases like this. I would say the dropzone owner doesn't stand a chance if it really is the way it's written in this article.
I've noticed that DZO's as employers really get away with a lot things that other businesses would go down for especially sexually related issues.
I'm not a gay advocate but I am for every one living by the same rules including the DZO's. Black, white, brown, gay,man, woman or even transgender by law must be treated equally without preference to one or discrimination to another.

[pilot-one 0]

Quote

There are skydiving instructors that are employees?
huh...news to me..

Employee or contract labor doesn't make much difference in this situation if that's what you are alluding to.

[rhaig 0]

Quote

He said all the instructors routinely joke with customers about the awkwardness of a stranger being strapped to their backs, including raunchy sexual references.

raunchy remarks?

nobody would ever make a 'fifth attachment point" joke with a passenger.

oh wait... yes we would. ;)

--
Rob

[normiss 867]

Sure it does. A contract employee can be let go for any reason.
"We no longer require your services." Would be more than a lot of contract employees would get.
My guess is he will have a hard time proving this one.

Personally - it was out of line.
I have never understood why we seem to think sexual harassment is ok in only our industry.
No matter the sexual preference.

[billvon 3,085]

>He said all the instructors routinely joke with customers about the
>awkwardness of a stranger being strapped to their backs, including
>raunchy sexual references.

This is the problem. The instructor's specific sexual orientation isn't. "But . . but . . I'm gay!" is not a defense against sexual harassment; imagine how absurd it would be for a DA to have to determine someone's orientation before being able to file charges against them.

[Gravitymaster 0]

Sounds like it might just have been the "final straw". Hopefully someone with more information will post to this thread.

[RonD1120 62]

Over the years I've known a few tandem instructors fired for inappropriate behavior with their passengers. This is not new.

Florida is a right to work state. You can be fired here for no reason what-so-ever.

Sounds like this special delux skydiver got his little feelings hurt and wants revenge. Naturally, some attorney is willing to capitalize on the opportunity.

Are we looking at a new plight on DZO's?

Look for the shiny things of God revealed by the Holy Spirit. They only last for an instant but it is a Holy Instant. Let your soul absorb them.

[pilot-one 0]

Discrimination does not have to be based on employment.
Absolutely there is no way you can fire a contractor for reasons such as race, creed or religious beliefs and that fits into your "any reason" category.
You can make something up to get rid of someone which seems to be the allegation here. Like I said I've been through situations like this dozens of times and in my opinion it doesn't look good for the DZO.

[billvon 3,085]

>Absolutely there is no way you can fire a contractor for reasons such as
>race, creed or religious beliefs and that fits into your "any reason" category.

Agreed. But if they do something like sexually assault a woman, excuses like "I'm black" or "I'm gay" don't fly.

>Like I said I've been through situations like this dozens of times and in
>my opinion it doesn't look good for the DZO.

I disagree. The TM admitted to the sexual harassment (he said "we all do it") and he is not an employee; just a contractor. Contractors can be let go for any reason at all, including none.

[pilot-one 0]

Quote

>He said all the instructors routinely joke with customers about the
>awkwardness of a stranger being strapped to their backs, including
>raunchy sexual references.

This is the problem. The instructor's specific sexual orientation isn't. "But . . but . . I'm gay!" is not a defense against sexual harassment; imagine how absurd it would be for a DA to have to determine someone's orientation before being able to file charges against them.

The problem is the other TMs making remarks are still there whilst making similar remarks. He was fired, they were not. They are not gay and he is. That's all it takes. It really doesn't matter why they got rid of him.
The EEOC or any court is going to look at EQUAL treatment in the workplace. It doesn't sound too equal to me.

[billvon 3,085]

>The problem is the other TMs making remarks are still there whilst making
>similar remarks.

Given that there is a videotape and an actual complaint involved, it may well be more than "making remarks."

[normiss 867]

That and the likelihood the others haven't been "caught" or complained about yet.

I cringe when I hear some of the sexual remarks from other TI's.

It's wrong.

[pilot-one 0]

I use the phrase "making remarks" loosely to include any such behavior including grabbing or touching.
If there is a lawsuit there will be a discovery period where the defendant would most likely have to show the video. It is also possible that each and every single tandem video could be subpoenaed and reviewed for similar behavior if the video proves to be valuable to the DZO. On the other hand it would only take a few testimonies of tandem students to prove this behavior is quite common. I don't know about the touching thing but I do know that comments are pretty standard from the subtle to not so subtle.
Time will tell.

[normiss 867]

"Pretty standard" by a select few from my experience, not every TI.
At least the DZ's I've jumped at as well as boogies I've attended and/or worked.
Generally the same ones that shag the tandems given the chance.

[Amazon 7]

Quote

That and the likelihood the others haven't been "caught" or complained about yet.

I cringe when I hear some of the sexual remarks from other TI's.

It's wrong.

Lets not forget those TI's that would not have a sex life.. if they could not hit on the latest crop of tandem students to get dates.

[TriGirl 336]

The biggest misperception about SH (that I've seen) in the military is the lack of understanding that it doesn't have to be flirting or touching. SH is committed when a hostile work (or business) environment is created. If that student felt uncomfortable with the situation, then she was harassed. It just so happened that this particular TI was hers. She probably would have been just as uncomfortable with another TI, if he or she made the same comments/jokes.

And, perhaps the instructor didn't explain his actions throughout the skydive. Let's assume he had no intent to "cop a feel." Maybe she just didn't expect to be touched in a certain area or in a certain way, but it was in the course of an activity that is new to the first-time tandem student. That perception is the very reason why you get guys asking for female TIs for themselves or for their girlfriends.

Just my two possible interpretations of the facts presented.

See the upside, and always wear your parachute! -- Christopher Titus

Shut Up & Jump!

[kelpdiver 2]

Quote

SH is committed when a hostile work (or business) environment is created. If that student felt uncomfortable with the situation, then she was harassed.

Yes, many advocate this stance, but that does not make it true. The mere feeling of victimization does not translate into someone being guilty of sexual harassment. This is particularly true if the 'victim' does not raise the concern so it can be addressed, allowing innocent errors to become major problems.

Skydiving involves cramming a lot of people into tight quarters on a plane, and safety concerns, particularly with the tandems, may lead to grabbing for straps that feels inappropriate. The environment also leads to lots of bawdy jokes.

This doesn't mean a TM cannot act inappropriately, but the a one time jumper may not be the best person to make this determination.

[normiss 867]

Communication with the tandem student eliminates the feelings of inappropriate "grabbing" as you call it.
I say "excuse me" a lot when adjusting and checking straps while explaining what and why I'm doing what I'm doing. It typically leads to them understanding, appreciating, and being thankful that I did what I did.
The environment only leads to bawdy jokes if we allow it to. There is no need for those with students/customers.
It's one thing for us to joke around with each other, it's another thing entirely to extend that behavior to student/customers/first timers.
Again I say, it's wrong.
Period.

[beowulf 1]

Just throwing this out there, but it seems to me that maybe the TI here was trying to fit in and be one of the "guys" by matching the other TI's joking and it didn't come out right and offended the student?

I personally don't think it's a good idea to joke like that with a paying customer that you don't know at all. I think TI's should keep their jokes tasteful and more specific to skydiving.

[Skyrad 0]

Clearly you are a lot more professional that many other TI's. You also are aware that being professional doesn't just stop at skydiving ability.

When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy.
Lucius Annaeus Seneca

[normiss 867]

I can say the two major DZ's I work tandems at (Zhills and Deland) would fire me were I to act in this manner.
That's not the only reason I behave professionally.
Being a manager in my career has required me to take a number of harassment and legal classes.

[kelpdiver 2]

Quote

Communication with the tandem student eliminates the feelings of inappropriate "grabbing" as you call it.
I say "excuse me" a lot when adjusting and checking straps while explaining what and why I'm doing what I'm doing. It typically leads to them understanding, appreciating, and being thankful that I did what I did.
The environment only leads to bawdy jokes if we allow it to. There is no need for those with students/customers.
It's one thing for us to joke around with each other, it's another thing entirely to extend that behavior to student/customers/first timers.
Again I say, it's wrong.
Period.

You can eliminate a lot of misunderstandings with simple verbal language, though this isn't going to be a complete fix. Between the especially uptight, those who can't hear over the noise, and those who are out of their minds with anxiety, you can still find trouble. And in a time sensitive situation, you fix the problem first, worry about feelings later.

The dropzone is an adult playground. In many places, it's not kid friendly, with lots of sex, drugs, alcohol, and "free spirited" behaviour. We don't have to change to the standard of the most prudish. And if the DZ is stifling, many upjumpers will go to a more fun place.

But in contrast, the DZ is also a business that has to focus on the tourist jumpers. They do have an incentive to be more accommodating.

[Skyrad 0]

I love Z Hills, been there a couple of times Next time you're at DeLand say hi to the lovely Ms Angelo from me.

When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy.
Lucius Annaeus Seneca