Positive Life NSW

Tim Alderman on subtle discrimination, revenge of sorts and deferred regrets.

As I have often mentioned to friends, as far as being discriminated against as a gay man -and God knows it is obvious enough that I am gay -I have had little more than the occasional ‘poofter’ thrown at me from a car window over the years. However, when I did encounter the evil beast in its true disguise, it left an indelible mark.

In 1993 I was managing a ‘Liquorland’ store in Darlinghurst. I had started there in 1990 as a senior ‘shoppy’, after managing “Numbers” bookshop for 7 year. Badly needing a change of scenery, a job that was not as monotonous as running a sex shop. It was known when I started at ‘Liquorland’ that I was gay, and HIV+. I made my HIV status known because I worked on a daily basis with glass, and serious accidents are part and parcel of working in that type of retail environment. I wanted workmates to be cautious when dealing with severe cuts. The manager was gay-friendly, as was the area manager. In fact, they had a dyke working as 2IC (second in charge), so there were no problems at all.

I progressed to 2IC within six months of starting. When the manager was transferred I was appointed. It always seemed obvious to me that the best person to manage a business in the ghetto was gay. Someone who knew the local clientele and could deal with them on a personal basis. It was obvious to everyone except the new area manager who came on board just after my promotion. I should point out that being a manager in the Coles/Myer Group, at that time, held very little in the way of privileges. You were only paid $40 a week more than a 2IC. Because they put you on contract you lost most of your time off and were expected to work long and hard hours. Bonuses were based on store profits, so you were worked hard by your area manager to get results.

Perfect recipe for disaster

My health was going through one of its tough periods. I was on high levels of what antivirals were available at the time. I never recovered from a serious bout of viral pneumonia earlier in the year. I was also working long hours; had a dreadful diet, and smoked and drank way too much. One might say I had the perfect recipe for disaster. Add to that a new area manager who was not only homophobic but also HIV phobic and you have real problems. I thought I had about two years of work left before departing this mortal coil from something HIV-related and was seriously starting to weigh up my options. You have to remember that combination therapy was not an option at this time – that wasn’t until 1996. Did I take a demotion back to 2IC and give myself an easier ride, or did I leave and take the DSP option? It was a decision that was soon to be made easy for me.

I was due to take a fortnights leave in early November and had given a month’s notice. I had also decided to take a demotion. The area manager came into the store and asked me to go out for a coffee with him. Over coffee, I told him that for health reasons, I wished to go back to 2IC either in Darlinghurst or in one of the other Eastern Suburbs stores, and could it be arranged. His suggestion was that if I was having health problems, I should consider leaving the organisation altogether; especially considering that I had an illness with an almost pre-determined end result. I stated that my health issues would be resolved by less stress, and this was why I was requesting the voluntary demotion. He said he would organise things, again reiterating that it was probably time I left the company. I went back to the store feeling that things were not going to get any easier for me, and as it turned out, I was right.

Let the games begin

The first thing the area manager did was bring in to the store another staff member to be trained up to my position. I could never quite work this one out, as I already had a very good co-worker who was more than able to take over from me -and in fact deserved the promotion. So, for the next three weeks while training him to take over as manager, he controlled the store and I was left twiddling my thumbs. This was very demoralizing and as I was to find out there was a method in the area manager’s madness.

My holidays eventually rolled around, and off I went, thinking that in two weeks I would be starting in a new store in a new position. There was an assistant manager position available in the Surry Hills Mall store, and I was told I would be filling the position. A week before returning to work I still had not had the position confirmed, so I rang the Surry Hills store to find out if they had any confirmation of my appointment, and to find out what roster I would be on. The store manager knew nothing about my being transferred there. He told me he would look into it, and get back to me. By the Thursday of that week I still had heard nothing, and started leaving messages with the area manager to contact me. Nothing! The Surry Hills manager still had not heard from him, and had no idea what was going on. I decided to pay a visit to the Darlinghurst store and see if I could pin the area manager down. The new guy, who was now manager, asked me to come out the back with him for a chat. He told me he felt badly about the way I had been treated. He had been told by the area manager (when he started to make my life so uncomfortable,) that I would resign. This clearly hadn’t happened. The store manager, in an about face, told me to hang on, because if I resigned, the area manager would get a great amount of satisfaction. Also, if I resigned before I returned to work, he could pay me out in lieu of notice, and get me out of his hair. The plan was for me not to return to work from my holidays.

Putting a plan in place

I decided to dig in my heels. I kept ringing the Surry Hills store manager, and he finally got back to me to say that I was to start work there at 8.30 on the following Monday. I now had my position confirmed, and a plan in place. At no time did the area manager contact me to confirm any of this. At 8.30 on the Monday morning I turned up for work as confirmed and gave two weeks notice. I believe the area manager was furious, but I can’t confirm that, as he totally ignored me for the next two weeks, despite regular visits to the store. He didn’t even bother to wish me luck on the day I left. At least I felt that I had a hand in my own demise - in the end it hadn’t been determined by him.

Discrimination and prejudice are NEVER to be tolerated - anywhere!

After several weeks of tossing backwards and forwards whether I should report his conduct to the company or not, I decided to let it drop. My health wasn’t the best at the time, and I had no witnesses to the discrimination. The Darlinghurst store manager -despite telling me what was going on -wasn’t going to back me up, as it would have put his job on the line. He had, in fact, asked me not to divulge the information he had given me, and despite the fact that he had treated me like shit, I sort of felt sorry for him. After all, he was stuck with the area manager, and I no longer was.

In retrospect now, I regret that decision. It still plays on my mind from time to time, especially when I hear of others encountering harassment and discrimination in their workplace. I regret not mentioning it to my other staff members at Darlinghurst -none of whom had any issue with a manager who was gay and HIV+. I especially regret not taking it further with the company and possibly onto the Anti-Discrimination Board. As I have mentioned, despite having no witnesses, and being in a his-word-against-mine situation (with the odds being stacked on his side), at least there would have been a report and I would have sewn the seeds of doubt. Even back in those days Coles/Myer had an anti-discrimination policy. It is a regret that I now have to live with.

If you are suffering any kind of harassment or discrimination in your workplace, report it! Your workplace should be somewhere you look forward to going to everyday, not somewhere that you sneak to with trepidation, wondering what is in store for you to make your life difficult. Even if you have no witnesses to what is being done to you, it is important both for your confidence and self-respect to ensure that there is at least a report written, and that it goes into company records, probably through Human Resources. There are also community and government organisations that can advise and direct you as to what actions can be taken.

Where to get legal help if you are experiencing discrimination

HIV/AIDS Legal Centre (HALC)
A free legal service available to anyone with an HIV/AIDS related legal matter.
HALC observes strict standards of confidentiality and any information that you provide is always kept strictly confidential.
For telephone advice, or to make an appointment to see a lawyer, contact HALC:
Monday - Friday, 10am - 6pm
Phone (02) 9206 2060
Freecall: (02) 1800 063 060
Email: halc@halc.org.au

NSW Anti-discrimination Board (ADB)
The ADB investigates and conciliates complaints of discrimination, harassment and vilification. It informs and educates the people of NSW, employers and service providers about their rights and responsibilities under anti-discrimination law.
www.lawlink.nsw.gov.au/adb

Human Rights and Equal Opportunity Commission (HREOC)
The goal of HREOC is to foster greater understanding and protection of human rights in Australia and to address the human rights concerns of a broad range of individuals and groups.
www.hreoc.gov.au/

Unions
Unions will have staff to offer confidential support around any concerns about your treatment at work. They may also be able to offer you representation in any dealings with employers and/or legal proceedings. If you are a member of a union, speak to your union contact as soon as possible.

Your Lawyer
If you already have a lawyer, contact them first to ask their advice before speaking to your employer. Lawyers will generally charge for any services so be sure to ask in advance about any potential charges. See ACON website – ‘Employment rights for people with HIV’- http://www.acon.org.au/living_with_hiv/