Boshaw claims that Reynolds conditioned his promotion to front-of-house operations manager on "his agreement not to publicly disclose" his sexual orientation and to act more masculine. But Boshaw offers no evidence that this promotion, which was his third, was delayed by such a condition. True, Boshaw removed his Facebook relationship status before his first promotion. Yet during the same period, Boshaw posted pictures of himself, his children, and his partner on his public Instagram page with hashtags such as "#gayselfie" and "#gayswithkids", suggesting that Reynolds's condition had no impact on the promotion decision.… Boshaw was promoted despite his open and obvious noncompliance with the supposed condition on his social media postings.…
In all, Boshaw secured three promotions in eight months, rising from an entry-level server to front-of-house operations manager. All things considered, Boshaw's rapid rise shows that Midland did not delay or deny his promotions because of sex discrimination.
Every incident of bad behavior doesn't equal a legal wrong. Yet, just because you get away with something doesn't make it right or justify the behavior. We don't tell gay employees to hide their sexual orientation or act less gay, just like we don't tell our Black employees to hide their Blackness or act less Black.
Do better, employers. We're watching.