Attorney for GAP, on trial for its practice of mobbing against a homosexual employee, claimed that Istanbul LGBTI was trying to build its reputation through the case. The association stated “We will not let our spaces of work be destroyed, they are already limited to begin with”.
Source: Çiçek Tahaoğlu, “GAP’te Mobbing Davasında 5. Celse: ‘Benim de Eşcinsel Arkadaşlarım Var”, bianet, November 9, 2017, http://bianet.org/bianet/lgbti/191391-gap-te-mobbing-davasinda-5-celse-benim-de-escinsel-arkadaslarim-var
U.S.-based textile company GAP’s Turkey branch is on trial for practising mobbing against a homosexual employee. The fifth hearing took place today at Istanbul Ninth Labour Court today (Nov. 9).
A homosexual man, store manager who had been working in the Kanyon Mall branch of GAP for nearly ten years, resigned in early 2015 when he had started to experience mobbing after the regional manager M.A’s arrival.
The gay employee says that someone had filed a complaint with the ethics department of the company based on his sexual orientation and that he was warned during meetings with phrases such as “Are you a man?”, “Be a man”. The employee later sued the firm for mobbing with the help of Istanbul LGBTI Association.
At the hearing GAP’s attorney claimed that Istanbul LGBTI filed a lawsuit against the global company in order to make a name for itself. On the minutes of the hearing, Istanbul LGBTI was stated as a “sexual LGBT association.”
Istanbul LGBTI’s Chair Kıvılcım Arat told bianet “We regard this case not as a mobbing lawsuit filed by an individual, but an exemplary case in which we defend everyone who has been discriminated against based on their sexual orientation and identity. We will not let our spaces of work be destroyed, they are already limited to begin with.”
Complaint against homosexuality with the company’s ethics department
At the second hearing today, a witness for the plaintiff and another for GAP were heard. The witness for the plaintiff stated that he is homosexual as well and that he witnessed the gossip about the plaintiff, suggesting that both himself and the plaintiff were subject to mobbing due to their homosexuality. The witness also stated that there was a rumor about himself and the plaintiff staying in a hotel in Bartın together and that one employee sent an e-mail to the company’s ethics department [based] on this rumor.
The witness for GAP, the regional manager M.A, said that there was no discrimination at the company “based on religion, language or race”, that he had not witnessed any cases of mobbing against the plaintiff and that this person left his job of his own will.
GAP’s attorney also claimed that the report written by the Council of Forensic Medicine which states that the plaintiff was psychologically affected by the mobbing is not scientific.
The next hearing where other witnesses will be heard will be on February 28, at 11:50.
Istanbul LGBTI: We will not be “men”, we will be humans!
In its statement on the case, Istanbul LGBTI underlined the fact that the GAP company is known for its global social responsibility campaigns against homophobia and gender discrimination, stating “Every barrier you build against our right to work strengthens our determination for struggle and our spaces of solidarity! We will not be “men”, we will be humans! And we will take you out of the darkness created by manhood into the light of being human!”.
The association’s chair, Arat, emphasized the lack of awareness about mobbing in the Turkish judiciary and said:
“This case has been continuing for the last three years and in each hearing GAP finds an excuse and pushes for postponement. GAP’s headquarters in the USA does not make any explanation about the mobbing against the employees in Turkey and about the fact that the forensic report proved the practice.
“What we have seen is that GAP’s policies for the USA and Europe are highly different than that of the Middle East. We had a brief talk with GAP’s attorney after the hearing. They said that they have homosexual friends too. So I said I have heterosexual friends too.
“When I think of the current state of the justice system in Turkey, I can’t really predict the outcome of the trial. We sued Alperen Hearths and Muslim Anatolia Youth under the state of emergency circumstances and it was the first ever case of ‘inciting the public to hatred and rage’ against the fascists -an article which is generally used against the oppositional voices. We will also be following this trial.”