A wastewater treatment plant operator in the Buffalo suburb of Grand Island, New York, has filed a federal lawsuit accusing his employer and three town officials of years of harassment tied to his sexual orientation and a disability, including a false regulatory complaint that put his professional license at risk.

Years of Isolation and Slurs

Burns claims one colleague, upon learning he was gay, simply stopped speaking to him, went out of his way to avoid shared spaces, and cut off the kind of routine communication that keeps a treatment plant running safely. The behavior was reportedly obvious enough that other employees noticed and asked Burns about it directly. After Burns married his husband in August 2021, the same co-worker allegedly responded to news of the marriage with mock vomiting noises. A separate colleague is accused of hurling homophobic slurs at Burns and repeatedly attacking his competence on the job.

A False Report With Real Stakes

The lawsuit's most consequential allegation involves a complaint filed with the New York State Department of Environmental Conservation's spill line, claiming Burns had discharged sludge into a storm sewer connected to a nearby creek and wildlife preserve. State investigators looked into it and found that a small sludge spill had stayed on-site, never reached the stormwater system, and posed no environmental danger. That finding didn't undo the damage, according to the suit, which says the accusation exposed Burns to regulatory scrutiny and threatened his professional license, even after being cleared.

Isolated Plaintiff in a work environment where communication and coordination were essential to safe plant operations.
Timothy Burns' lawsuit

The lawsuit also alleges an uneven hand from the town itself: the co-worker accused of the slurs and the false spill report was allowed to resign in March 2025 despite what Burns describes as poor job performance, rather than face termination.

Disability Adds a Second Front

Burns also brings the case as a disability discrimination claim. He says the stress of the alleged harassment worsened physical symptoms, including severe nosebleeds, and that when he began regularly using a disability parking placard at work in September 2024, it triggered a fresh wave of harassment and retaliation rather than accommodation. That timeline, laid out in the suit, ties the two threads of the case together: colleagues and supervisors allegedly treated both his sexuality and his disability as grounds for exclusion, at different points and in different ways, over roughly four years.

Burns says the town passed him over for advancement despite holding the licensing qualifications required for promotion, instead elevating less-qualified employees. Grand Island's own website lists him as chief wastewater treatment plant operator, having since risen to senior operator, a detail that complicates but doesn't necessarily contradict his claim: promotions can still be denied unfairly even to employees who eventually climb the ladder, and the suit's timeline of exactly when he says he was overlooked will likely be a point of dispute in court.

MQ's Take

Municipal utility jobs rarely make headlines, which is part of why cases like this matter. Small-town public works departments are exactly the kind of workplace where a hostile colleague can make someone's daily life miserable with almost no outside scrutiny, and where a single false report to a state agency can threaten a person's livelihood long after the facts clear him. Burns' case is also a reminder that discrimination claims aren't always tidy: a person can be both harassed for who he loves and targeted for a disability, sometimes by the same people, sometimes for entirely separate reasons that happen to compound each other. The town of Grand Island has not publicly addressed the allegations, which isn't unusual for a defendant facing active litigation, but it leaves Burns' account, for now, unanswered in public.

What happens next depends on how a jury weighs years of alleged behavior against a workplace record that, on paper, shows Burns advancing anyway. That gap between lived experience and official titles is often exactly what employment discrimination lawsuits are built to untangle.

Source: Metro Weekly

Cover photo: Max Chen / Pexels

workplace-discrimination

Gay, Disabled Wastewater Plant Worker Sues NY Town Over Years of Harassment