Salt Lake City, USA - William Carlton May thought a promotion to chief executive officer of Totally Awesome Computers seemed logical. After all, he says, he had been running the company's day-to-day operations for three years.
But owner Dell Schanze kept saying the then-vice president would be perfect for the job, except he wasn't Mormon, May contends. Schanze allegedly told May, "You cannot make decisions the way I want you to because you are not LDS."
That allegation could be part of a weeklong trial slated to begin Monday on May's wrongful-firing lawsuit against Superdell's Computers Inc., a Sandy-based company that does business as Totally Awesome Computers (TAC).
May's attorneys plan to present evidence intended to show Schanze was a volatile boss who discriminated against minorities and people who were not members of The Church of Jesus Christ of Latter-day Saints.
But some evidence will be limited. U.S. District Judge Dale Kimball has ruled that testimony about alleged insults about women and gay people will be allowed only if it provides evidence of religious bias or of a hostile workplace.
Schanze and the company deny all allegations.
The Salt Lake City judge also ruled last week that testimony about recent misdemeanor charges against Schanze will not be allowed during the trial. Schanze allegedly brandished a gun during an altercation with Draper residents at the Point of the Mountain Paragliding Park. Testimony about that case, which is pending in Utah's 3rd District Court, would be prejudicial, Kimball said.
May, who is Latino, contends Schanze repeatedly made condescending comments about Hispanics and used the company e-mail system to disparage racial and ethnic groups. He says he was first demoted from vice president to technician and then fired in June 2003 after he filed a complaint with the Utah Anti-Discrimination and Labor Division.
The company insists May was treated fairly.
TAC officials say May hacked into the company e-mail system while they were investigating complaints about him from other employees, then lied about his actions. After he was demoted for his misconduct, May allegedly told a co-worker about his plans to hurt the company, leading
to his suspension and eventual firing.
In depositions and court filings, May and at least two other TAC workers allege they heard Schanze make disparaging remarks about minorities, women or gays. May says Schanze asserted that non-Mormons are Satan worshippers and that he repeatedly referred to himself as "the brother of Jesus." And one employee said Schanze discussed putting up anti-gay billboards.
Other employees, however, say Schanze never discussed religion with them and they never saw him discriminate against anyone. Although their boss would joke around, he did not make slurs, they say.
In a deposition, Schanze acknowledged he once sent out a company e-mail saying two employees had been fired because they were gay Romanian Lutherans, but said it "was obviously a joke." He also said he disagrees with what gays do but he loves everyone and has friends who are gay.
Lawyers for TAC say May, once Schanze's close friend, is motivated by personal animosity.
"A significant part of May's trial strategy appears to be a personal attack on Schanze utilizing whatever negative evidence that might be available," the TAC lawyers said in a court filing.
At a hearing Friday, Eric Olson, an attorney for Schanze, argued that May is trying to bring in unrelated testimony as part of a smear campaign. He said the trial should focus on the alleged racial and religious discrimination.
Russell Monahan, a lawyer for May, countered that Schanze's comments on gender and sexual orientation often were interlaced with remarks about race and religion.