SCRANTON – A transgender woman alleges she was subject to a hostile work environment and harassing comments at her place of employment in violation of state and federal laws, leading her to terminate her position with company last month.
Jane Doe filed suit in the U.S. District Court for the Middle District of Pennsylvania on April 25 versus Ability Recovery Services, LLC and Ability Recovery, LLC, both of Dupont.
“Plaintiff identifies as transgender. Plaintiff’s preferred pronouns are ‘she,’ ‘her,’ [and] ‘hers.’ Plaintiff began employment with defendants as a Debt Collector in or around August 2023. Plaintiff’s job duties consisted of calling customers of defendants’ clients for the purpose of collecting debts. Plaintiff was qualified for the position she held. Plaintiff worked to the satisfaction of defendants during her employment,” the suit states.
“Plaintiff’s performance was commendable. During plaintiff’s employment, plaintiff had made a substantial recovery for defendants. Defendant had notice or knowledge of plaintiff’s transgender status during her employment. Plaintiff was asked to show her identification at the time of hire. Plaintiff showed her I.D. which identified her sex assigned at birth. Plaintiff’s gender identity is female. During plaintiff’s employment, she was subject to harassment and a hostile work environment on account of her sex, gender identity and gender stereotyping.”
The suit continues by outlining the alleged instances of such behavior in the workplace.
“Co-employee, Debt Collector, Tara LNU, stated to plaintiff, ‘What are you going to get done?’, close in time to plaintiff’s date of hire, referring to gender-affirming surgery/surgeries. Co-employee, Greg Masters, Debt Collector, stated in plaintiff’s presence, ‘I think some people here are using the wrong bathroom,’ or words to that effect, and then other employees started laughing. Co-employee, Lori LNU, Debt Collector, misgendered plaintiff with, ‘Sir.’ It is believed and therefore averred that Lori LNU intentionally misgendered plaintiff. Co-employee, Debt Collector, Jennifer LNU, misgendered plaintiff. Plaintiff was trying to reach another co-worker in the office when Jennifer interjected, ‘He’s trying to reach you.’ Plaintiff’s gender identity is female. It is believed and therefore averred that Jennifer LNU intentionally misgendered plaintiff,” the suit says.
“Debt Collector, Jennifer LNU, stated to plaintiff, in or around December 2023, ‘You don’t look like yourself,’ or words to that effect. Jennifer LNU also commented, ‘I don’t want to accept my son because he wears women’s clothes,’ or words to that effect. On or about September/October 2023, Mr. Mark Carson, supervisor/manager, stated, ‘That’s a man pretending to be a woman,’ talking about a customer on the phone. Plaintiff reported the comments from Jennifer LNU, specifically, to supervisor/manager, Ms. Kim Rhodes. Ms. Rhodes told plaintiff, ‘You have to have thick skin,’ [and] ‘Maybe you don’t belong working here. Co-employee, Aubery LNU, stated, ‘I can’t stand you,’ to plaintiff, on or about April 11, 2024.”
The suit adds that Doe’s co-worker, Tara LNU, referred to the plaintiff as a ‘man,’ stated that the plaintiff smelled, when she did not, and stated, ‘I’m going by what’s in the Bible,’ ‘I don’t have to be nice to anybody,’ and ‘If I want to say stuff to you I will,’ or words to that effect.
“Plaintiff was subject to a hostile work environment on account of sex. Defendants failed to provide prompt and appropriate action to prevent, correct and remedy harassment because of sex. Plaintiff terminated her employment with defendants on April 11, 2024,” the suit states.
For counts of violating Title VII of the Civil Rights Act of 1964 through hostile work environment based on sex, constructive discharge/termination, violating the Americans with Disabilities Act of 1990 through hostile work environment based on disability, failure to accommodate disability and constructive discharge/termination based on disability, violating the Pennsylvania Human Relations Act through harassment/hostile work environment based on sex, constructive discharge/termination based on sex and failure to accommodate disability, the plaintiff is seeking, individually and/or jointly and severally, damages in excess of $150,000, which will fully and fairly compensate plaintiff for any and all back and front pay, overtime, benefits, bonuses, commissions and promotions she would have received; compensatory damages for pain and suffering, mental distress and emotional distress; pre- and post-judgment interest, reasonable attorneys’ fees, costs of suit; equitable/injunctive relief requiring defendants to provide a neutral employment reference for plaintiff, to conduct sensitivity training for all of defendants’ employees, and such other and further relief that this Court deems just, proper and equitable.
The plaintiff is represented by Justin F. Robinette of Giampolo Law Group, in Philadelphia.
The defendants have not yet retained legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 3:24-cv-00713
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com