A Northampton County nursing assistant is taking action against the Alzheimer’s patient-care facility that recently fired her, citing discrimination because she is a trans woman of color.
“Jane Doe” filed suit Sept. 18 against The Gardens for Memory Care at Easton, seeking an unspecified amount in damages and remedial measures at the facility. The case has been assigned to U.S. District Judge Wendy Beetlestone, who’s based in Philadelphia.
Easton is 55 miles north of Philadelphia. According to the 50-page lawsuit, Doe worked at The Gardens as a nursing assistant from April to September 2017. She maintained she was harassed and misgendered by coworkers on a frequent basis, thus creating a hostile work environment.
A coworker allegedly told Doe she would “go to hell” if she didn’t ask God for forgiveness. Another coworker allegedly expressed dismay that Doe “still had a dick,” according to the suit.
A supervisor would routinely misgender Doe verbally and in writing despite Doe’s protestations, she said in the suit.
Doe “felt embarrassed and humiliated in front of the patients because [her] female appearance, use of female name and female pronouns, did not correspond with [Doe’s] supervisor’s use of [a] male name and male pronouns,” the suit states.
In June 2017, Doe filed a formal grievance with the facility’s human-resources department citing anti-trans mistreatment, but it remains unclear whether an investigation was undertaken.
When she complained to senior officials in September 2017, she said she was terminated without a clear reason.
Doe alleges discrimination on the basis of race, gender, gender identity and disability. Her disability is gender dysphoria, according to the lawsuit. She’s also alleging retaliation for complaining she was mistreated at the facility. A jury trial has been requested, according to court papers.
Michael Fragin, a spokesperson for The Gardens, issued a statement saying, “The Gardens for Memory Care at Easton has zero tolerance for discrimination of any kind. The Gardens is an equal-opportunity employer and boasts a diverse workforce. Given the pending legal proceeding, we are unable to comment on any specific incident or allegation.”
Justin F. Robinette, an attorney for Doe, declined to comment.