September 5, 2024, Washington, D.C. – A DC Superior Court jury has awarded $930,000 to Diana Portillo, a transgender employee of a Washington, DC McDonald’s franchise, after finding she had been harassed because of her gender identity and retaliated against after complaining of discrimination. The case against a privately owned McDonald’s franchisee, International Golden Foods, LLC, or “IGF,” was tried over eight days, resulting in a jury award that includes $700,000 in punitive damages. The jury’s verdict, which was handed down on August 15th, is believed to be the first jury verdict in a transgender employment discrimination case under the D.C. Human Rights Act.
During her time working at the McDonald’s franchise on Georgia Avenue, N.W., Portillo’s managers kept using a male name and pronoun for her and ridiculed her for being transgender. In 2016, after a supervisor openly confronted her for using the women’s room, yelling “What are you doing using the female bathroom?” and “You’re not a woman, you’re a man,” Portillo complained of discrimination. Eight days later, she was fired. The jury in her case found that IGF had violated the D.C. Human Rights Act, which protects employees from discrimination and harassment on the basis of gender identity and prohibits retaliation against employees who complain of discrimination.
“When you are sure of what you have experienced, no matter how much time passes, the truth will come to light,” Portillo said following the jury’s verdict. “Our truth is our best weapon to achieve justice. It is truth, justice, and faith in God that have helped me get here.”
“The jury’s verdict is vindication for Diana’s 11-year battle for her legal rights,” added attorney Jonathan Puth, who also represents Portillo. “Diana is our hero. She stood up for her rights in the face of terrible harassment and kept fighting even after she was fired for doing so. This verdict puts other employers on notice that tolerating harassment of transgender employees is both unlawful and costly.”
Attorney Andrew Adelman of Correia & Puth noted that, “It was made clear to the jury that IGF’s own policies required that they respect Diana Portillo’s requests to be referred to by her chosen name and pronouns, but they just refused to do so, even after she complained it was discriminatory that they would not do so. The punitive damages award is especially gratifying because Diana always had the conviction that the law required IGF to act, and the jury apparently agreed wholeheartedly.”
Portillo is represented by Jonathan Puth and Andrew Adelman at Correia & Puth, PLLC, a District of Columbia law firm dedicated to the representation of employees. Prior to the filing of her lawsuit in 2021, Ms. Portillo was represented by the legal team at Whitman-Walker Legal Clinic. Ms. Portillo’s case is supported by the TIMES UP Legal Defense Fund.
