District of Columbia
Trans employee awarded $930,000 in lawsuit against D.C. McDonald’s
Jury finds franchise failed to stop harassment, retaliation by staff
A D.C. Superior Court jury on Aug. 15 ordered a company that owned and operated a McDonald’s restaurant franchise in Northwest Washington to pay $930,000 in damages to a transgender employee who charged in a lawsuit that she was subjected to discrimination, harassment, and retaliation because of her gender identity in violation of the D.C. Human Rights Act.
The lawsuit, which was filed in January 2021 by attorneys representing Diana Portillo Medrano, says Medrano was first hired to work at the McDonald’s at 5948 Georgia Ave., N.W. in 2011 as a customer service representative and was recognized and promoted for good work until she began to transition as a trans woman two years later.
It says she was fired in 2016 after she filed a discrimination complaint with the D.C. Office of Human Rights on grounds that she did not have legal authorization to work in the U.S. as an immigrant from El Salvador. One of her attorneys, Jonathan Puth, said the jury agreed with the lawsuit’s allegation that the reason given for the firing was a “pretext” and the real reason was retaliation for her discrimination complaint.
Puth said evidence was presented during the eight-day civil trial that the McDonald’s had knowingly hired other immigrant employees who did not have legal authorization to work and never held that against them.
“Despite a successful five-year career with McDonald’s marked by raises, promotions, and awards and absence of discipline, Plaintiff Diana Medrano’s supervisors and co-workers subjected her to a barrage of taunts, laughter, ridicule, and harassment because she is a transgender woman,” the lawsuit states.
“Managers and supervisors routinely referred to her as male despite her expressed request that they respect her gender identity as female, encouraging co-workers to harass her relentlessly in like fashion,” it says. “When she complained to her managers, they claimed Ithat the harassment was justified because she hadn’t legally changed her name,” the lawsuit’s complaint continues.
“After she formalized and elevated her complaints, Defendants fired her on pretextual grounds. Defendants discriminated against Ms. Medrano because of her gender identity and retaliated against her in violation of the District of Columbia Human Rights Act,” the lawsuit complaint states.
The lawsuit names as defendants International Golden Foods LLC and MCI Golden Foods LLC, two companies based in Burke, Va. that it says were owned and operated by Luis Gavignano, who is also named as a defendant in the lawsuit. The lawsuit says the two companies held the franchise rights to own and operate the McDonald’s where Medrano worked.
The Washington Blade’s attempts to reach a spokesperson for the two companies and for Gavignano as well as two of the attorneys that represented them in contesting the lawsuit through email and phone messages were unsuccessful.
In a nine-page written answer to the lawsuit filed Feb. 12, 2021, on behalf of International Golden Foods, which is referred to as IGF, attorneys Amy M. Heerink and Kelvin Newsome dispute the allegations that Medrano was targeted for discrimination and harassment because of her gender identity.
The written answer to the complaint highlights the company’s claim that Medrano was fired because she didn’t have legal authority to work in the U.S. It refers to the company’s personnel official, Carla Vega, who informed Medrano that she could no longer work for the McDonald’s outlet.
“IGF admits that Ms. Vega informed Plaintiff that her employment had to be terminated due to Plaintiff’s voluntary and unprompted statement during the investigation that she was not authorized to work in the United States,” the written answer to the lawsuit states. “IGF admits that Plaintiff’s employment was terminated based on her ineligibility to work in the United States,” it says.
“The jury clearly found that IGF continually used unauthorized employees, hired and employed unauthorized workers knowingly,” Puth, Madrano’s attorney, told the Blade. “And they never fired anyone for that reason at any of their stores except for Diana,” Puth said.
“And so, the jury found that the reason given was a pretext for retaliation,” he said. “That was what was motivating them. They were motivated to retaliate against her because she kept complaining about discrimination.”
Puth noted that Medrano initially filed her complaint with the D.C. Office of Human Rights and was represented at that time by an attorney with Whitman-Walker Health’s legal clinic. He said Whitman-Walker later referred her to his law firm, Correia & Puth, after determining the case could not be resolved at the Office of Human Rights.
The jury’s verdict of $930,000 in damages included $700,000 in punitive damages and $230,000 in damages for the emotional distress Medrano suffered due to the discrimination and harassment to which she was subjected.
A statement released by the law firm representing her says the action by the jury is believed to be the first jury verdict in a transgender employment discrimination case under the D.C. Human Rights Act.
Attorney Puth and his law firm partner, attorney Andrew Adelman, were the attorneys of record representing Medrano in her lawsuit.
“When you are sure of what you have experienced, no matter how much time passes, the truth will come to light,” Medrano said in the statement released by her attorneys. “Our truth is our best weapon to achieve justice,” she said. “It is truth, justice, and faith in God that have helped me get here.”
In his law firm’s statement, Puth called the jury’s verdict a vindication of Medrano’s 11-year battle for her legal rights.
“Diana is our hero,” he said. “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.”
Puth said earlier this year Medrano was approved for U.S. political asylum based on discrimination and harassment she faced in El Salvador. He said she is currently working full-time as a counselor for Empoderate, an LGBTQ health organization providing services for the Latina/Latino community that is affiliated with the D.C.-based La Clinica del Pueblo.
District of Columbia
Hands Off the Arts to form ‘human chain’ around Kennedy Center
Drag performer Tara Hoot among event organizers
An organization called Hands Off the Arts has announced it is holding a protest on Friday, Sept. 18, in which between 400 and 800 participants are expected to create a “human chain” around the Kennedy Center to voice their strong objection to President Donald Trump’s call for possibly demolishing the Kennedy Center.
“Hands Off the Arts is organizing a rally Sept. 18 against the president’s defacing of JFK’s memorial, his removal and censorship of art, and the threat to demolish the center if he can’t remake the site in his image,” a statement released by the group says.
The statement says the event will start with a rally at 6:30 p.m. on the Kennedy Center steps and culminate with a “human chain” around the building. “There will be musical performances, testimonials from current and former employees, along with other special guest speakers,” it says
A separate announcement by the group says longtime D.C. drag performer Tara Hoot, who has performed at the Kennedy Center in past years, was among the organizers of the Sept. 18 protest.
The planned protest follows Trump’s decision last year to use his authority to replace the existing members of the Kennedy Center’s board of directors with new members loyal to him. Over the objection of longtime Kennedy Center supporters, the Trump-appointed board changed the name of the center, at Trump’s request, from the John F. Kennedy Memorial Center for the Performing Arts to the Donald J. Trump and the John F. Kennedy Center for the Performing Arts.
But following the threat of legal action by opponents who pointed out that the name change could not be legally made unless approved by Congress, the name change was cancelled, with Trump saying he would take steps to restore it later.
The Washington Post, meanwhile, reports in a Sept. 13 news story that because of negative publicity related to Trump’s actions, the Kennedy Center was facing “fiscal collapse” and possible bankruptcy and could be forced to shut down as early as this week.
According to the Post report, a 57-page document presented to the Kennedy Center’s board of trustees says the center was facing a financial and structural building crisis, with the recent collapse of part of the building’s inside ceiling, indicating the building was unsafe for employees and the public. Among other things, the document says the Kennedy Center may not be able to make payroll or pay for routine maintenance “within a matter of weeks,” the Post reports.
Some LGBTQ advocates were among those who joined others in boycotting the Kennedy Center to express their objections to Trump’s actions, including a statement by Trump that he objected to the Kennedy Center’s practice of hosting drag performances.
The Gay Men’s Chorus of Washington has been among the LGBTQ performing arts groups and artists that have performed at the Kennedy Center.
“With the future still very much uncertain, now more than ever, the Center needs you to stand up for freedom of expression and against authoritarian overreach into arts and culture institutions,” the Hands Off the Arts group says in its announcement of the Hands Around the Kennedy Center protest.
“You have the opportunity to make a difference — show up with Hands Off the Arts and show your power as part of Hands Around the Kennedy Center,” it says.
A spokesperson for the Kennedy Center couldn’t immediately be reached for comment.
District of Columbia
Blade welcomes fall intern
Alexis McLean is student at University of North Florida
The Washington Blade this week welcomed Alexis McLean as its fall intern.
Alexis is studying political science at the University of North Florida in Jacksonville, Fla. She is interning with the Blade as part of a continued partnership with the Washington Center.
“I am looking forward to spending my time in the fall with the Washington Blade, as this is a new experience for me,” said Alexis. “I have not experienced any journalist jobs in the past so this would be my first time, and I am excited to better my writing and communications skills with this internship.”
Alexis’s internship with the Blade ends in early December.
District of Columbia
‘People don’t see me. They see a trend’
New popularity of all things Asian warps view of multiple cultures
As I was growing up, my parents often shared stories about how they were bullied when they were my age, just for being Asian. My mom is Cambodian and my dad is “Wasian,” Chinese and white. Students teased them for their looks, their homemade lunches, and treated their traditional holidays as jokes.
I once asked my mom when I was little if she could pack me dumpling leftovers for lunch. “Yes,” she said with a surprised look, adding, “I would have never wanted to bring dumplings to school when I was your age because I would always get bullied for them. I’m glad times have changed.”
At the time, I was confused. Whenever I brought a homemade Asian dish to school for lunch, I was happy to hear intriguing and curious questions from the other kids. It felt good to have my meal be popular and different from the Lunchables everyone else had.
Though times have changed, racism still continues. It just has a new face. Today, social media pretends to flatter our cultures in an insincere way trying to gain popularity just for clicks. Think anything from K-pop to Japan’s surge in international tourism. Even Starbucks has added drinks with the flavor of ube yam, native to the Philippines, onto its menu.
I feel that now when people see me, they don’t see me, they see a trend.
For years, Asian people have been portrayed as foreign or exotic. The new embrace of foods and fashion at first felt good. Asians have never been represented as much as they’ve deserved.
But this new popularity warps what non-Asians see. Instead of the blunt and direct racism my parents faced, everything now is a gray area, more discreetly hidden behind some TikTok video. It actually normalizes racism and stereotypes.
Whitewashing my culture
As a 15-year-old Asian American who lives in D.C., I’ve always been one of the few Asian kids in school; my high school today counts less than 2 percent of students as being of Asian descent. I remember always being called “that one Asian girl” or some slur a kid learned from their parents. Every time I search for something related to Asian culture, such as a recipe or maybe a holiday, it’s always the same thing: some white person whitewashing my culture.
Social media is the main culprit, of course. I realized this when I entered high school and got a phone and was introduced to the internet. That is when I realized how messed up the new stereotypes around Asians are.
One pattern I started to notice was people wanting to be Asian just because it was popular. It was hurtful, patronizing, and annoying. They made assumptions about our race and then only found us “cool” because we were trending. How can people go from hating us or finding us weird, to then only liking us because we’re popular?
There was a trend going around on TikTok called “race change to another” or RCTA. It is this trend of people manifesting certain physical traits to change their appearance in order to change races. According to journalist Emi Tran, writing then as an intern for NBC Digital, the trend started when a white woman wanted to be Japanese. The woman began posting TikTok videos of herself wishing for different features such as monolids. Tran wrote in that 2023 article that “the overwhelming majority of the RCTA community wants to be East Asian.”
People also look up to K-pop culture, idolizing the pop groups pulled together by big entertainment companies. Most people expect all Koreans to be K-pop fans. Korean friends are asked about K-pop all the time even though they are not into the South Korean music genre.
Although I am not South Korean — I am half Cambodian and Chinese — I still get asked, almost like I’m expected, “You’re really into this group, right?” or “Can you tell me how to pronounce this member’s name?”
I was asked even worse questions during COVID-19. Suddenly, discrimination and violence were increasing specifically toward Asians everywhere. Suddenly, almost everyone was blaming Chinese people for spreading and causing COVID-19.
I remember going to school for one of the last times before quarantine had started and hearing kids whisper, “Oh, she’s going to give us the Coronavirus.” President Donald Trump had publicly posted his opinions about the situation on social media, blaming China for the pandemic, even calling it the “Chinese Virus” or the “Wuhan Virus.” According to NPR, anti-Asian hate crimes in U.S. cities surged 149 percent that year.
The topic of Asians in the media has always been complicated. One moment people can hate us for being weird and different and the next we’re suddenly popular and cool for the same reasons.
I feel conflicted on whether I should feel happy that we’re being represented or angry that it’s all for the wrong reason and has the wrong effects.
Lily Brugman is a sophomore at Benjamin Banneker Academic High School, one of Youthcast Media Group’s journalism class partners. She worked with YMG volunteer and Professor Emerita in journalism at American University Amy Eisman on this piece.
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