Former Employee allege Wrongful Termination for Gender Alterations

California – A former transgender call center employee, Marco “Marlo Kaitlin” Gallegos, filed a wrongful termination lawsuit against Wells Fargo. According to the Los Angeles Superior Court complaint, Wells Fargo was allegedly responsible for workplace discrimination, a hostile work environment, workplace retaliation, and wrongful termination, at work. The plaintiff also alleged “intentional and negligent infliction of emotional duress” The bank’s senior vice president said “Wells Fargo’s strong commitment and service to the LGBT community dates back over 25 years.”

Gallegos started working for Wells Fargo in August 2010 as a male. Four months later Gallegos commenced his transition into a female. She adopted the name Marlo and Kaitlin as her middle name. Although Gallegos requested to be addressed as Marlo, her co-workers continued to call her Marco. The transgender transition Gallegos to take “testosterone blocker and hormone” supplements. In addition to the supplements, the complain states Gallegos started wearing female attire to complement her image.
The following May, Gallegos was degraded by one of the bosses who informed her that her final resting place would be hell due to her “unnatural” action that insulted God, according to the wrongful termination lawsuit. Gallegos followed protocol, and informed a supervisor about the harassment and sexual orientation discrimination she experience with another boss. As oppose to resolving the issue, Gallegos claims the supervisor complained about her work ethic and performance.
Since Gallegos couldn’t receive any support from her managerial staff, she attempted to transfer to a different work division including Hispanic customers. The lawsuit states that another employee learned about Gallegos’ plan and stated, “You really think they’re going to give the position to you?” Despite the employee’s derogative comments, Gallegos was granted her internal transfer. Gallegos’ co-worker continued to make degrading comments including “Oh, I just thought he was an ugly woman.” According to court records, the co-workers also addressed her as “The Mask.”

Hostile Work Environment: Emotional Side Effects

The negative comments Gallegos faced were endless. As a transgender individual fighting for one’s purpose in society, and battling a hostile work environment, it becomes overwhelming to sustain one’s sanity. The lawsuit displays a report to Human Resources with Gallegos stating, “the hostile work environment was too much to bear and that she often thought about committing suicide.”
As time progressed, the work conditions failed to improve. Gallegos found herself being “excluded” from work gatherings consisting of staff and supervisors. The complaint states, in August 2014, Gallegos was terminated from her job on the basis of hearsay stating the bank could no longer provide employment to her. Initially, a part of Gallegos’ case was dismissed due to a “long-standing history of performance issues and absenteeism.” Although the bank claims the allegations are “inconsistent” with the long-term relationship Wells Fargo shares with employees, the bank and Gallegos managed to reach a wrongful termination confidential settlement.

Wrongful Termination Lawyer

If you sense, you have been a former employee who experienced wrongful termination in New York City, Miami, New Jersey, or Philadelphia, contact a wrongful termination lawyer at 800-807-2209 for a free consultation.

About Derek Smith

Attorney Derek T. Smith is an experienced sexual harassment & discrimination law litigator who has particular experience in the areas of workplace discrimination, sexual harassment, wrongful termination, civil rights litigation, employment law and civil litigation.

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