SAN FRANCISCO – A transgender man claims he was wrongfully terminated and that his San Mateo employer did not accommodate his post-surgery medical needs.
Adrian Scott Duane filed a complaint on Jan. 6 in the U.S. District Court for the Northern District of California against the IXL Learning Inc. and Paul Mishkin alleging violation of the Family and Medical Leave Act and wrongful termination.
According to the complaint, the plaintiff alleges that on Jan. 8, 2015, he suffered damages as a result of defendant's unlawful termination of his employment, on basis of defendants' discovery that plaintiff's medical leave was for gender confirmation surgery and because he asserted his protected rights. The suit also states that the plaintiff posted on Glassdoor.com that the defendants discriminated against him.
The plaintiff holds IXL Learning Inc. and Mishkin responsible because the defendants allegedly refused to accommodate his post-surgery medical needs and terminated him for asserting his protected rights.
The plaintiff requests a trial by jury and seeks judgment against defendants, back pay, front pay, benefits, liquidated and compensatory damages, interest, attorneys’ fees, costs and further relief as the court deems just. He is represented by David Marek of The Marek Law Firm in Palo Alto.
U.S. District Court for the Northern District of California Case number 3:17-cv-00078