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NORTHERN CALIFORNIA RECORD

Thursday, March 28, 2024

Transgender female sues employer, says co-workers called her 'dude'

State Court

SAN FRANCISCO -- A woman is suing the University of the Pacific for harassment, discrimination and retaliation leading to wrongful termination. 

Nicole Shaw filed a complaint on June 1 in the Superior Court for the State of California County of San Francisco against University of the Pacific and Does 1-50 for harassment in violation of FEHA, discrimination in violation of FEHA, retaliation in violations of the FEHA, failure to prevent discrimination, harassment and retaliation, retaliation in violation of FEHA, wrongful termination and violation of California Labor Code 226.

According to the complaint, Shaw began her employment on Oct. 12, 2020, as a married transgender female. Shaw's job title was "Patrol Officer" and upon taking the job, introduced herself as a female. 

Despite this, co-workers and supervisors would refer to Shaw as "dude" and "he/him" and Shaw would correct the co-workers and supervisors to no avail. Shaw met with Sergeant Emilio Fastidio, a “supervisor,” on Oct. 21, 2020, to discuss what was happening. 

The discrimination continued, Shaw alleges, only persisting and worsening. On Oct. 29, 2020, Shaw reported to HR the harassment and worsening treatment, and Corporal Quan asked how to refer to her, then replied "I'll just call you Nick," refusing her request to be addressed by female pronouns, the suit says. From then until Feb. 8, 2021, Shaw was subjected to continued harassment, discrimination and retaliation for multiple reports to HR, the suit says, and was fired on Feb. 8, 2021.

Shaw seeks general, special, actual, compensatory and/or nominal damages, attorney's fees and cost of suit. Shaw is represented by Oleg I. Albert of Le Clerc and Le Clerc LLP. 

Superior Court for the State of California County of San Francisco case number CGC-21-592344

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