Washington, D.C. – A landmark court victory has underscored the ongoing struggles and eventual triumph of Diana Portillo, a transgender immigrant who battled against workplace discrimination. A jury at the D.C. Superior Court awarded Portillo $930,000, marking a significant moment in the fight for transgender rights under the D.C. Human Rights Act.
Portillo, who was employed at a McDonald’s on Georgia Ave. managed by International Golden Foods, LLC, endured continual misgendering and derogatory comments at work after she transitioned and began presenting according to her gender identity. Despite requests for her colleagues and management to respect her gender identity, Portillo’s pleas were met with resistance and ridicule.
The jury’s award included $700,000 in punitive damages and $230,000 for emotional distress, pain, and suffering. This decision is celebrated as the first of its kind favoring a transgender employee alleging discrimination based on gender identity under local human rights law.
Jonathan Puth and Andrew Adelman of Correia & Puth, PLLC, the attorneys representing Portillo, highlighted the courage she demonstrated by standing up for her rights despite the hostile work environment. Their defense detailed the years of abuse that Portillo faced, which included being deadnamed, mocked for her appearance, and subjected to verbal harassment.
This abuse escalated following her complaints about the discriminatory treatment. Reports to human resources and higher management were met with inaction. The situation deteriorated further when a supervisor publicly chastised her for using the women’s restroom, intensifying the hostile encounters.
In retaliation for her complaints, Portillo was fired, a move that prompted her to file an official charge with the D.C. Office of Human Rights. With no resolution in sight, her case was taken up by Correia & Puth, who initiated a discrimination lawsuit against the franchise in 2021.
The trial, which spanned eight days, culminated in a verdict that underscored the jury’s stance on protecting individuals against discrimination based on gender identity. This case not only represents a personal victory for Portillo but also serves as a stark reminder of the challenges that remain prevalent in workplaces.
Following her court victory, Portillo has devoted herself to advocacy and community work, particularly focusing on HIV and STD prevention, as well as supporting LGBTQ youth in D.C. and Hyattsville. She remains a vocal advocate for workplace equality and transgender rights.
Echoing the sentiments of her legal victory, Portillo expressed a heartfelt gratitude towards the community that supported her throughout her ordeal. She continues to encourage others in similar situations to stand firm and seek justice.
Furthermore, Portillo received asylum in the U.S., solidifying her standing and enabling her to plan for a future where she continues to contribute positively to her community. Through her struggle and subsequent achievements, Diana Portillo stands as a beacon of resilience and a catalyst for change in the ongoing fight for equal rights in the workplace.