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Trans employee awarded $930,000 in lawsuit against D.C. McDonald’s

Jury finds franchise failed to stop harassment, retaliation by staff

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Diana Portillo Medrano, second from right, joins her legal team from the law firm Correia & Puth outside D.C. Superior Court on Aug. 15. From left to right are paralegal Claudia Inglessis, attorney Andrew Adelman, Medrano, and attorney Jonathan Puth. (Photo courtesy of Correia & Puth)

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.

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District of Columbia

D.C. police seek help in identifying suspect in anti-gay threats case

Victim threatened with assault, called ‘faggot’ as he left Capitals game

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D.C. police are seeking help from the public in identifying a male suspect whose image was captured by a video surveillance camera.

D.C. police are seeking help from the public in identifying a male suspect whose image was captured by a video surveillance camera after he allegedly shouted anti-gay slurs and threatened to assault a man at 6th and H Streets, N.W. on March 20 at about 9:54 p.m.

A police report says the victim told police the incident took place shortly after he exited the nearby Capital One Arena where he had attended a Washington Capitals hockey game.

The police report says the incident began when the victim saw the suspect yell a racist slur at a person behind the victim and started to berate a valet operator.

“Suspect 1 then turned his attention to Victim 1 and called him a ‘faggot’ among other homophobic slurs,” the report says. It says the victim then used his phone to record the suspect, prompting the suspect to walk away before returning and “snatching” the phone from the victim’s hand.

“Suspect 1 walked several feet as Victim 1 followed, requesting his phone back,” the report continues. “Suspect 1 stopped and turned to Victim 1 and while yelling other obscenities exclaimed ‘if you keep recording, I’m going to kick your ass.’” The report concludes by saying the victim was able to recover his phone.

It lists the incident as a “Threats To Do Bodily Harm” offense that is a suspected hate crime.

“Anyone who can identify this suspect or has knowledge of this incident should take no action but call police at 202-727-9099, or text your tip to the Department’s TEXT TIP LINE at 50411,” according to a separate police statement released April 23.

The statement says police currently offer an award of up to $1,000 to anyone who can provide information that leads to an arrest and indictment of the person or persons responsible for a crime committed in D.C.

D.C. police spokesperson Tom Lynch said the case has been under investigation since the incident occurred on March 20. He said the video image of the suspect, most likely obtained from a security camera from a nearby business, was released to the public as soon as it was obtained and processed through the investigation.

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District of Columbia

Wanda Alston Foundation names new executive director

Longtime LGBTQ rights advocate Cesar Toledo to succeed June Crenshaw

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Cesar Toledo is the new executive director of the Wanda Alston Foundation. (Photo courtesy of the Wanda Alston Foundation)

The Wanda Alston Foundation, the D.C.-based organization that has provided housing and support services for homeless LGBTQ youth since its founding in 2008, announced it has appointed longtime LGBTQ rights advocate Cesar Toledo as its new executive director.

In an April 22 statement, the organization said that as part of a planned leadership transition launched in November 2024, Toledo will succeed June Crenshaw, who Alston Foundation officials and LGBTQ community activists say has led the organization with distinction in her role as executive director for the past nine years.

In a statement released last November, the foundation announced Crenshaw was stepping down from her role as executive director after deciding to “to step into her next chapter.”

“June’s leadership has been truly transformative,” said Alston Foundation Board Chair Darrin Glymph in the group’s April 22 statement. “We are immensely grateful for her dedication and equally excited for the energy and experience that Cesar brings to lead us into this next chapter,” Glymph said. 

“A seasoned LGBTQ+ advocate, Cesar brings over a decade of experience leading national campaigns, shaping public policy, and building inclusive communities,” the statement released by the group says. “Most recently, he served as the National LGBTQ+ Engagement Director for the Harris for President Campaign and has built a career focused on advancing equality and equitable education,” it says.

Biographical information about Toledo shows that immediately prior to working for the Harris For President Campaign, he served since April 2023 as deputy director for Democrats for Education Reform DC (DFER DC),  a political group that helps to elect candidates for public office committed to quality education for all students, including minorities, people of color and LGBTQ youth. 

Before joining DFER DC, Toledo served as political director for the LGBTQ+ Victory Fund, where he assisted in electing out LGBTQ candidates to all levels of public office across the U.S.

“I’m really excited about joining the Wanda Alston Foundation,” Toledo told the Washington Blade. “After a decade of working at the intersection of politics and policy and advancing political candidates and equitable education here in D.C., I wanted to shift my career to direct services to the most vulnerable folks in the LGBTQ+ family and our homeless youth,” he said.

Among other things, he said he would push for increasing the Alston Foundation’s visibility and mainlining its services for LGBTQ youth at a time when the national political climate has become less supportive.

A statement on its website says the Alston Foundation was founded in 2008 “in memory of Wanda Alston, a fierce LGBTQ+ activist, national advocate, and government official who was admired by District residents.”

The statement adds, “The foundation opened the first housing program in the nation’s capital in 2008 providing pre-independent transitional living and life-saving support services to LGBTQ+ youth.”

In a separate statement, the Alston Foundation announced it would hold a “thank you” celebration of appreciation for June Crenshaw from 6-8 p.m. on May 20 at Crush Dance Bar located at 2007 14th Street, N.W. in D.C.

“Let’s come together to celebrate her dedication and commitment for everything she has done for the LGBTQIA homeless youth population,” the statement says.

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District of Columbia

New DC LGBTQ Center to celebrate grand opening

Permanent location in Shaw debuts with Saturday celebration

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"The DC LGBT Center moved out of its longtime home in the Reeves building." (Washington Blade file photo by Lou Chibbaro, Jr.)

After more than 20 months of demolition, construction, and development, Washington finally has a brand new LGBTQ Center. On Saturday, April 26, the doors will officially open at the DC LGBTQ Center for the first time following the groundbreaking in June 2023. 

The new DC LGBTQ Center, located one block from the Shaw Metro station, aims to educate, empower, uplift and celebrate Washington’s LGBTQ community. Spanning 6,671 square feet of intentionally designed space, the center will offer a wide range of resources for LGBTQ individuals in need – including mental health services, job readiness programs, cultural events and community support groups, all under one roof.

The space, located in The Adora building at 1828 Wiltberger St, N.W., has a food pantry, STD and HIV testing space, therapy room, boutique with a clothing closet, an ADA-accessible shower, a mailroom to help those without an address receive mail, and a large kitchen.

The new DC LGBTQ Center will also house office space for nine local LGBTQ organizations. Groups like SMYAL, which supports and uplifts LGBTQ youth, and the Wanda Alston Foundation, which provides transitional housing and support services for homeless or at-risk LGBTQ youth, are central to the center’s mission: to educate, empower, uplift, celebrate, elevate and connect Washington’s LGBTQ community. The center will also become the new home of the Capital Pride Alliance, the organization behind Capital Pride and this year’s WorldPride celebration.

The Reeves Center, the former home of the DC LGBTQ Center, is slated for redevelopment. Located at 14th and U streets, N.W., the building is expected to become a mixed-use hub featuring the NAACP’s national headquarters, a hotel, restaurant, comedy club, housing and more.

On Saturday, the new DC LGBTQ Center will celebrate its grand opening with a full day of events designed to showcase the space’s potential and mark its long-awaited return. The “Friends & Family Day” celebration begins with a brunch at 10 a.m., followed by an open house featuring tours, team introductions, and a look at how the center came to life. The day concludes with a “Honey, I’m Home” cocktail celebration at 5 p.m.

Some events are open to the public, while others, such as the brunch, require an RSVP. To RSVP, visit this link or email [email protected] with any questions.

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