A jury should hear a lawsuit alleging Progressive Casualty Insurance Co. failed to put a stop to gender identity discrimination, the U.S. District Court for the Northern District of California held Monday.
The court denied the employer’s request for summary judgment in a lawsuit brought by a transgender man who previously worked for the company. Progressive is expected to face trial for harassment, discrimination and retaliation charges.
The plaintiff alleged he was repeatedly misgendered, passed over for a promotion, and subjected to an unwanted office transfer and scrutiny for medical appointments and time off — all in violation of California’s Fair Employment and Housing Act.
In its request for summary judgment, Progressive argued the plaintiff could not establish that he was treated differently due to his gender identity and gender expression. But Progressive only addressed the plaintiff’s “authority level” in its defense, the court noted, which both parties agree was raised multiple times during his tenure with the company. It did not address other elements of the employee’s claim, such as the missed promotion or unwanted transfer.
While Progressive argued that it never denied the plaintiff time off for medical leave, the district court said “eventual approval of time off does not mean it was not improperly scrutinized, and scrutiny could have created a chilling effect that discouraged Plaintiff from asking for time off.”
Progressive also said the incidents of misgendering were isolated incidents and accidental, but the plaintiff pointed to five separate incidents of misgendering as well as “evidence that at least one supervisor did not take Plaintiff’s gender concerns seriously,” the court said.
The court further dismissed Progressive’s arguments that the denied promotion and unwanted transfer were due to discrimination. It noted that the plaintiff cited evidence that the interview for the promotion went poorly due to hostility toward his appearance, and it pointed out there was insufficient reason cited for his transfer and that the plaintiff specifically asked not to be assigned to his post-transfer supervisor.
Progressive Insurance did not respond to a request for comment by press time.
The California Fair Employment and Housing Act protects employees from discrimination based on gender identity, as well as race, religion, sex, disability and a wide range of other identity characteristics.
Title VII of the Civil Rights Act of 1964, federal legislation that applies nationwide, similarly prohibits discrimination on the basis of gender identity, the U.S.Supreme Court held in Bostock v. Clayton County, Georgia, in 2020.
