Impact Fund and Legal Aid at Work Settle Workplace Harassment Claims of Transgender San Francisco Police Sergeant

Agreement establishes precedent-setting reforms protecting transgender and gender non-conforming SFPD employees 

BERKELEY 12.22.20 – Impact Fund and Legal Aid at Work have reached a landmark settlement with the City and County of San Francisco on behalf of Sergeant Flint Paul, a transgender male police officer who endured repeated misgendering by superior officers for more than a decade. As part of the settlement, the San Francisco Police Department will adopt explicit prohibitions against misgendering and other robust protections for transgender and gender non-conforming police officers. The City will also conduct training on investigating workplace complaints filed by transgender city employees for staff at the Department of Human Resources. The San Francisco Board of Supervisors and San Francisco Police Commission approved the settlement. 

Sergeant Paul has served as a police officer with the Department for over twenty-five years. Over the past fourteen years, since his gender-affirming transition in 2006, multiple superior officers misgendered him, calling him by his former name and using female pronouns in private, in front of his colleagues, and over the department broadcast radio. On multiple occasions, his superiors “outed” Sergeant Paul’s transgender status to colleagues who were unaware of his gender identity.  An earlier complaint resulted in a settlement in 2012, but the misgendering did not stop.  Multiple superior officers continued to misgender Sergeant Paul over the following years, causing him significant distress and anxiety and interfering with his ability to perform an important public service for his community. “The repeated misgendering of a transgender person is like death by 1,000 cuts,” described Sergeant Paul. “Each cut is cumulatively worse, until you feel like you have no strength left to go on.”

“Under California law, an employer cannot harass or discriminate against a transgender employee because of their gender identity,” said Lindsay Nako, Director of Litigation and Training at the Impact Fund. “This includes refusing to use a transgender worker’s chosen name and appropriate pronouns. The harmful misgendering that Sergeant Paul experienced created a hostile work environment and interfered with his ability to perform his job. That’s harassment, and it is illegal.”

The San Francisco Police Department will issue a new department-wide Department Bulletin, titled “Gender Inclusion Policy.” The Department Bulletin carries the force of law and requires that all employees must be addressed by their chosen name and appropriate pronouns.  The Bulletin recognizes that even a single incident of misgendering can cause harm and declares that intentional or repeated misgendering violates the Department’s anti-discrimination and harassment policy and can lead to disciplinary action, including termination. The Bulletin also confirms that all Department employees may use the facilities and wear the attire that correspond to their gender identity. This new policy complements existing Department rules for interacting with transgender and gender non-conforming community members. 

“The new Department Bulletin makes clear that all transgender and gender non-conforming employees are entitled to equal and inclusive treatment, and that misgendering has no place in the workplace,” said Elizabeth Kristen, Director of the Gender Equity and LGBTQ Rights Program at Legal Aid at Work.

“I believe that transgender people have the right to be free of harassment and discrimination in the workplace and in all sectors of life,” said Sergeant Paul. “Standing up for myself in this case is not only for me, but for all transgender people. “

The new Department Bulletin is especially important in light of our country’s ongoing work to implement greater police accountability and community reforms.  “Over 58 percent of transgender people report being harassed or mistreated by members of the police, and about the same number say they are uncomfortable calling the police for help,” said Nako. “It is critical for our police departments to look like our communities, which means fostering a welcoming environment for all officers, especially transgender officers.  A police force that supports transgender officers will be more responsive to the needs of our most vulnerable communities.”

For a copy of the settlement agreement, click here.

For a copy of the new Department Bulletin, click here.

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About The Impact Fund

We provide strategic leadership and support for litigation to achieve economic and social justice. We provide funds for impact litigation in the areas of civil rights, environmental justice, and poverty law. We offer innovative technical support, training, and expertise on issues that arise in large scale impact litigation. We serve as lead counsel, co-counsel, and amicus counsel in select class action and impact litigation. More information about the Impact Fund can be found at www.impactfund.org. 

About Legal Aid at Work

Legal Aid at Work is a nonprofit legal services organization that has been assisting low-income, working families for more than 100 years. Its Gender Equity & LGBTQ Rights Program seek to end sex-based discrimination by advancing the rights of low-wage women and families, lesbian, gay, bisexual, transgender and queer (LGBTQ) individuals, military families and veterans, survivors of harassment as well as domestic and sexual violence, and other under-represented workers and students.  More information about Legal Aid at Work can be found at www.legalaidatwork.org.