Impact Fund Joins Fight Against Transgender Discrimination at Starbucks

David Nahmias, Law Fellow

David Nahmias, Law Fellow

Maddie Wade was well on her way to building a successful career at Starbucks.  Her location was one of the top performing cafés in its area and she had a great relationship with her store manager, Dustin Guthrie.  A coworker later called them “two peas in a pod” and said that Maddie was Guthrie’s favorite employee.  So, in October 2017, Maddie felt comfortable telling Guthrie and her coworkers that she is transgender and would be starting her gender-affirming transition.  She asked them to call her “Maddie” and use female pronouns.  

Most of Maddie’s coworkers were supportive of her transition and easily adjusted to her new name and pronouns.  Over the following weeks, however, Dustin became cold and distant.  He started avoiding her, cut her hours, and stopped talking to her about further career advancement.  For months, Dustin insisted on calling Maddie by her former name or male nicknames, deliberating misgendering her.  Outside of work, Dustin was a regular poster of anti-transgender memes and messages on Facebook and Twitter.  When Maddie tried to discuss Guthrie’s hostile behavior with him, he ignored her.  When she reached out to other Starbucks managers, she received no meaningful response.  Experiencing significant anxiety and depression, Maddie had no choice but to leave Starbucks in June 2018.

Experiencing significant anxiety and depression, Maddie had no choice but to leave Starbucks in June 2018.

Experiencing significant anxiety and depression, Maddie had no choice but to leave Starbucks in June 2018.

Maddie’s experience is tragically common for transgender people in California.  In 2015, more than a quarter of transgender workers in California reported being fired, denied a promotion, or not hired in the previous year because of their gender identity or expression; almost a quarter of respondents reported other forms of mistreatment on the job because they are transgender.  One common form of discriminatory and harassing behavior is intentional misgendering; that is, using a name and pronouns that do not correspond to a transgender worker’s gender identity.  Misgendering a transgender person can be extremely harmful and cause distress and anxiety.  California law prohibits discrimination and harassment against transgender people, including intentional misgendering.

In July 2018, Maddie and her attorney Arnold Peter of Peter Law Group filed a lawsuit in Fresno County Superior Court, alleging gender identity-based workplace discrimination and harassment against Starbucks and Maddie’s former manager.  “It is already difficult to transition within the workplace without having the personal beliefs of others affecting your work life,” Maddie said. “I filed suit to make sure my experience did not happen to any more baristas or transgender employees in general.”  After a year of litigation, the trial court granted summary judgment for Starbucks, denying Maddie the resolution she hoped for.  But she did not stop.  “I believe the court did not see the facts of my case in a proper light, and the fight for workplace rights for transgender people needs to be fought.” 

We filed the opening brief on behalf of Maddie Wade, in which we argued that the superior court committed several errors in its ruling and that Maddie’s case deserves to be reviewed again.

We filed the opening brief on behalf of Maddie Wade, in which we argued that the superior court committed several errors in its ruling and that Maddie’s case deserves to be reviewed again.

We agree. Impact Fund joined Maddie and Arnold to appeal the judge’s ruling to the California Court of Appeal, Fifth Appellate District.  Our Impact LGBTQ initiative was designed to support LGBTQ workers and their advocates in California, especially those in the Central Valley, and Maddie’s experience is emblematic of many transgender workers’ stories.  This week, we filed the opening brief on behalf of Maddie Wade, in which we argued that the superior court committed several errors in its ruling and that Maddie’s case deserves to be reviewed again. 

Maddie is hopeful that her case will shine a light on the experience of so many transgender people in the workplace, and force employers like Starbucks to live up to their obligations to protect all workers from harassment and discrimination.  “I’d like for all LGBTQ employees to not only feel safe but be safe in their workplace,” Maddie said. “I have seen many people in a similar situation who felt like their only option was to find somewhere else to be.”

The Impact Fund is grateful to stand with Maddie Wade in fighting for an inclusive workplace for all. In reflecting on her case, Maddie said, “Hopefully, with the combined efforts of us all, we can make a difference for those who come after us.”  We could not say it better ourselves.

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