Non-binary employee alleges 'deadnaming' at Lehigh County mental health center

Paisley worked at the facility for more than two years before he was constructively discharged following health problems and related leave, the suit says. He was a mental health technician who was eventually promoted to assistant house manager, but discrimination started immediately, the lawsuit says.

“Despite his clear disclosure of his gender identity and chosen name, as well as his repeated requests to be referred to by his chosen name and pronouns, Defendant refused to utilize Plaintiff’s chosen name and pronouns in its informational technology systems, including all Microsoft programs,” the suit says.

“As a result, Plaintiff’s dead name was linked to every document, email, and program he generated and received.”

His former name was put on nametags and name plates, while employees continually refused to use they/them pronouns, he says. A frequent occurrence during his employment was reporting to human resources, including a coworker who told him when he was transitioning to male that he would look like a “bearded lady.”

Prank calls asking to speak to his dead name and comments to patients persisted as HR did little to help, he alleges. One mental health technician told a patient Paisley was “not a boy” and was “just a girl dressed in boys’ clothes,” the suit says. The same coworker yelled at a 9-year-old patient who pointed out she had misgendered Paisley, screaming, “It doesn’t f---ing matter,” the suit says.

A patient and coworker complained to HR about the treatment of Paisley, leading to a “highly unproductive and distressing” mediation, he adds. In April 2023, Paisley suffered four torn ligaments in his ankle and had restrictions on work activities imposed. Accommodations were “impractical,” the suit says, and exacerbated his disability – general anxiety disorder.

In August 2023, Paisley changed his name to Emeric and underwent surgery for the torn ligaments. Three months later, he was medically authorized to return to work with no restrictions but was assigned to a house where he had faced discrimination, he says.

Technicians there “refused to honor Plaintiff’s pronouns.” Paisley registered complaints three times in March 2024 but wasn’t transferred, leading to a panic attack, the suit says. One last complaint came March 21, and by March 29 he considered himself constructively terminated because he could not tolerate working in that house anymore.

Sidney Gold of The Gold Law Firm in Philadelphia represents Paisley.