The ACLU of Virginia has filed a complaint under the Virginia Human Rights Act (HRA) with the Virginia Attorney General’s Division of Human Rights to ask the agency to investigate the discriminatory treatment and firing of our client, Katherine Carline.

The complaint alleges Ms. Carline was fired from her job as a horticulturist for Garden Creations over text message shortly after reporting sexual harassment from a male co-worker. She also alleges she was not provided adequate access to use the restroom while working, which courts have held has a disparate impact on female employees. The complaint contends that her employer decided to fire her rather than ensure a woman could work in this male-dominated field free from harassment and with her basic physical needs met.

The ACLU-VA filed its complaint with pro bono co-counsel Paul Falabella of Butler Royals, PLC. The HRA, under which the complaint was filed, is a rarely used law because of its rigid requirements: Employees must work for an employer with more than five and less than 15 employees. Employees also cannot sue their employer unless they are fired because of a protected status, like their race or sex. The ACLU-VA has a similar discrimination lawsuit under the HRA filed in the U.S. District Court for the Eastern District of Virginia (Shiyanbade, et al. v. Executive Health Group, PC, et al.) on behalf of two Black women who claim they were fired because of their race.

Attorney(s)

Nicole Tortoriello and Eden Heilman, ACLU of Virginia

Date filed

January 28, 2020

Court

Office of the Attorney General - Division of Human Rights