US District Court Judge Joseph McKinley dismissed a motion by Chinese company Qindao Haier, Co., owner of GE Appliances, in the case of Mykel Mickens, who claims he was the victim of discrimination at GE Appliances in Louisville.

“[W]hat is clear is that the plaintiff’s complaint sufficiently alleges facts to support discrimination or disparate treatment claims based upon race and gender nonconformity or sex stereotyping.

--McKinley

Mickens alleges he was harassed by colleagues and denied use of the men's restroom, which forced him to use a facility much further away from his work station, which caused attendance issues.

Qindao Haier says that conditions at the company were not "severe or pervasive enough" to create an abusive work environment and that Mickens was fired in June for "attendance issues."

They treated me like nothing ... everyday harassment, discrimination, intimidation. Nobody ever did anything about it, even when I said something, and it got bigger and bigger and bigger.

They wouldn't call me by my right name. They kept using she pronouns. So with that happening every day, I started missing days. I don't know anybody that would walk into their workplace.

--Mickens

The Plaintiff failed to notify Haier about any type of alleged illegal activity, policy, practice, and further failed to give Haier a reasonable opportunity to correct the activity, policy, or practice.

The Plaintiff’s claims are barred by the fact that Haier maintained at all relevant times a written policy prohibiting unlawful harassment. This policy provided multiple specific avenues for employees to report alleged harassment; the Plaintiff knew or should have known of this policy and reporting procedure and failed to reasonably utilize these remedies and promptly report the alleged harassment to Haier.

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The 6th Circuit, which has jurisdiction over Kentucky, has ruled in the past that Title VII of the Civil Rights Act ia available for transgender workers to use to sue employers if said employees feel discriminated against for not conforming to gender stereotypes.

GE Appliances embraces diversity and supports organizations like our LGBT group.

Our employees are our most valuable asset. The Company is committed to a work environment where each employee is treated fairly and with respect, and where every employee is given an equal opportunity to succeed.

We are committed to creating, managing and valuing diversity in our workforce. This means we do not make employment-related decisions based on a person’s race, color, national origin, religion, sex, age, sexual orientation, gender identity or expression, marital status, veteran’s status, other characteristics protected by applicable law, and physical or mental disability, where we make reasonable accommodations when appropriate.

We also are committed to ensuring that our workplace is free from harassment. Harassment includes any conduct that has the purpose or effect of creating an intimidating, offensive or hostile work environment for another person. Harassment can take many forms, including physical actions, written or spoken comments, videos or pictures and innuendo. Sexual harassment can include unwelcome sexual advances, requests for sexual favors or other visual, verbal or physical conduct of a sexual nature. Harassment will not be tolerated.

--Kim Freeman, GE Appliances

Mickens said in an interview that company supervisors told him to use bathrooms at the front of the building or at the far end. He would use the women's restroom at times but also would hustle to the men's room far from his station. When he complained about the treatment to the union, he said, "they didn't help the situation."

Mickens' lawyer, Shannon Fauver, cited Metro Louisville's prohibitions on employers discriminating against employees on the basis of sex, gender identity or sexual orientation. The company also violated Occupational Safety and Health Administration protections to allow an employee to work in a manner consistent with how they live their lives in regard to gender identity, the suit alleges.

Judge McKinley dismissed the claims of violation of the Louisville fairness ordinance and OSHA.

Mickens filed an EEOC complaint in addition to his lawsuit. He doesn't want his job back. He wants GE to pay.

There's a whole range of issues that affects the transgender community, from employment to schools to criminal justice ... all of those are going to play out on the national radar screen.

--Sam Marcosson, University of Louisville law professor

Mickens, who is legally married to a woman and is a father figure to a little girl, says he's not sure if he was the only transgender worker at Appliance Park, but says he is fighting now for a cause.

If you don't speak up, nothing is going to change.

--Mickens