A transgender female has dropped her lawsuit against a Woodland Hills business that sells Native American crafts, where she alleged she was forced to quit in 2021 because of ongoing harassment and discrimination by two supervisors that left her feeling “broken and mistreated.”
Emily Mikel, who was previously known as Daniel Wilson, brought the suit in Los Angeles Superior Court against the Native Spirit Lodge. Her allegations against the Ventura Boulevard store included wrongful constructive termination, discrimination, harassment, whistleblower retaliation, failure to prevent discrimination, harassment or retaliation and intentional infliction of emotional distress.
On Monday, Mikel’s attorneys filed a request for dismissal of the case with Judge Bruce G. Iwasaki “with prejudice,” meaning it cannot be renewed later. The court papers do not state if a settlement was reached or if Mikel is not pursuing the case for other reasons.
In his court papers, a Native Lodge attorney denied Mikel’s allegations and said they were barred by the statute of limitations.
Mikel was hired in March 2020 as a sales associate and she announced to her co-workers in May 2021 that she was a transgender female, stating, “I have decided to come out as a woman,” according to the suit, which further stated that she asked to be called Emily from then on.
Some employees supported Mikel, but her direct supervisor “made clear his irritation and disgust” and began treating the plaintiff worse than before, the suit filed last Sept. 6 stated.
The supervisor rolled his eyes, sighed or made dismissive comments to or about Mikel, despite knowing Mikel had a history of major depression and anxiety that required her to take time off from work for treatment and appointments, the suit stated. Mikel also was told by another supervisor to “keep quiet about her mental health concerns” so as to avoid causing discomfort to others, according to the suit.
Russo’s attitude toward Mikel worsened and made her feel singled out, so she told him that calling her by anything besides “Emily” was harassing, the suit states. The boss did not relent and kept calling her by her former name of “Daniel,” the suit stated.
Mikel was closing the store one night in June 2021 when the supervisor began yelling, “Daniel, Daniel,” to which she did not immediately reply, the suit states. When the boss asked if she was going to respect him and respond, she inquired if he would respect her and call her “Emily,” the suit stated.
The supervisor “unceremoniously said, `No,”’ the suit stated.
Mikel complained that the supervisor was mistreating her and setting her up for failure by claiming she was responsible for tasks that were never assigned to her, the suit stated. In turn, the supervisor changed the conversation to instead complain about Mikel’s preferred name and gender identity, criticizing her for asserting her legal rights and for complaining of discrimination and harassment, the suit stated.
“I won’t call you Emily unless it is official and you can show me proof,” the supervisor said, according to the suit.
The other supervisor told Mikel, “You are being too sensitive. You need to get over it.,” the suit states.
But Mikel’s anxiety and depression increased and near the end of a work shift in July 2021, one of the supervisors told her, “I expect you to act the way I want you to act,” which made it clear to the plaintiff that the supervisors did not want to hear any more discrimination and harassment complaints, the suit stated.
Mikel, in shock and disbelief over being belittled more than she ever had in her life, resigned because she felt unwelcome and knew that she could no longer tolerate her workplace conditions, which left her feeling “broken and mistreated,” the suit stated.