A judge has narrowed the scope of a lawsuit brought by a former recreation supervisor for the city of Calabasas who alleges his 2024 termination was tied to his taking time off for gender-transition surgery.
On Thursday, Van Nuys Superior Court Judge Karen Moskowitz dismissed Raine Kishimoto’s causes of action for wrongful termination, whistleblower retaliation and negligent hiring, supervision and retention. The judge said Kishimoto will have to shore up his claims for gender identity discrimination, failure to prevent discrimination, intentional infliction of emotional distress and hostile work environment.
Moskowitz said Kishimoto can proceed with his claim for retaliation for medical leave. She gave him 30 days to file an amended complaint on the claims that need more details as well as Kishimoto’s bid for punitive damages. Attorneys for the city had argued the suit should have been dismissed in its entirety, in part for allegedly failing to file the proper government claims prior to bringing his lawsuit.
Kishimoto, 48, of Granada Hills, was hired as a part-time lifeguard in June 1996. He maintained a positive employment record and over the years received many positive work reviews, the suit states.
But attitudes toward Kishimoto changed in 2017 when he began his gender transition as he allegedly was subjected to scrutiny and discipline not imposed on other employees, including from one manager with a “well-documented history of inappropriate behavior,” the suit states. The manager’s behavior included frequent yelling, profanity and hostile outbursts at weekly meetings, but she nonetheless was promoted with a raise, the suit filed April 16 alleges.
Kishimoto’s complaints about the other manager drew indifference from top management and he was told only that, “We are working on it,” according to the suit. Part-time employees who committed repeated misconduct also received little to no discipline compared to the plaintiff, the suit further states.
Kishimoto notified his supervisor in spring 2024 of his planned surgery and he arranged for matters to run smoothly at work while he was away, the suit states. But when he returned to the job last July he was immediately targeted by being falsely accused of workplace disruptions related to lifeguard shift scheduling and he was fired in December, the suit states.
The timing of Kishimoto losing his job only months after his medical leave for his gender surgery “confirms pretextual termination motivated by discrimination and retaliation,” according to the suit, which further states that Kishimoto has suffered lost wages and emotional distress.
A case management conference is scheduled for Jan. 9.