In December 2023, the ACLU of Tennessee and the Law Office of Douglas B. Janney sued the Comptroller of the State of Tennessee to provide relief for Arietty Brush, a previous Comptroller employee who was terminated shortly after notifying her human resources department of her status as a transgender woman.
Brush had served as a consistently high-performing auditor for the Tennessee Comptroller for fourteen years. In June of 2021 Brush began receiving transitioning treatment and changed her style of dress to match her gender identity. On June 29th, she received her first and only Performance Improvement Plan from her employer. Brush was advised that she was “meeting all of the expectations” in her Performance Improvement Plan, and “performing her job well.” Despite her satisfactory performance, Brush was denied the opportunity to attend professional training conferences alongside her peers.
On January 4th, 2022, Brush requested to update her picture within the office registry and a change her pronouns from her office supervisor. On January 5th, 2022, due to her gender identity, Brush was given an ultimatum: she could resign or be fired. Coerced by the fear of losing accumulated benefits, she chose to resign. Despite adhering to her Performance Improvement Plan, Brush’s termination was conducted under the false pretext of a failure to meet a provision within the plan.
The ACLU-TN filed a complaint with the Middle District of Tennessee seeking the Court to declare that defendants violated Title VII, reinstatement to an equivalent job, back pay, compensatory and punitive damages and attorneys’ fees for Brush.
PLAINTIFF(S):
Arietty Brush
DEFENDANT(S):
Tennessee Comptroller of the Treasury, Jason E. Mumpower; Director of Local Government Audit for the Tennessee Comptroller of the Treasury, Jim Arnette; Assistant Director of the Division of Local Government Audit for the Tennessee Comptroller of the Treasury, Penny Austin
ATTORNEY(S):
Law Office of Douglas B. Janney III: Douglas B. Janney III
ACLU TN: Stella Yarbrough, Lucas Cameron-Vaughn
