Salem-Keizer School Board member named in lawsuit against Department of Human Services
Update: This article has been updated to include a statement from Ashley Carson Cottingham.
A transgender state employee is suing the Oregon Department of Human Services claiming that he was demoted and denied multiple opportunities to advance within the department due to his gender identity despite multiple meetings with supervisors about his qualifications and experience.
The lawsuit filed April 17 and seeking $650,000 was first reported by the Oregon Capital Chronicle.
Alex Pelusi moved from Illinois to Oregon in 2016 to join the Aging and People with Disabilities Program within DHS as an "Executive Support Specialist," a role he was "overqualified for," according to the lawsuit, but one he took after Ashley Carson Cottingham promised to "start his career with the State."
Carson Cottingham is the former director of the Aging and People with Disabilities Program and a member of the Salem-Keizer School District Board of Directors. She was elected in 2021.
Carson Cottingham said in an emailed statement that she would not comment on pending employment litigation as a current state employee but wanted to "publicly reaffirm my support and allyship for the LGBTQIA2S+ community."
"My values are clear, and my record and actions are consistent and strong, in support of our LGBTQIA2S+ friends, colleagues, students, educators and community. My actions have always been consistent with my strongly held values in support of LGBTQIA2S+ people," she said in the statement.
Pelusi said he was interviewed by Carson Cottingham "pre-visible transition" and when he still appeared feminine. Pelusi's transition became visibly apparent shortly after joining the department, the complaint added.
"When it did, Cottingham’s once friendly behavior took a turn," the lawsuit said.
Pelusi claims Carson Cottingham became hostile and belittling and at one point she said “I don’t even know what to call you anymore!" The alleged behavior culminated in a one-on-one meeting where Carson Cottingham gave Pelusi the option of being demoted or fired immediately, according to the lawsuit.
After being demoted, Pelusi met with other managers to discuss opportunities within the department, the lawsuit said.
Multiple reports to multiple people about the "hostile work environment" and failure to promote or move forward were fruitless and panic attacks related to his experience began, according to the complaint. Pelusi took leave due to the panic attacks and to receive gender confirmation surgery, the lawsuit added.
After the surgery and in the summer of 2020, Pelusi met with Mike McCormick, the interim director of the Aging and People with Disabilities Program, to discuss Pelusi's career track and was told for "several months" to "stay tuned," the lawsuit said. McCormick left state service in July 2022, according to ODHS.
After his experience with McCormick, Pelusi said in the lawsuit, he went to multiple people within Human Resources which similarly failed to result in action. Pelusi filed a tort claim notice to DHS in 2021.
Several people are named in the lawsuit, but ODHS is listed as the only defendant.
ODHS would not comment on pending litigation but confirmed Pelusi is still employed within the department.
Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com or on Twitter @DianneLugo.
This article originally appeared on Salem Statesman Journal: Demoted transgender employee sues Oregon Department of Human Services
