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Former LGBTQA+ staffer alleges manager’s ‘discriminatory’ posts caused ‘hostile environment’

A fired LGBT employee is suing a University of Michigan manager whose posts on social media referred to homosexuality as a “sin” and opposed males competing in women’s sports, according to a new lawsuit.

Erika Ventura, a former animal husbandry technician at the University of Michigan Laboratory for Animal Medicine, filed the lawsuit recently alleging wrongful termination after she was fired last year.

The lawsuit argues Ventura is in a “protected class due to her sexual orientation” as a “LGBTQA+” individual.

Among the named defendants is Ventura’s former manager Julie Whitbeck. According to the lawsuit, Whitbeck’s social media posts created a “hostile work environment.”

Ventura said she received “consistent praise and several promotions” during her five years on the job. However, Ventura “became subject to disciplinary actions that resulted in her termination” due to Whitbeck’s “discriminatory behavior” at work and on social media, according to the lawsuit.

Ventura’s lawyer Noah Hurwitz told The Michigan Daily his client was fired for discriminatory reasons, not performance problems.

“It really stems from her conduct that we felt constituted what we call protected activity – activity that you can engage in at work, that you can engage in as a public employee, in order to speak your mind and defend your rights,” Hurwitz said.

“We found [Whitbeck’s posts] to be objectively not in line with the University’s values,” Hurwitz said. “This is a person who ultimately we believe the facts are going to show was very much involved in the decision to terminate [Ventura].”

The suit refers to several posts on Whitbeck’s Facebook page, including one that stated “Law Enforcement Lives Matter” and “Every life matters.” The lawsuit alleges these slogans are “sometimes used to mask racism.”

Ventura reported the posts to her manager and the lab’s Diversity, Equity, and Inclusion team, according to the lawsuit.

Soon afterward, Ventura posted signs that read “Black Lives Matter” in the lab common area and on DEI boards at work, the case states. Whitbeck responded by creating a policy requiring staff to obtain permission to post signs on the board, which the lawsuit alleges violates the National Labor Relations Act.

In 2021 and 2022, “Whitbeck continued to post discriminatory content to her Facebook,” the lawsuit alleges.

Examples cited in the case included a post (pictured left) that referred to Lia Thomas, a male swimmer who identifies as female, as a cheater and an article by conservative black political commentator Larry Elder, “Blacks are clueless about the Israel-Palestinian dispute, yet side with the Palestinians.”

Another allegedly “offensive and discriminatory” post (pictured right) that Whitbeck shared “stated homosexuality is a sin,” according to the lawsuit.

These posts created a “hostile work environment” for Ventura, the lawsuit alleges.

The Michigan Daily reports more:

Hurwitz said he believed Whitbeck’s biases portrayed in the posts influenced the decision to terminate Ventura.

“We found (Whitbeck’s posts) to be objectively not in line with the University’s values,” Hurwitz said. “This is a person who ultimately we believe the facts are going to show was very much involved in the decision to terminate (Ventura).” …

Whitbeck is no longer listed in ULAM’s staff directory.

In April 2023, Ventura said she had a conversation with a coworker about LGBTQA+ issues – nothing “inappropriate,” but another colleague overheard and reported her to management, the lawsuit states.

Ventura was fired less than a month later after a disciplinary review conference, according to the lawsuit.

The report continues:

Additionally, the lawsuit mentions that Ventura was designated as an employee who cannot be rehired by any part of the University following her termination, according to the University’s “no rehire” policy. This distinction was upheld after Ventura’s attempts to appeal her termination were denied. Due to the University’s role as such a large employer in the state, Hurwitz expressed his concern with the policy and its potential outcomes for employees. …

A spokesperson for Michigan Medicine declined to comment, citing pending litigation.

As a result of the situation, Ventura alleges she “suffered emotional and physical distress, mental and physical anguish, loss of reputation, humiliation and embarrassment,” as well as “earnings and benefits.”

The case seeks compensation for lost work, monetary damages, and attorneys’ fees.

MORE: Acquitted former student sues 15 groups for defamation after they called him a rapist

IMAGE: Ventura v. University of Michigan, Regents of/Court Listener

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