Gay Nursing Assistant Misidentified as Trans and Fired Sues Employer, Lawsuit Alleges

A new lawsuit filed in North Carolina federal court is drawing national attention to workplace discrimination in nursing, particularly as it relates to sexual orientation and gender expression. The case, Allermo v. IntelliChoice Staffing LLC, highlights ongoing challenges LGBTQ+ nurses face and raises critical questions about employer responsibilities under Title VII of the Civil Rights Act.

Juan Alfonso M. Allermo, a 22-year-old certified nursing assistant, alleges that IntelliChoice Staffing LLC (operating as IntelliChoice Home Care) unlawfully revoked his job assignment and ultimately forced him out of the company because of his sexual orientation and perceived gender identity. 

According to the complaint, Allermo, who is openly gay, enjoys having long hair, painted nails, and earrings, was hired in January 2025 to provide in-home healthcare services. He completed orientation and was scheduled to begin working with a client in February, but his start date was repeatedly delayed.

On March 3, 2025, Allermo claims he was informed by an IntelliChoice HR representative, Qualice Maxie, that he would not be allowed to work with his assigned patient because of his sexual orientation. The representative reportedly told him that the patient had been incorrectly told he was transgender and in the process of transitioning.

The complaint asserts, “IntelliChoice’s false claims to their patient that Mr. Allermo is transgender is evidence of discriminatory animus and malice towards Mr. Allermo based on the fact that he is gay and does not present as a normatively heterosexual male.”

Escalation and Retaliation Claims

Allermo says he contacted IntelliChoice’s president, John Seyler, who admitted the mistake and blamed the HR representative for the misidentification. However, two days later, Seyler allegedly sent Allermo a release of claims, offering a “make-work” position only if he agreed to waive his legal rights. The complaint states that Allermo was told he had to sign this agreement to keep his job, which he refused.

“A reasonable person in Mr. Allermo’s position would have resigned as a result of the same or similar discriminatory conditions,” the complaint states. “IntelliChoice’s action of requesting Mr. Allermo to waive his legal rights constitutes a significant and severe change of the terms of his employment such that a reasonable person in Mr. Allermo’s shoes would have felt compelled to look for employment elsewhere.”

According to the lawsuit, the position Allermo was initially hired for was ultimately filled by someone with similar qualifications who was not gay and conformed to traditional gender stereotypes.

Legal and Policy Implications

Allermo’s attorney, Patrick Anstead, told Law360, “The case highlights the important public policy underpinning Title VII of the Civil Rights Act, that all persons should be free from employment discrimination in a fair and equitable society.” Title VII prohibits employment discrimination based on sex, which the Supreme Court interpreted in 2020 to include sexual orientation and gender identity (see Bostock v. Clayton County).

The complaint further alleges, “There is a culture and unwritten policy at IntelliChoice that supports discrimination and retaliation against homosexual employees. IntelliChoice would not have denied Mr. Allermo employment opportunities … and/or taken other discriminatory actions against him but for Mr. Allermo’s sex and sexual orientation.”

This case is a stark reminder for nurses and healthcare employers alike:

• Know Your Rights: Title VII protects employees from discrimination based on sexual orientation and gender identity.
• Employer Obligations: Staffing agencies and healthcare providers must ensure that employment decisions are free from bias and that all staff are treated equitably, regardless of how they present or identify.
• Reporting and Retaliation: Attempts to force employees to waive legal rights in exchange for continued employment may constitute unlawful retaliation.

The outcome of this case could set important precedents for LGBTQ+ protections in healthcare employment.

Nurse.org will continue to update this article as more information becomes available.

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