Former Correctional Officer Sues Arizona Department of Corrections for Anti-Transgender Discrimination
Wardenski P.C. has filed a federal employment discrimination lawsuit against the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) on behalf of Kaden Vitellaro, a transgender man and former correctional officer at Arizona State Prison Complex Tucson (ASPC-Tucson), the largest men’s state prison in Arizona.
The complaint, filed on July 10 in the U.S. District Court for the District of Arizona in Tucson, details a nearly year-long campaign of pervasive discrimination and harassment against Mr. Vitellaro by prison officials and staff because he is a transgender man, including orders by the ASPC-Tucson warden that he falsely identify himself to male inmates as female by shouting “female on the run” every time he entered a men’s unit, and follow other sex-specific policies for female officers. When forced to comply with this discriminatory policy as a condition of continued employment, Mr. Vitellaro had no choice but to resign to avoid harassment and safety risk if his transgender status became widely known at the prison.
By the time Mr. Vitellaro was hired by ADCRR in July 2017, he had transitioned to living as male, including obtaining an Arizona driver’s license and birth certificate reflecting his legal sex of male. As asserted in the complaint, ADCRR’s discrimination began at correctional officer academy, where he was banned from using men’s restrooms and forced, unlike his fellow cadets, to walk across campus to a private dorm room to use the bathroom. Later, during a training at ASPC-Tucson, an instructor, after learning that Mr. Vitellaro is transgender, repeatedly called him “she” and “her” in front of other cadets, staff, and inmates, even after Mr. Vitellaro asked him to stop, as this conduct drew unwanted attention to him and involuntarily outed him as transgender.
When Mr. Vitellaro began work at ASPC-Tucson in late 2017, he was placed in the prison’s administrative unit — the only new officer not assigned to a men’s unit — because he is transgender. In May 2018, the prison’s new warden notified Mr. Vitellaro that he would be reassigned to a men’s unit and that, despite his legal male sex, he would be forced to shout “female on the run” whenever he entered a men’s unit. Mr. Vitellaro objected, explaining that he is a man, that complying with this directive would involuntarily out him as transgender, and that it would expose him to escalating harassment and potential violence.
After being forced to resign in July 2018, Mr. Vitellaro filed a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) in 2019. In September 2024, after a lengthy investigation, the EEOC found probable cause existed that ADCRR violated Title VII of the Civil Rights Act of 1964 (Title VII), by discriminating against Mr. Vitellaro for being transgender, including subjecting him to a hostile environment, resulting in his constructive discharge. Mr. Vitellaro opted to bring his claims in court in this suit, seeking compensatory damages, lost pay and benefits, and his reasonable attorneys’ fees and costs.
“The discrimination I experienced as a correctional officer caused left me feeling isolated, unseen, and unsafe, and caused me to lose trust in my colleagues,” said Mr. Vitellaro. “Through this lawsuit, I am seeking justice and hope to protect other transgender Department of Corrections employees from experiencing similar mistreatment and harm.”
“Federal law is clear: discriminating against transgender employees is illegal,” said Mr. Vitellaro’s attorney, Joseph Wardenski, Principal of Wardenski P.C., a civil rights law firm based in New York. “It is shameful that Arizona continues to sanction discrimination and harassment against transgender public servants like Mr. Vitellaro simply for being who they are. We hope Mr. Vitellaro’s lawsuit brings him justice and much-needed change to how the state prison system treats its transgender employees.”
Wardenski P.C. is pleased to partner on the case with co-counsel Ty Frankel, Founding Partner of Frankel Syverson PLLC, a workers’ rights law firm in Phoenix.
“Mr. Vitellaro’s courage in fighting for his legal rights is inspiring, and I am humbled by the opportunity to be part of the team representing him in this important case,” said Frankel.
