Sunnyvale tech firm accused of axing worker for reporting sexual harassment

SUNNYVALE — A Sunnyvale-based medical technology company is being sued by a former employee who alleges he was retaliated against and ultimately fired for reporting sexual harassment.

Joshua Altamirano claims that a male coworker at Intuitive Surgical Operations Inc. subjected him to escalating and unwelcome conduct, including slapping his buttocks, rubbing his shoulders, exposing himself in suggestive ways and taunting Altamirano about his perceived sexual orientation, according to a lawsuit filed Wednesday.

In a statement, Altamirano said he reported the alleged conduct because he trusted the company to protect him.

“Instead, I was the one who was punished,” he said. “I was transferred, lost opportunities, I lost income, and eventually I lost my job, while the person I reported was allowed to return to work with no disciplinary action.”

Located at 1020 Kifer Road, Intuitive Surgical makes advanced robots for surgical procedures.

Altamirano began working at the company in February 2021 as an “assembly tech 2” and was promoted to “assembly tech 3” in 2023, according to the lawsuit. For those first three years, Altamirano received very positive performance reviews, the suit claims.

The alleged conduct ramped up after Altamirano rejected the coworker’s romantic advances, according to the lawsuit.

The suit alleges that on July 11, 2024, the coworker bared his chest and rubbed his nipples in a suggestive manner, exposed the outline of his genitals through his shorts, and pulled Altamirano’s chair toward him before pressing his pelvis against Altamirano’s leg.

In response, Altamirano told the coworker to “stop acting so gay,” language the lawsuit acknowledges was “inartful,” but a “defensive reaction to unwanted sexual contact.”

One of Altamirano’s attorneys, Tanya Gomerman, said in a statement that her client reported the alleged conduct to human resources, as well as provided evidence and identified witnesses.

“He did exactly what employees are supposed to do,” Gomerman said. “Instead of protecting him, Intuitive turned the investigation against Josh, punished him and eventually fired him.”

“Victims come forward in incredibly vulnerable moments, trusting that the systems in place will protect them,” Gomerman said. “When that trust is met with retaliation instead, it sends a chilling message to every employee who is afraid to speak up.”

The company placed the coworker on administrative leave during its investigation but ultimately deemed Altamirano’s allegations unsubstantiated, characterized Altamirano as the aggressor and issued him a final written warning, according to lawsuit.

The suit alleges Altamirano was moved to a new department with fewer overtime opportunities and received a substantially worse performance review, lower bonus and decreased equity award.

The coworker, meanwhile, returned to work without discipline, according to the lawsuit.

The company ultimately terminated Altamirano in March, citing underperformance beginning in 2024, the same year he reported the sexual harassment, the suit claims.

Altamirano had never been placed on a performance improvement plan and had never been told his job was in jeopardy before he was fired, according to the lawsuit.

“I’m coming forward because no one should have to choose between enduring sexual harassment in silence and risking their career by speaking up,” Altamirano said.

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