A former assembly technician at Intuitive Surgical says he did everything right when a coworker allegedly groped him, exposed himself, and mocked his sexuality on the job in July 2024 — he reported it to human resources. Nearly two years later, according to a lawsuit filed Wednesday, the Sunnyvale robotics giant fired him instead of the man he accused.
Joshua Altamirano's lawsuit, first reported by The Mercury News, alleges that a male coworker subjected him to escalating unwelcome conduct on July 11, 2024, including baring his chest, rubbing his nipples suggestively, exposing the outline of his genitals through his shorts, pulling Altamirano's chair toward him, and pressing his pelvis against Altamirano's leg. The suit claims the conduct escalated after Altamirano rejected the coworker's romantic advances. In the heat of the moment, Altamirano told the coworker to stop acting so gay — a remark his attorneys characterize in the complaint as an inartful defensive reaction to unwanted sexual contact, not evidence of wrongdoing on his part.
Altamirano's attorney, Tanya Gomerman, said he reported the alleged conduct to human resources and provided evidence and witnesses. Gomerman said in a statement, “He did exactly what employees are supposed to do.” Instead of protecting him, she said, Intuitive turned the investigation against Altamirano, punished him and eventually fired him.
From Positive Reviews to a Final Written Warning
Altamirano began working at Intuitive Surgical Operations Inc. in February 2021 as an Assembly Tech 2, earning very positive performance reviews that year and a promotion to Assembly Tech 3 in 2023, per the lawsuit. The company placed the accused coworker on administrative leave during its investigation but ultimately deemed Altamirano's allegations unsubstantiated and characterized him as the aggressor, according to the complaint.
What followed, the lawsuit alleges, was a cascade of adverse actions: a final written warning, a transfer to a department with fewer overtime opportunities, a substantially worse performance review, a lower bonus, and a decreased equity award. Meanwhile, the coworker he had reported returned to work without discipline, according to the suit. Altamirano says he lost both opportunities and income in the process, and was ultimately fired in March 2026, with the company citing underperformance beginning in 2024 as its reason. He was never placed on a performance improvement plan or told his job was in jeopardy before the termination, the lawsuit states.
“No one should have to choose between enduring sexual harassment in silence and risking a career by speaking up,” Altamirano said. He has said he reported the alleged conduct because he trusted the company to protect him.
Why California Law May Not Care Who Was Right
California's Fair Employment and Housing Act addresses workplace retaliation. Altamirano's lawsuit alleges that Intuitive retaliated against him after it found his harassment allegations unsubstantiated. Separately, California Government Code Section 12940(k) requires employers to take all reasonable steps to prevent and correct workplace harassment and retaliation once it is reported, per the California Civil Rights Department.
Altamirano's complaint describes the warning, transfer, reduced bonus and other actions as a series of adverse employment actions that preceded his eventual termination.
The company also faces an open federal labor charge unrelated to Altamirano's case. A charge was filed against Intuitive Surgical on May 1, 2026, under Case Number 32-CA-386410, according to the National Labor Relations Board.
The Company and Its Legal Challenges
Intuitive Surgical, founded in 1995 and headquartered at 1020 Kifer Road in Sunnyvale, makes advanced robots for surgical procedures, according to Forbes.
Altamirano's case centers on the consequences he says followed his report of workplace sexual harassment.
