COLONIE, NY (WTEN) — The Hooters on Wolf Road has drawn protestors twice in recent weeks. A local transgender woman is suing the franchise for discrimination. NEWS10 has been following the story for a few months and has now learned the lawsuit’s next steps.
“I’m suing Hooters for sex-based discrimination, on the basis of accommodation and on the basis of employment,” said Brandy Livingston.
The restaurant has been a regular stop for Brandy. So much so that she hoped to someday work there. However, after her recent transition, Brandy claims that she’s not respected there, as a woman. “They would use male pronouns. They would refer to me as he,” she said.
She claims it goes even further, telling NEWS10 Reporter, James De La Fuente, that employees and management at the restaurant continually harass her when using the public restroom. “I overheard one of the servers after I left the restroom talking to one of the managers and said that, ‘Why are you allowing him in the women’s restroom?’ And the manager said, ‘Oh, I don’t like it any more than you do’,” claimed Livingston.
Brandy filed a claim with the New York State Division of Human Rights and after investigating, they say they found sufficient evidence her rights may have been violated under New York Executive Law 296 and that there will be a hearing.
Jared Cook, an attorney with Tully Rinckey says, “An at-will situation, you know, proving that the employer’s reason they gave was wrong is not enough. You’ve got to prove that it was discrimination on the basis of some prohibited characteristics such as gender identity,” said Cook.
