A transgender woman filed a lawsuit against a Hooters franchise in Colonie, New York, claiming the popular restaurant chain refused to hire her due to her appearance and gender identity.
Brandy Livingston, who has been a frequent patron at the Wolf Road location, claims she applied for positions at the restaurant three times but was continually denied employment due to what she describes as discriminatory practices.
Livingston told News10 that staff at the restaurant refused to acknowledge her identity as a woman, allegedly using male pronouns and making disparaging remarks about her.
"They would use male pronouns. They would refer to me as he," Livingston said, citing perceived disrespect from staff members.
Livingston also described an incident involving access to the women's restroom. She claims she overheard a server questioning her restroom use, asking a manager, "Why are you allowing him in the women's restroom?" According to Livingston, the manager replied, "Oh, I don't like it any more than you do."
Livingston filed a complaint with the New York State Division of Human Rights, which investigated and reportedly found evidence suggesting her rights may have been violated under state discrimination laws. The findings prompted an official hearing scheduled for September, where both parties will present their cases.
Hooters, known for its image-centric hiring approach and distinctive service brand, responded to the allegations through legal representation.
The company contends that Livingston's application rejections were not based on her gender identity but rather on her behavior in the restaurant before her transition. Lawyers for the franchise alleged that Livingston had engaged in inappropriate interactions with staff, including making sexually explicit comments to servers.
The company also accused Livingston of making comments about practicing at a gun range, which they claim raised safety concerns among staff members.
News10 reporter James De La Fuente questioned Livingston on these accusations, specifically addressing Hooters' claim that Livingston had asked servers to marry her and made references to masturbation. Livingston refuted these allegations, noting that the claims around her discussions of a gun range may have been misinterpreted.
"That I never said anything about," Livingston said. "My mom would take me to the gun range and for clay pigeon shooting, trap. I feel like one of the servers might have overheard what me and my dad were talking about and misunderstood."
Livingston emphasizes that she does not seek financial compensation but hopes for acknowledgment and a formal apology from the restaurant chain as the legal proceedings progress.
"What I really want is an apology. I'm never going to get that," she told News10.