Transgender woman sues local Hooters for discrimination

COLONIE, N.Y. (NEWS10) -- 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.

Brandy says she applied three times for employment, “I said, do you want to see my experience or anything? Because I had previous jobs I had written down. And he said, “Oh, we don't care about experience. We hire on the basis of personality. And there's an image that needs to be met.”

Hooters has fired back. Saying through their lawyers, that Brandy was requested not to return to the restaurant because of what they say were her own offensive actions. They allege that Brandy on several occasions made sexually explicit comments to servers.

NEWS10’s Reporter, James De La Fuente told Brandy, “They just claimed that you had prior to transitioning and after you had, freely made multiple servers at the restaurant uncomfortable by informing them you wanted to marry them, discussing masturbation.”

To which Livingston replied, “That I never said anything about.”

De La Fuente then said, “at one point the Hooters company says that you had threatened to go to a gun range for practice for the next time you came to the restaurant.”

“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 what we were talking about,” explained Brandy.

NEWS10 has reached out to local law enforcement to check any claims of possible gun violence and have found no such threat.

Ultimately, Brandy says she does not want money. “What I really want, is an apology. I'm never going to get that,” stated Livingston.

Lawyers for Hooters have not responded to our repeated requests for comment.

Brandy and Hooters on Wolf Road will now head to a Human Rights hearing in September of 2025.

"It's a very slow system, I think that's why more people don't stand up for their rights," said Brandy’s Mom, Adelle.