Transgender woman accuses Hooters of sex-based discrimination for refusing to hire her

'I’m suing Hooters for sex-based discrimination, on the basis of accommodation and on the basis of employment,' Brandy Livingston told NEWS 10.

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Protesters swarmed a Hooters in upstate New York after a transgender woman sued the restaurant for "sex-based discrimination."

According to NEWS 10 on Thursday, Brandy Livingston was a regular patron at a Hooters based in the small town of Colonie, New York before transitioning into a woman. However, issues later arose at the restaurant when Livingston transitioned into a woman.

"They would use male pronouns. They would refer to me as he," Livingston told NEWS 10.

Livingston also accused the Hooters' management and employees of harassment when she tried to use their restrooms.

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Hooters in upstate New York

According to NEWS 10, a Hooters in upstate New York is being sued for denying the job application of a transgender woman. (Google Maps)

"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,’" Livingston told NEWS 10.

Furthermore, Hooters rejected Livingston's job application three times. Livingston sought to work as a server, even after having clashes with the restaurant staff over gender pronouns.

"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," Livingston told NEWS 10.

Livingston filed a claim with the New York State Division of Human Rights. 

"I’m suing Hooters for sex-based discrimination, on the basis of accommodation and on the basis of employment," Livingston said.

Fox News Digital reached out to Hooters for comment, but didn't immediately hear back. 

The division reportedly found sufficient evidence that Livingston’s rights may have been violated under New York Executive Law 296.

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Pride flags

"I’m suing Hooters for sex-based discrimination, on the basis of accommodation and on the basis of employment," Brandy Livingston told NEWS 10. (photo by Mike Kemp/In Pictures via Getty Images) (Mike Kemp/In Pictures via Getty Images)

Hooters pushed back against Livingston’s claims, saying that she was told not to return to their restaurant due to inappropriate behavior before transitioning into a woman.

They reportedly allege that before Livingston transitioned, she made sexually explicit comments to the servers about masturbation and telling them she wanted to marry them.

Livingston denied those claims to NEWS 10.

Furthermore, Livingston allegedly threatened to go to a gun range for practice before the next time she visited the restaurant. Livingston explained to NEWS 10 that it was a misunderstanding of a conversation she had with her mother, Adelle.

Jacket with pronouns on top of a rainblow flag pattern

"They would use male pronouns. They would refer to me as he," Livingston told NEWS 10. (Photo by Lauren DeCicca/Getty Images) ((Photo by Lauren DeCicca/Getty Images))

"Brandy and Hooters on Wolf Road will now head to a Human Rights hearing in September of 2025," the outlet reported.

"It’s a very slow system, I think that’s why more people don’t stand up for their rights," Adelle told NEWS 10.

Joshua Q. Nelson is a reporter for Fox News Digital.

Joshua focuses on politics, education policy ranging from the local to the federal level, and the parental uprising in education.

Joining Fox News Digital in 2019, he previously graduated from Syracuse University with a degree in Political Science and is an alum of the National Journalism Center and the Heritage Foundation's Young Leaders Program. 

Story tips can be sent to This email address is being protected from spambots. You need JavaScript enabled to view it. and Joshua can be followed on Twitter and LinkedIn

Authored by Joshua Nelson via FoxNews October 31st 2024