Transgender Employee Discriminated Against by Whole Foods

Having to deal with constant workplace harassment day in and day out, can be mentally and physically taxing to say the least. When starting out at any job, one always hopes for a pleasant and work conducive environment. When Victor Alexander King started working at Whole Foods, a leading gourmet supermarket nationally and internationally, he probably never believed he would have been discriminated and harassed so intensely due to being transgender. One of Whole Foods mission statements is specifically to “support team member happiness and excellence” and claim to create a work environment where team members can easily flourish and feel like they belong to a team. However, Victor King alleges to have been repeatedly harassed, intimidated, and alienated by coworkers and supervisors at his Whole Foods location in the Chelsea neighborhood for a period of six months.

King started work at Whole Foods as a male. He had begun hormone therapy five months prior and had officially changed his name to Victor before beginning his employment with Whole Foods. Initially he approached the locations Team Leaders and Customer Service Supervisors and upon explaining to them his situation he was assured the supermarket was LGBT friendly, and the Chelsea location had individuals who understood his situation. Unfortunately, soon after, Human Resources refused to accept his name change and co-workers and supervisors began referring to him as “she”, “her”, or “it” even after he asked them to stop. In December 2015, when Victor could no longer take the daily harassment, he spoke out to management. They took no action started no investigation, and the harassment continued unabated. King alleges that Whole Foods’ failed to address and remedy the discrimination and hostile work environment created by the repeated harassment and intimidation that he was subjected to. New York City Human Rights laws impose strict liability on employers for discriminatory acts of managerial employees as well as prohibiting discriminatory harassment motivated by victim’s actual or perceived gender that interferes with their employment. The lawsuit is trying to recover all back-pay, front-pay, compensatory damages, punitive damages, attorneys’ fees and costs of the action.

If you or anyone you know has been harassed or discriminated against at work, please do not hesitate to call an employment lawyer to discuss your rights. The employment lawyers at Fitapelli & Schaffer offer a free phone consultation and will help navigate the issues of your particular situation. You can reach us at (212) 300-0375 or visit our website www.fslawfirm.com for more information. At F&S, your rights are important to us as we are committed to helping hardworking employees across the nation.