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Forever 21 Sued by Transgender Employee

May 21, 2015 Legal Team

Alexia Daskalakis began working for a Forever 21 store in New York in 2011 as a sales associate…and a man. Three years into Alexia’s tenure, she began her physical transition from male to female, and thus the harassment and discrimination began.

Though she had identified as female previously, in January 2014, Alexia began presenting herself in a more traditionally feminine way—wearing makeup, dressing more womanly. At this point in time, Alexia has also been promoted to the role of visual merchandiser and was responsible for setting up window displays.

Alexia had begun taking hormone pills for her physical transition in August 2014. Supervisors and co-workers, male and female alike, immediately began harassing Alexia, subjugating her gender identity. One manager called her a “hot mess” and told her that she looked “offensive,” asserting “in my eyes and the in the company’s eyes, you’re still a male.”

Alexia was sent home from a shift one day for not abiding by the male dress code and following the female dress code. The manager who sent her home that day, also told her, “you used to be a hard worker when you were a guy, but not anymore.” Alexia was fired the following January.

The lawsuit alleges that the company discriminated against Alexia based on gender identity, a protected class is becoming more and more indoctrinated into various anti-discrimination laws and labor codes.  Filed last month, this lawsuit comes in the wake of a different lawsuit against Saks Fifth Avenue for similar claims. The Saks suit settled only a few weeks before Alexia’s was filed

Source: Fortune Magazine