Connect with us

District of Columbia

D.C. trans woman files bias lawsuit against Whole Foods, Amazon

Co-workers accused of ‘threats to do bodily injury,’ ‘lewd, obscene acts’

Published

on

Ximena Navarrete

A lawsuit filed by a D.C. transgender woman in July 2022 accuses the Whole Foods supermarket company and its parent company Amazon.com, Inc. with failing to stop as many as 20 Whole Foods employees in six D.C.-area Whole Foods stores from allegedly subjecting the trans woman who worked in those stores with sexual harassment and assault, threats of assault, anti-trans name-calling, and lewd and obscene gestures.

Court records show two separate complaints, one against Whole Foods and the other against Amazon, were initially filed July 11, 2022, in D.C. Superior Court by Vanessa Navarrete, who later changed her name to Ximena Navarrete, after the case was transferred in August 2022 to the U.S. District Court for the District of Columbia.

The records show Navarrete’s initial filing in U.S. District Court called for $1 million in damages from Whole Foods, with a second filing two months later in the same federal court calling for $1.5 million in damages from Amazon.

An initial answer to the complaint filed Nov. 3, 2022, by attorneys representing Amazon states, “Amazon denies that it engaged in any wrongful conduct with respect to Plaintiff,” among other reasons, on grounds that Amazon “was not Plaintiff’s employer.”

But a 57-page amended complaint filed as part of the lawsuit on Jan. 5, 2023, names as defendants in the lawsuit Amazon.com, Inc.; Prime Now LLC, the Amazon-owned company that operates the Whole Foods supermarket chain; and D.C.-area Whole Foods employees listed as “John Doe 1-10” and “Jane Doe 11-20.”  

In subsequent court filings, Amazon attorneys repeatedly assert that the defendant in the case is Prime Now LLC “improperly identified as Amazon.”

The complaint describes in graphic terms the allegations made by Navarrete in her lawsuit.

“During the course of Plaintiff’s employment, Plaintiff was subjected to a pattern of discrimination, harassment, threats to do bodily injury, lewd, indecent, and/or obscene acts, indecent exposure, offensive language, offensive and unwanted physical contact, due to Plaintiff’s sex, perceived sex, personal appearance, sexual orientation, gender, gender identity, gender expression, race, national origin, age and disability,” the complaint states.

“During the course of Plaintiff’s employment, Defendant Amazon and members of management were indifferent to the discrimination, harassment, threats to do bodily injury, lewd, indecent and/or obscene acts, indecent exposure, offensive and unwanted physical contact to which Plaintiff was subjected,” according to the complaint.

The lawsuit says Navarrete, 46, worked at the D.C. Whole Foods stores at the 1400 block of P Street, N.W. and in D.C.’s Tenleytown and Friendship Heights neighborhoods as well as the stores in Silver Spring, Md. and Arlington and Springfield in Virginia from Sept. 20, 2020, to Oct. 6, 2021, as a “Prime Now – Whole Foods Shopper,” a position in which she fulfilled food orders placed by customers online.

Supporting documents filed with the lawsuit say the alleged mistreatment of Navarrete began on her first day at work at one of the Whole Foods stores when a manager required her to wear a name badge with her birth name. Court documents show that she disclosed her birth name at the time she applied for the job and openly identified as transgender and requested, with Whole Foods managers initially agreeing, that she be identified and addressed as a female with her female name.

Her wearing a name tag with the male dead name played a key role in prompting co-workers to begin harassing her, court documents show.

Court records also show she identified herself as “Victor Navarrete (Vanessa)” in the first, handwritten version of her lawsuit filed in D.C. Superior Court, which she filed herself without an attorney. Her first amended complaint filed in the U.S. District Court identifies her as “Victor Navarrete a/k/a Vanessa Navarrete.”  However, the lawsuit repeatedly states that she made it clear to managers and officials with Whole Foods Human Resources Department that she identifies as a female and wants to be addressed and listed in work-related documents by her female name.

According to the lawsuit, her employment with Whole Foods was terminated in October 2021 due to discrimination based, among other things, on her status as a Latina transgender woman and “for seeking redress from the discrimination and/or harassment.”

The Jan. 5, 2023, amended complaint charges Amazon and Whole Foods with violating the U.S. Civil Rights Act of 1964, the D.C. Human Rights Act, and the D.C. Bias Related Crimes Act for their “wrongful employment practices against Plaintiff.”

The Washington Blade reached out by phone and email to the two lead attorneys representing Amazon in the lawsuit – Michael A. Chichester Jr. and Brandon Robert Mita of the D.C. law firm Littler Mendelson PC for comment on the case on behalf of Amazon and Whole Foods. Neither responded to the request for comment.

The Blade similarly reached out by email to spokespersons for Amazon and Whole Foods seeking comment on the lawsuit. As of Aug. 1, neither had replied.

The Human Rights Campaign Foundation, a national LGBTQ advocacy organization, has awarded Amazon, Inc. its highest score of 100% in its 2023-2024 Corporate Equality Index rating that evaluates LGBTQ supportive policies for employees.

The HRC Corporate Equality Index did not have a rating for Prime Now LLC or Whole Foods.

Court records show that Navarrete also filed a discrimination complaint against Amazon regarding her employment at Whole Foods with the U.S. Equal Employment Opportunity Commission (EEOC) on April 5, 2021, and another discrimination complaint against Amazon for the same alleged improper treatment with the D.C. Office of Human Rights on that same day. 

The court records show that the EEOC on Jan. 4, 2023, issued a “right to sue” letter clearing the way for Navarrete to file her lawsuit in federal court under court rules that require people alleging employment discrimination to seek an “administrative” remedy before going to court.

The most recent court records show that U.S. District Court Judge Amy Berman Jackson, who is presiding over the lawsuit case, in April of this year denied a motion by Navarette’s attorneys to file another amended complaint with new allegations against Whole Foods employees. Among the new allegations, court records show, is that a Whole Foods male employee allegedly “groped” Navarrete’s buttocks and breasts, another employee allegedly exposed his genitals to her, and another allegedly sent her “explicit text messages and photographs of male genitals.”

Yet another new allegation, the record shows, is a security guard working for Whole Foods allegedly visited Navarette at her home and raped her after asking her for sex in exchange for helping her resolve her problems at work.

The Blade couldn’t immediately find in the court records a reason given by the judge for denying the motion to file the new amended complaint. But a motion filed by Amazon’s attorneys opposing the request by Navarette to amend the complaint argues that the new allegations are significantly different from the allegations in her original complaint and would be legally “untimely” in violation of court rules.

In reference to its call for monetary damages and compensation, the lawsuit states that because of Amazon’s “unlawful conduct,” Navarrete “has suffered, and continues to suffer, mental anguish and emotional distress, including but not limited to, humiliation, embarrassment, stress and anxiety, loss of self-esteem and confidence, and emotional pain and suffering, as well as physical injury, for which she is entitled to an award of compensatory damages and other relief.”

As of Aug. 1, the court records show that no trial date has been set for the case. The records do show that as required by court rules, the two sides entered mediation last year in an effort to reach a resolution to settle the case, but the mediation ended with no agreement being reached.

Erica Bilkis, one of two attorneys with the D.C. law firm Alan Lescht & Associates representing Ximena Navarrete, pointed out that 55 years after the Stonewall Rebellion started the modern LGBTQ rights movement, “trans women of color are still being persecuted and fighting for equal treatment in their personal and professional lives.” Bilkis added, “We are hopeful that we will not only bring justice on behalf of Ms. Navarrete, but also encourage others to bravely speak out against this systemic issue.” 

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

District of Columbia

LGBT exhibition at D.C.’s Capital Jewish Museum opens May 16

‘LGBT Jews in the Federal City’ arrives for WorldPride and beyond

Published

on

Bet Mishpachah members march at the Second National March on Washington for Lesbian and Gay Rights, October 11, 1987. (Photo courtesy of Lillian and Albert Small Capital Jewish Museum Collection. Gift of Bet Mishpachah with thanks to Joel Wind & Al Munzer)

The D.C. Lillian and Albert Small Capital Jewish Museum is opening a special exhibition called “LGBT Jews in the Federal City” on Friday, May 16, that will remain at the museum at 575 3rd St., N.W. until Jan. 4, 2026.

Museum officials have said they are pleased that the LGBT exhibition will be open concurrently with WorldPride 2025 D.C., which takes place May 17-June 8. The exhibition also takes place during Jewish American Heritage Month in May and during LGBTQ Pride Month in June, the museum points out in a statement.

“This landmark exhibition explores a turbulent century of celebration, activism, and change in the nation’s capital led by D.C.’s LGBTQ+ Jewish community,” the museum statement says. “This is a local story with national resonance, turning the spotlight on Washington, D.C. to show the city’s vast impact on LGBTQ+ history and culture in the United States.”

LGBT Jews in the Federal City includes “more than 100 artifacts and photographs representing the DMV region’s Jewish LGBTQ+ celebrations, spaces, struggles, joys, and personal stories,” the stamen points out.

A pre-opening tour of the exhibition provided for the Washington Blade shows that among the displays are first-ever shown materials from Bet Mishpachah, D.C.’s LGBTQ supportive synagogue, which is the nation’s fourth-oldest LGBTQ friendly synagogue.

Also included is a prominent display about Barrett Brick, a longtime D.C. LGBT rights advocate and Jewish community leader who served as a board member and president of Bet Mishpachah in the 1980s and as executive director of the World Congress of Gay and Lesbian Jewish organizations from 1987 to 1992. Brick passed away following a 10-year battle with cancer in 2013.

Another display in the museum’s several rooms accommodating the exhibition includes the ability to listen to audio clips of local LGBTQ community members sharing in their own voices their oral histories provided by D.C.’s Rainbow History Project.

Other displays include campaign posters and photos of prominent gay rights icon Frank Kameny, who led efforts to end discrimination against LGBTQ people from the federal government; and a panel from the AIDS Memorial Quilt that includes the name of a prominent Jewish Washingtonian who died during the AIDS epidemic.

“Through prompts, questions, and thoughtful design throughout the exhibition, visitors will be encouraged to ponder new ways to understand Jewish teachings and values as they relate to gender and sexuality,” the museum’s statement says.

“After leaving the exhibition, visitors can contribute to the Museum’s collecting and storytelling by sharing photographs, personal archives, or by recording stories,” it says.

The museum is open for visitors to see the LGBT exhibition and other museum exhibits 10 a.m. through 5 p.m. Wednesdays through Sundays. Admission to LGBT Jews in the Federal City is $12. 

Continue Reading

District of Columbia

Rainbow History Project WorldPride exhibition to open May 18

‘Pickets, Protests and Parades’ to be on display at Freedom Plaza

Published

on

A scene from the Gay & Lesbian Pride Festival on June 17, 1990. (Blade file photo by Doug Hinckle)

D.C.’s Rainbow History Project is scheduled to open its WorldPride 2025 exhibition called “Pickets, Protests, and Parades: The History of Gay Pride in Washington” on Sunday, May 18, in Freedom Plaza.

Located on Pennsylvania Avenue, N.W. between 13th and 14th streets less than three blocks from the White House, the exhibition will be open to the public free of charge for 24 hours through July 6.

The exhibition “will chronicle the local LGBTQ+ Pride movement and how the pickets and protests of the 1960s led to the vibrant celebrations of the 2020s,” a statement released by Rainbow History Project says.

The statement notes that the exhibition’s displays will include photos and information about a 1965 protest in front of the White House by 10 gay men and lesbians carrying picket signs in what is believed to be one of the city’s and possibly the nation’s first public demonstrations in support of the then homosexual community.

“The exhibition disrupts the popularly held belief that the LGBTQ+ rights movement began with the Stonewall Riots in 1969 in New York,” the statement points out. It says the 1965 gay protest outside the White House, which took place four years before Stonewall, represents “the start of D.C.’s rich queer history.”

“Covering 1965 to the present, the exhibition explores the history of Pride in D.C. in 10 distinct thematic eras,” according to the statement. “Large hero images around the perimeter will draw people into the exhibit to explore a timeline wall with historic quotes from Pride’s organizers. Each of the 10 eras are detailed in thematic cubes rich with history and visuals.”

The statement says Rainbow History Project is seeking community members to serve as Exhibit Monitors to assist in operating the display in four shifts each day and night to be compensated from between $80 and $100 per shift depending on the time of the shift.

Information about applying to become an exhibit monitor can be accessed at Rainbow History’s website.

Continue Reading

District of Columbia

Jeanine Pirro has mixed record on LGBTQ rights in N.Y.

Trump pick for interim U.S. Attorney for D.C. under fire

Published

on

Jeanine Pirro (Photo by Glynnis Jones/Bigstock)

Jeanine Pirro, the controversial Fox News host and commentator appointed by President Donald Trump on May 8 to become interim United States Attorney for the District of Columbia has a little-noticed record of partial support for gay rights while mostly opposing transgender rights.

She expressed support for gay rights during her tenure as a prosecutor and candidate for public office in New York State beginning in 2000, media reports show.

According to news media reports at that time in New York, Pirro actively supported the approval by the New York State Legislature of a hate crimes law that included sexual orientation as a protected class in 2000. Press reports show she also spoke out in support for anti-discrimination protections for LGBTQ people during her unsuccessful election campaign for State Attorney General in 2006.

Although she supported civil unions rather than legal marriage for same-sex couples, Pirro spoke out strongly against a proposed federal constitutional amendment to ban same-sex marriage, press reports show. However, media reports also show she supported the federal Defense of Marriage Act passed by Congress, which defined marriage as a union between a man and a woman.

Reports show that in 2006 she acknowledged participating in both a Pride parade and a fundraising event organized by Log Cabin Republicans, the LGBTQ GOP group.

Other media reports show that Pirro called on the National Collegiate Athletic Association (NCAA) to ban transgender women from competing in women’s sports

“Women are being condemned, disavowed, and erased by allowing transgender women to compete with biological women in sports,” she stated on one of her Fox News talk shows. “This is the ultimate elimination and subjugation of women in our society,” she stated on that show.

In his decision to appoint Pirro as Acting U.S. Attorney for D.C., which by law is a temporary position, Trump has not said whether he plans to nominate Pirro for the permanent D.C. U.S. Attorney position.

Trump’s decision to name Pirro as acting U.S. Attorney came after congressional Democrats as well as some Republicans made it clear they would not support Ed Martin, Trump’s earlier appointment as acting D.C. U.S. Attorney for the permanent U.S. Attorney position.

The Washington Post reports that congressional Democrats have raised strong concerns about Pirro’s ability to serve as D.C.’s U.S. Attorney based, among other things, on her controversial statements as a Fox News talk show host.

The Post reports that she was among the Republicans who disputed the 2020 presidential election results, noting she was named as one of the Fox News commentator defendants in a defamation lawsuit filed by a company producing voting machines that accused Pirro and others with making false statements that faulty voting machines played a role in Trump receiving fewer votes than he actually received when he lost to Joe Biden in the 2020 election.

Congressional Democrats are also raising questions about whether Pirro has sufficient experience to serve as U.S. Attorney based on her past role as three-term Westchester County, N.Y. District Attorney, the Post reports. The Democrats reportedly are claiming Pirro lacks experience as a prosecutor in federal cases, which the D.C. U.S. Attorney prosecutes as well as local D.C. cases.

Trump, in a social media post, called Pirro a “powerful crusader for victims of crime.” Several prominent Republican U.S. senators also expressed strong support for Pirro’s appointment. 

“Jeanine Pirro has had a long and storied career as a prosecutor, and she is a great choice by [Trump] to serve as U.S. Attorney for D.C.,” the Post quoted Sen. Thom Tillis (R-N.C.) as saying.   

Pirro served as a judge in Westchester County, which is a suburb of New York City, before being elected as the county’s district attorney in 1993. She held that position until 2005, when she announced her GOP candidacy for New York’s U.S. Senate seat held then by Democrat Hillary Clinton, which was up for election in 2006.

The Post and other media outlets report conservative Republican leaders pressured Pirro to drop out of the U.S. Senate race on grounds that her moderate positions on a number of issues, including her support for a woman’s right to choose an abortion, would alienate conservative voters.

After withdrawing her candidacy for the Senate, Pirro became a candidate for the New York State Attorney General’s position.

She won the GOP nomination for that position and emerged, according to political observers, as a true “moderate” Republican on issues including her support for LGBTQ rights protections in employment and LGBTQ-inclusive hate crimes laws. In November 2006 Pirro lost the election to Democrat Andrew Cuomo.

Among the issues that hurt her campaign, media reports show, was her former husband’s conviction in 2000 on federal conspiracy and tax evasion charges following his tenure as Trump’s real estate attorney.

He was sentenced to 29 years in prison but served just 11 years before Trump pardoned him at the end of the last year of Trump’s first term as president. According to media reports, Jeanine Pirro lobbied Trump to pardon her ex-husband.

Wikipedia reports that in 2013 Pirro interviewed on her talk show William Owens, an official with the anti-LGBTQ National Organization for Marriage, which opposed same-sex marriage. But the Wikipedia write-up doesn’t say whether Pirro expressed her own views on that subject during the interview.

However, Wikipedia reports that in 2021 Pirro attended Log Cabin Republicans’ Spirit of Lincoln Gala, the group’s largest annual fundraising event.

Andrew Minik, president of Log Cabin Republicans of D.C., said the LGBTQ GOP group strongly supports President Trump’s decision to appoint Pirro as interim U.S. Attorney for D.C.

“Judge Pirro is a longtime friend and ally of Log Cabin Republicans, a fierce advocate for law enforcement officers, and defender of the rule of law,” Minik told the Blade in a statement. “Her appointment marks a turning point in restoring order and ending the culture of leniency that has put D.C. residents at risk,” he said.  

The Human Rights Campaign, the nation’s largest national LGBTQ advocacy organization, considers Pirro’s appointment “a slap in the face of justice,”  according to Brandon Wolf, the group’s national press secretary.

“Given her insulting comments about transgender people, the people of D.C. cannot count on Pirro to protect the rights of all of our residents and visitors,” Wolf said in a statement to the Blade.

“As U.S. Attorney, she would be responsible for prosecuting hate crimes and civil rights violations but based on her time as a Fox News talking head, she can be expected to advance the administration’s anti-LGBTQ+ agenda, including non-enforcement of critical civil rights protections,” Wolf said.

Continue Reading

Popular