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’
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.”
District of Columbia
Hands Off the Arts to form ‘human chain’ around Kennedy Center
Drag performer Tara Hoot among event organizers
An organization called Hands Off the Arts has announced it is holding a protest on Friday, Sept. 18, in which between 400 and 800 participants are expected to create a “human chain” around the Kennedy Center to voice their strong objection to President Donald Trump’s call for possibly demolishing the Kennedy Center.
“Hands Off the Arts is organizing a rally Sept. 18 against the president’s defacing of JFK’s memorial, his removal and censorship of art, and the threat to demolish the center if he can’t remake the site in his image,” a statement released by the group says.
The statement says the event will start with a rally at 6:30 p.m. on the Kennedy Center steps and culminate with a “human chain” around the building. “There will be musical performances, testimonials from current and former employees, along with other special guest speakers,” it says
A separate announcement by the group says longtime D.C. drag performer Tara Hoot, who has performed at the Kennedy Center in past years, was among the organizers of the Sept. 18 protest.
The planned protest follows Trump’s decision last year to use his authority to replace the existing members of the Kennedy Center’s board of directors with new members loyal to him. Over the objection of longtime Kennedy Center supporters, the Trump-appointed board changed the name of the center, at Trump’s request, from the John F. Kennedy Memorial Center for the Performing Arts to the Donald J. Trump and the John F. Kennedy Center for the Performing Arts.
But following the threat of legal action by opponents who pointed out that the name change could not be legally made unless approved by Congress, the name change was cancelled, with Trump saying he would take steps to restore it later.
The Washington Post, meanwhile, reports in a Sept. 13 news story that because of negative publicity related to Trump’s actions, the Kennedy Center was facing “fiscal collapse” and possible bankruptcy and could be forced to shut down as early as this week.
According to the Post report, a 57-page document presented to the Kennedy Center’s board of trustees says the center was facing a financial and structural building crisis, with the recent collapse of part of the building’s inside ceiling, indicating the building was unsafe for employees and the public. Among other things, the document says the Kennedy Center may not be able to make payroll or pay for routine maintenance “within a matter of weeks,” the Post reports.
Some LGBTQ advocates were among those who joined others in boycotting the Kennedy Center to express their objections to Trump’s actions, including a statement by Trump that he objected to the Kennedy Center’s practice of hosting drag performances.
The Gay Men’s Chorus of Washington has been among the LGBTQ performing arts groups and artists that have performed at the Kennedy Center.
“With the future still very much uncertain, now more than ever, the Center needs you to stand up for freedom of expression and against authoritarian overreach into arts and culture institutions,” the Hands Off the Arts group says in its announcement of the Hands Around the Kennedy Center protest.
“You have the opportunity to make a difference — show up with Hands Off the Arts and show your power as part of Hands Around the Kennedy Center,” it says.
A spokesperson for the Kennedy Center couldn’t immediately be reached for comment.
District of Columbia
Blade welcomes fall intern
Alexis McLean is student at University of North Florida
The Washington Blade this week welcomed Alexis McLean as its fall intern.
Alexis is studying political science at the University of North Florida in Jacksonville, Fla. She is interning with the Blade as part of a continued partnership with the Washington Center.
“I am looking forward to spending my time in the fall with the Washington Blade, as this is a new experience for me,” said Alexis. “I have not experienced any journalist jobs in the past so this would be my first time, and I am excited to better my writing and communications skills with this internship.”
Alexis’s internship with the Blade ends in early December.
District of Columbia
‘People don’t see me. They see a trend’
New popularity of all things Asian warps view of multiple cultures
As I was growing up, my parents often shared stories about how they were bullied when they were my age, just for being Asian. My mom is Cambodian and my dad is “Wasian,” Chinese and white. Students teased them for their looks, their homemade lunches, and treated their traditional holidays as jokes.
I once asked my mom when I was little if she could pack me dumpling leftovers for lunch. “Yes,” she said with a surprised look, adding, “I would have never wanted to bring dumplings to school when I was your age because I would always get bullied for them. I’m glad times have changed.”
At the time, I was confused. Whenever I brought a homemade Asian dish to school for lunch, I was happy to hear intriguing and curious questions from the other kids. It felt good to have my meal be popular and different from the Lunchables everyone else had.
Though times have changed, racism still continues. It just has a new face. Today, social media pretends to flatter our cultures in an insincere way trying to gain popularity just for clicks. Think anything from K-pop to Japan’s surge in international tourism. Even Starbucks has added drinks with the flavor of ube yam, native to the Philippines, onto its menu.
I feel that now when people see me, they don’t see me, they see a trend.
For years, Asian people have been portrayed as foreign or exotic. The new embrace of foods and fashion at first felt good. Asians have never been represented as much as they’ve deserved.
But this new popularity warps what non-Asians see. Instead of the blunt and direct racism my parents faced, everything now is a gray area, more discreetly hidden behind some TikTok video. It actually normalizes racism and stereotypes.
Whitewashing my culture
As a 15-year-old Asian American who lives in D.C., I’ve always been one of the few Asian kids in school; my high school today counts less than 2 percent of students as being of Asian descent. I remember always being called “that one Asian girl” or some slur a kid learned from their parents. Every time I search for something related to Asian culture, such as a recipe or maybe a holiday, it’s always the same thing: some white person whitewashing my culture.
Social media is the main culprit, of course. I realized this when I entered high school and got a phone and was introduced to the internet. That is when I realized how messed up the new stereotypes around Asians are.
One pattern I started to notice was people wanting to be Asian just because it was popular. It was hurtful, patronizing, and annoying. They made assumptions about our race and then only found us “cool” because we were trending. How can people go from hating us or finding us weird, to then only liking us because we’re popular?
There was a trend going around on TikTok called “race change to another” or RCTA. It is this trend of people manifesting certain physical traits to change their appearance in order to change races. According to journalist Emi Tran, writing then as an intern for NBC Digital, the trend started when a white woman wanted to be Japanese. The woman began posting TikTok videos of herself wishing for different features such as monolids. Tran wrote in that 2023 article that “the overwhelming majority of the RCTA community wants to be East Asian.”
People also look up to K-pop culture, idolizing the pop groups pulled together by big entertainment companies. Most people expect all Koreans to be K-pop fans. Korean friends are asked about K-pop all the time even though they are not into the South Korean music genre.
Although I am not South Korean — I am half Cambodian and Chinese — I still get asked, almost like I’m expected, “You’re really into this group, right?” or “Can you tell me how to pronounce this member’s name?”
I was asked even worse questions during COVID-19. Suddenly, discrimination and violence were increasing specifically toward Asians everywhere. Suddenly, almost everyone was blaming Chinese people for spreading and causing COVID-19.
I remember going to school for one of the last times before quarantine had started and hearing kids whisper, “Oh, she’s going to give us the Coronavirus.” President Donald Trump had publicly posted his opinions about the situation on social media, blaming China for the pandemic, even calling it the “Chinese Virus” or the “Wuhan Virus.” According to NPR, anti-Asian hate crimes in U.S. cities surged 149 percent that year.

The topic of Asians in the media has always been complicated. One moment people can hate us for being weird and different and the next we’re suddenly popular and cool for the same reasons.
I feel conflicted on whether I should feel happy that we’re being represented or angry that it’s all for the wrong reason and has the wrong effects.
Lily Brugman is a sophomore at Benjamin Banneker Academic High School, one of Youthcast Media Group’s journalism class partners. She worked with YMG volunteer and Professor Emerita in journalism at American University Amy Eisman on this piece.
