A transgender woman in New York is suing Hooters for sex discrimination after their refusal to hire her.

Brandy Livingston says she filed a claim with the New York State Division of Human Rights over her treatment by the “breastaurant” franchise located upstate near Albany.

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“I’m suing Hooters for sex-based discrimination, on the basis of accommodation and on the basis of employment,” she told ABC affiliate NEWS10.

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After an investigation, the New York State Division of Human Rights has found sufficient evidence Livingston’s rights may have been violated under the state’s anti-discrimination laws.

Livingston says her local Hooters was a regular hangout before and after her transition last year. Now she claims she’s been disrespected as a woman.

“They would use male pronouns. They would refer to me as ‘he,’” she said.

Livingston said she made three attempts to get hired as a waitress at the popular restaurant, where, according to the company handbook, “the work environment is one in which joking and entertaining conversations are commonplace,” and waitstaff are expected to “interact with and entertain the customers” in a revealing uniform.

Livingston says she was rebuffed at every turn by management.

“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 claims management and employees engaged in a pattern of harassment and discrimination, openly mocking her gender identity.

“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 recounted.

Hooters denied Livingston’s allegations through an attorney, asserting she was asked not to return to the restaurant because of her offensive behavior, and alleging she made sexually explicit comments to servers, including references to masturbation and telling waitstaff she wanted to marry them.

Livingston said, “That, I never said anything about.”

Hooters also claimed Livingston threatened to go to a gun range “for practice” before her next visit to the restaurant.

“My mom would take me to the gun range and for clay pigeon shooting, trap. I feel like one of the servers might have overheard what me and my dad were talking about and misunderstood what we were talking about,” she said in response.

The Division of Human Rights has scheduled a hearing for September 2025.

“It’s a very slow system, I think that’s why more people don’t stand up for their rights,” Livingston’s mom Adelle said.

Livingston says she’s not interested in a settlement from the chain.

“What I really want is an apology.”

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