Lawsuit accusing Amazon of anti-transgender workplace discrimination may proceed, federal judge rules

Amazon is set to answer explosive claims of severe harassment and discrimination after a judge ruled that an amended lawsuit from a transgender former employee could proceed. The case, brought by Ximena Navarrete, a Mexican transgender woman, alleges that she endured relentless abuse while working as a Prime Now shopper in Whole Foods stores across Washington, D.C., Maryland, and Virginia.

Keep up with the latest in LGBTQ+ news and politics. Sign up for The Advocate's email newsletter.

Navarrete’s lawsuit, originally filed in 2022, accuses Amazon of allowing an unchecked workplace culture of transphobia, racism, and sexual harassment. The amended complaint, which the court recently accepted in part, refines the legal claims and expands on the alleged violations, citing Title VII of the Civil Rights Act, the Civil Rights Act of 1866, and the D.C. Human Rights Act.

Related: Gay Ex-Amazon Employee Claims He Was Hit On by Female Boss, Then Fired

Navarrete initially represented herself in the legal proceedings, but after securing attorneys from Alan Lescht and Associates, the complaint was significantly restructured. “Ximena filed her original complaint pro se. She had some legal help, but she was largely doing this without representation,” her attorney, Ari Wilkenfeld, told The Advocate in an interview. “Her original complaint had some fairly significant flaws that had legal effect. What we did was ask the court for permission to amend the complaint to assert all the laws that we believe have been violated.”

The updated complaint details a harrowing workplace environment where Navarrete was allegedly subjected to daily death threats, physical and sexual assault, and repeated refusals to acknowledge her gender identity. Supervisors and coworkers allegedly called her by her former name, physically dragged her from stores, and engaged in persistent verbal abuse. The lawsuit claims Amazon managers ignored her repeated pleas for help and ultimately fired her after she reported the discrimination.

Despite Amazon’s objections, U.S. District Judge Amy Berman Jackson ruled that several of Navarrete’s claims could proceed, including allegations of a hostile work environment and retaliatory termination. The ruling also means Amazon must now formally respond to the allegations, marking a significant step forward in the case, Wilkenfeld said.

He also said that the case underscores a broader issue of workplace discrimination against transgender people, particularly in blue-collar and retail environments. “This kind of discrimination is particularly obscene,” Wilkenfeld said. “People feel empowered to discriminate against trans people in ways they wouldn’t dream of doing to a racial minority or any other kind of minority. They feel empowered to do whatever strikes them as appropriate.”

Since leaving Amazon, Navarrete has continued to struggle with workplace discrimination, her attorneys say, including a harrowing attack by a former employer who allegedly threw acid in her face after learning she was transgender.

While the case still has a long road ahead, her legal team sees it as an opportunity to send a message to other transgender people in distress. “We want to litigate these cases,” Wilkenfeld said. “The laws are here to protect you.”

Amazon has not yet publicly responded to the amended complaint. The Advocate contacted an attorney representing Amazon but did not immediately hear back.