Forever 21

Case 2:17-cv-01243 Document 1 Filed 02/16/17 Page 1 of 84 Page ID #:1
1 JARRETT A. GREEN (SBN 237443)

KILOMETER PARTNERS, LLP
2 631 N. Larchmont Blvd., No. 1
Los Angeles, California 90004
3 Telephone: (323) 457-5700
Jarrett@kilometer.partners
4
Attorneys for Plaintiff
5
Anastasia (Mark) Garcia
6
7
UNITED STATES DISTRICT COURT
8
CENTRAL DISTRICT OF CALIFORNIA
9
_______________________________________
10 ) COMPLAINT FOR:
ANASTASIA (MARK) GARCIA, an )
11
individual, ) (1) SEX DISCRIMINATION UNDER
12 ) TITLE VII OF THE CIVIL RIGHTS
) ACT OF 1964;
13 Plaintiff, ) (2) SEX DISCRIMINATION UNDER
) CALIFORNIA FAIR EMPLOYMENT
14 v. ) AND HOUSING ACT;
) (3) HOSTILE WORK ENVIRONMENT;
15 ) (4) WRONGFUL TERMINATION;
FOREVER 21, INC., a California corporation; ) (5) VIOLATIONS OF FAMILY
16 MANUEL RUIZ, an individual; BEAU VOSS, ) MEDICAL LEAVE ACT;
an individual; and DOES 1-10, ) (6) VIOLATIONS OF CALIFORNA
17 ) FAMILY RIGHTS ACT;
Defendants. ) (7) VIOLATIONS OF CFRA (PART 2);
18 ) (8) VIOLATIONS OF CA LABOR CODE
) 226;
19
(9) VIOLATIONS OF CA LABOR CODE
20 226.7 AND 512;
(10) VIOLATIONS OF FAIR LABOR
21 STANDARDS ACT;
(11) NEGLIGENT HIRING/RETENTION;
22 (12) NEGLIGENCE;
(13) INTENTIONAL INFLECTION OF
23 EMOTIONAL DISTRESS;
(14) PROMISSORY ESTOPPEL; &
24 (15) VIOLATIONS OF CA BUSINESS &
PROFESSIONS CODE 17200.
25
DEMAND FOR JURY TRIAL
26
27
COMPLAINT
28
1 Plaintiff Anastasia Garcia, aka Mark Garcia (Ms. Garcia) hereby

2 complains against Defendant Forever 21, Inc., Manuel Ruiz, and Beau Voss,
3 and alleges, upon personal knowledge as to herself and her own acts, and upon
4
information and belief as to all other matters, as follows:
5
JURISDICTION AND VENUE
6
1. This Court has federal question jurisdiction over this matter, as Ms.
7
Garcia has asserted claims under Title VII of the Civil Rights Act of 1964 and
8
the Fair Labor Standards Act.
9
2. The Central District of California is a proper venue for this matter
10
pursuant to 28 U.S.C. 1391(b)(2) because a substantial part of the events or
11 omissions giving rise to this lawsuit occurred in this judicial district. Moreover,
12 the Central District of California is the proper venue for this matter because
13 Forever 21, Inc., is headquartered in this judicial district and both individual
14 defendants reside in this judicial district. Finally, venue properly lies within
15 this district because this is a tort action and at least one of the harms suffered by
16 Ms. Garcia was felt, and continues to be felt, in this judicial district.
17 3. This Court has personal jurisdiction over Defendant Forever 21,

Inc., because it is headquartered in the State of California, because it has several
18
physical stores or branches in the State of California, and because it conducts
19
substantial and regular business in the State of California. This Court has
20
personal jurisdiction over the individual defendants because both individuals
21
reside in the State of California.
22
23
THE PARTIES
24 4. Plaintiff Ms. Garcia is an individual residing in Los Angeles
25 County, California, who was employed by Forever 21, Inc. in its Montebello
26 branch from approximately November 2010 through June 14, 2016, when she
27
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28
1 was constructively discharged. At all relevant times, Ms. Garcia met the
2 definition of employee under all applicable statutes and laws.
3 5. Defendant Forever 21, Inc. (Forever 21) is a California
4
corporation having its headquarters in Los Angeles County, California. At all
relevant times, Forever 21 qualified as an employer under all applicable laws
5
and statutes.
6
6. Defendant Manuel Ruiz (Mr. Ruiz) is an individual residing in
7
Los Angeles County, and served as a Manager of Forever 21 Montebello from
8
approximately December 2013 through approximately July 2016, when Mr.
9
Ruiz voluntarily departed Forever 21 for another company. He informed others
10
that he was voluntarily resigning in order to accept a better opportunity at
11 another company.
12 7. Defendant Beau Voss (Mr. Voss) is an individual residing in Los
13 Angeles County, and has served as the Store Manager of Forever 21 Montebello
14 from approximately April 2015 through the present.
15 8. The true names of the defendants sued herein as Does 1 10,
16 inclusive, are not known to Ms. Garcia at this time. Such defendants are other
17 persons or business entities who are responsible for the conduct alleged herein
who are liable to Ms. Garcia as a result thereof. Ms. Garcia will seek leave of
18
Court to amend the Complaint, if warranted, to set forth their true names and
19
capacities when this information is ascertained.
20
21
22
23
24
25
26
27
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28
1 SUMMARY OF ALLEGATIONS
3 9. This case involves a campaign of blatant discrimination by Forever
4
21, the fifth largest clothing retailer in the world, against one of its employees,
Ms. Garcia, for being transgender.
5
10. Forever 21 was founded by Do Won Chang and Jin Sook Chang
6
(collectively, the Changs), who are self-proclaimed evangelical Christians.
7
The Changs publicly describe Forever 21 as a Christian company, have the
8
biblical reference John 3:16 imprinted on every Forever 21 shopping bag, and
9
regularly release new garments with overt Christian references or quotations on
10
them.
11 11. Ms. Garcia joined Forever 21 in November 2010 at age 19, when
12 she was still presenting publicly as a man. She then provided three years of
13 exemplary service, receiving extraordinary annual reviews for fiscal years 2011,
14 2012 and 2013. She was beloved by her coworkers, bosses, and customers
15 alike. She was considered a star employee at Forever 21.
16 12. Unfortunately, Forever 21s treatment of Ms. Garcia drastically
17 changed when she transitioned into a woman and when the company hired a
new manager, Mr. Ruiz, shortly thereafter.
18
13. After working at Forever 21 for approximately three years, Ms.
19
Garcia made the decision to formally transition into a woman in approximately
20
August 2013. She began to take testosterone-blocking and estrogen hormones,
21
began wearing womens clothes (such as dresses, skirts, and blouses), wore
22
makeup like a woman, grew her hair out long, and asked her bosses and
23
coworkers (as well as family and friends) to refer to her as Anastasia. She
24 was also researching gender reassignment surgical options.
25 14. In approximately December 2013, Mr. Ruiz was hired as a
26 manager in Ms. Garcias store. Mr. Ruiz was a self-proclaimed born-again
27
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28
1 Christian who held (and loudly espoused) strongly transphobic and homophobic
2 beliefs.
3 15. For the next 2.5 years, Mr. Ruiz subjected Ms. Garcia to a wide
4
variety of blatant acts of discrimination for being transgender. He would
regularly go on long religious rants in the workplace about the Bible and the
5
many sinners in society, and he would exclaim that Ms. Garcia and other
6
transgender people are violating Gods will and are going to hell.
7
16. He would look at Ms. Garcia with complete disgust, and treat her
8
inhumanely and with obvious disdain. When he was unable to completely
9
unavoid Ms. Garcia, Mr. Ruiz would yell at her and snap at her with spite if she
10
asked even a simple question. He would deprive of her of pay, hours, and
11 promotional prospects.
12 17. Now that Mr. Ruiz had come into power in the store, and now that
13 Ms. Garcia was living as a full-time woman, she was suddenly treated like
14 garbage at Forever 21.
15 18. It did not matter to Mr. Ruiz (or to the then-Store Manager,
16 Darrien Johnson, or his successor, Mr. Voss) that Ms. Garcia had performed
17 three years of extraordinary service for the company (before transitioning into a
woman). Mr. Ruiz was disgusted by Ms. Garcia someone he described as a
18
sinner who would go to hell. He did not hide his discrimination. And
19
Mr. Johnson and Mr. Voss not only refused to deter Mr. Ruizs blatant
20
discrimination, they actively enabled it.
21
19. Thus, despite Ms. Garcias three straight years of spectacular
22
service and reviews at Forever 21, once she transitioned into a woman, and
23
once Mr. Ruiz was installed as her manager, Ms. Garcia was relegated to an
24 object of extreme discrimination and emotional abuse.
25 20. The above events are corroborated by the sworn declarations of 16
26 current and former employees of Forever 21. In fact, these declarations
27
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28
1 represent only a snippet of the witnesses who will be called in this case to
2 testify to Forever 21s blatantly illegal conduct. This is the rare litigation where
3 the issue of liability cannot seriously be questioned. Forever 21s
4
discrimination and violation of Ms. Garcias legal rights are about as blatant as
it gets.
5
21. Under the bigoted and discriminatory management of Mr. Ruiz
6
(and with the Store Managers clear acquiescence and support), Ms. Garcia was
7
the victim of several different adverse employment consequences:
8
9 Ms. Garcia was demoted from her role as cashier and

10 returned to the floor as a standard employee;
11 Ms. Garcias hourly pay was reduced from $10.50 to

12 $10.00;
13 Ms. Garcias hours were significantly cut in 2015 compared

14 to the final year before Mr. Ruiz and Mr. Voss took over
(with an approximately 20% reduction in hours), which
15
difference dropped her below the 1,250 hours necessary to
16 qualify for FMLA benefits;
17
Ms. Garcia was consistently passed over for promotions
18 (and, in fact, never even considered for one) despite her
extraordinary work and talents;
19
20 Ms. Garcia was denied a year-end review for calendar year

2015 (conducted in January 2016) which is the time in
21
which managers offer raises to the employees based on
22 their annual performance (Mr. Voss and Mr. Ruiz literally
23
just skipped her review, and acted as if she was not an
employee, despite giving a year-end review to every other
24 employee); and
25
Ms. Garcia was ultimately constructively discharged on
26 June 14, 2016, after she developed serious mental and
27
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28
1 medical problems as a result of the protracted, severe

2
discrimination she endured.
3
22. Ms. Garcia now finds herself unemployed, and unable to obtain a
4
new job. (Research shows that transgender people are, by far, the single most
5
discriminated against group in the U.S. when it comes to hiring decisions.)
6
23. Moreover, once a very positive, bubbly and upbeat person, Ms.
7
Garcia now suffers from major depressive disorder, extreme anxiety
8
disorder, and panic disorder (as diagnosed by her psychiatrist). She has been
9 prescribed and takes powerful anti-depressants and anti-anxiety medication,
10 with minimal, if any, benefit. (Ms. Garcia had no history of mental illness
11 before this time.)
12 24. Additionally, she now suffers from several stress-induced medical
13 problems, including a host of gastrointestinal and digestive problems, as
14 thoroughly outlined below. Ms. Garcia never experienced these sorts of
15 medical problems in her whole life, and they only arose as somatic
manifestations of the severe mental and emotional issues caused by Forever
16
21s illegal actions. (This conclusion is confirmed by the physician and
17
psychologist who conducted an Independent Medical Evaluation of Ms.
18
Garcia.)
19
25. Simply put, as a result of Forever 21s 2.5 years of blatant
20
discrimination and dehumanization, Ms. Garcias life is now upside down. She
21
is unemployed and unable to obtain new employment; she has serious mental
22 illness; and she has serious medical problems.
23 26. Forever 21 is liable for violating Ms. Garcias legal rights, and for
24 the serious and widespread injuries it has caused her.
25
26
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28
2 SPECIFIC ALLEGATIONS
4
Ms. Garcia Joins Forever 21 In November 2010
5
While Still Presenting As A Man, And Quickly Builds A Reputation As A
6
Top-Notch Employee And Coworker
7
8
27. Ms. Garcia started at Forever 21 in or about November 2010. She
9
had just turned 19 years old, and it was her first job.
10
28. At that time, she was still coming to terms with her status as a
11 transgender woman. She had always felt like a girl inside, from the time she
12 could first remember as a little child. She never felt like she was a boy. She
13 always knew she was a girl.
14 29. At the time she started at Forever 21, she was still presenting (or
15 publicly identifying) as a man, albeit an effeminate man.
16 30. Ms. Garcia quickly built a reputation within Forever 21 as a very
17 hard-working employee who was very knowledgeable about the merchandise

and skilled at configuring outfits for customers. She was known for her cheery
18
and positive disposition, and for her very professional and upbeat attitude. She
19
was widely perceived as one of the very best employees in the store.
20
21
Ms. Garcia Consistently Proves Herself As A Star Employee,
22
And Receives Outstanding Annual Reviews
23
Each Of Her First 3 Years At The Company
24 31. In her first three years at Forever 21, Ms. Garcia proved to be a
25 stellar employee. She earned wildly positive annual reviews from management
26 in her first three years at the company.
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28
1 32. Her first 3 annual reviews which were issued in about January
2 2012, January 2013, and January 2014 all reflected extraordinary performance
3 on her part. (Because Ms. Garcia commenced her employment in November
4
2010, her first annual review was for the calendar year 2011, which was
delivered to her in approximately January 2012.)
5
33. The written reviews she received (but was not permitted to keep)
6
reflected scores of approximately 98, 95 and 98 out of a total possible score of
7
100 for those 3 years. (Because Forever 21 merely showed the employees their
8
written reviews during their evaluation meeting, but did not allow the
9
employees to retain a copy of the written review, Ms. Garcia does not have a
10
copy of the reviews. These scores, which are based on Ms. Garcias memory,
11 will be confirmed during the discovery process.)
12 34. Forever 21 issued its reviews based on a variety of categories, such
13 as attendance, attitude, behavior, employee relations, dress code, and others.
14 35. Ms. Garcias total annual scores (of 95 and above) demonstrated
15 that she received nearly perfect scores on every single category.
16 36. Ms. Garcias exceptionally high scores were far from common
17 among Forever 21 employees. Indeed, countless of Ms. Garcias coworkers

over the years would complain that they received low scores and that they
18
disagreed with their evaluations.
19
37. Notwithstanding the companys high standards for its employees,
20
Ms. Garcia received exceptionally high scores for three straight years. Ms.
21
Garcia was known as a star employee, and her outstanding written reviews
22
demonstrated this fact.
23
24
25
26
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-8- COMPLAINT
28
1 Everything Changes When Ms. Garcia Transitions Into

2 A Woman And A New Manager Is Hired
3 38. Unfortunately, Forever 21s treatment of Ms. Garcia drastically
4
changed when she transitioned into a woman and when the company hired a
new Manager, Mr. Ruiz.
5
39. After working at Forever 21 for approximately three years, Ms.
6
Garcia made the decision to formally transition into a woman in approximately
7
August 2013. She began to take testosterone-blocking and estrogen hormones,
8
began wearing womens clothes (such as dresses, skirts, and blouses), wore
9
makeup like a woman, grew her hair out long, and asked her bosses and
10
coworkers (as well as family and friends) to refer to her as Anastasia. She
11 was also researching gender reassignment surgical options.
12 40. In approximately December 2013, Mr. Ruiz was hired as a
13 Manager. For the next 2.5 years, Mr. Ruiz would subject Ms. Garcia to extreme
14 discrimination due to her status as a transgender woman.
15 41. Mr. Ruiz, a self-identifying born-again Christian, openly shared his
16 blatant disdain for gays and transgendered people. As explained in detail
17 below, Mr. Ruiz subjected Ms. Garcia to a wide variety of blatant acts of
discrimination for being transgender. He would regularly go on long religious
18
rants in the workplace about the Bible and the many sinners in society, and he
19
would exclaim that gay and transgender people are violating Gods will and
20
are going to hell. He would look at Ms. Garcia with complete disgust, and
21
treat her inhumanely and with blatant disdain. When he was unable to
22
completely unavoid Ms. Garcia, Mr. Ruiz would yell at her and snap at her with
23
disdain if she asked even a simple question.
24 42. Once Mr. Ruiz came into power at the store, and now that Ms.
25 Garcia was living as a full-time woman, she was suddenly treated like garbage.
26
27
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28
1 43. It did not matter to Mr. Ruiz (or to the then-Store Manager,
2 Darrien Johnson, or his successor, Mr. Voss) that Ms. Garcia had performed
3 three years of extraordinary service for the company (before transitioning into a
4
woman). Mr. Ruiz was disgusted by Ms. Garcia someone he described as a
sinner who would go to hell. He did not hide his discrimination. And
5
Mr. Johnson and Mr. Voss not only refused to deter Mr. Ruizs blatant
6
discrimination, they actively enabled it.
7
44. Thus, despite Ms. Garcias three straight years of spectacular
8
service and reviews at Forever 21, once she transitioned into a woman, and
9
once Mr. Ruiz was installed as a Manager at the store, Ms. Garcia was relegated
10
to an object of discrimination and emotional abuse.
11
12
13 Ms. Garcias Manager, Mr. Ruiz, Goes On Regular Religious Rants

14 In The Workplace In Which He Openly And Repeatedly Exclaims
15 That Gay People And Transgender People Are
16 Violating Gods Will And Going To Hell
17
45. Mr. Ruiz was never private in his bigotry. He was actually
18
extremely outspoken in his bigotry.
19
46. Mr. Ruiz believed that gay and transgender people were violating
20
Gods will, and would be punished by God by being sent to hell.
21
47. He also informed other employees that Ms. Garcia, specifically, is
22
going to hell for being transgender.
23
48. Far from keeping his bigoted, homophobic and transphobic beliefs
24 to himself in the workplace, Mr. Ruiz openly and publicly shared these views
25 with his subordinates.
26
27
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28
1 49. Some examples of Mr. Ruizs blatantly illegal and discriminatory

2 workplace statements have been recounted by the following current and former
3 employees of Forever 21:
4
Destiny Ortega:
5
6 In my time at Forever 21, I saw the manager Manny constantly

mistreat Anastasia. Manny would often give big religious talks at
7 work about sinners and people going to hell, and it was known to
8 everyone that Manny didnt like Anastasia because she is
transgender. One time Manny told another manager that Anastasia
9 is going to hell for being transgender.
10
11
Confidential Witness # 1:
12
As an employee of Forever 21, I have directly witnessed how
13
Assistant Manager, Manual Ruiz, has treated his employees,
14 including Ms. Garcia. Mr. Ruiz is openly disparaging and
condescending of transgender people, and often goes on long rants
15
in the workplace about his religious views and views of
16 transgender people. Mr. Ruiz is a devout Christian, which I think
is perfectly fine, but what makes me and others so uncomfortable
17
is how he goes on very public religious rants while at work, and
18 says completely inappropriate and judgmental things about gay and
transgender people.
19
20 Mr. Ruiz has told other employees that Ms. Garcia is going to
hell for how she is living, and he has talked to her as if she is not
21
even a person, referring to her as it.
22
23
Brittney Lee:
24
25
I have heard Manny say that gay people are going to hell, and
overheard him say this several times to different employees who he
26 apparently believed shared his views. Everyone knows that Manny
27
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28
1 believes that gay and transgender people are sinners, and he is very
2
vocal about it. It would upset me deeply to hear these sorts of
statements, and to see his blatant discrimination towards Anastasia,
3 but I tried my best to just block it out and do my job.
4
5 Confidential Witness # 2:
6
Assistant Manager, Manual Ruiz, often expresses his religious
7 and personal views about transsexual and gay people while
8 working at Forever 21. He makes it clear that he does not believe
that being transsexual or homosexual is ok, and has said that God
9 would not approve of either. He has also said that God does not
10 save transgender or gay people, and that being transgender or gay
is a disease. Mr. Ruiz has also likened being transsexual or gay to
11 having cancer, except that those with cancer had no choice.
12
All of these statements have made me very uncomfortable. I don't
13 think these sorts of statements are at all appropriate in the
14 workplace, especially a workplace where a majority of the male
employees are gay.
15
16
Elaine Montenegro:
17
18 Mr. Ruiz would also give long religious rants about who is going
to hell and who is going to be saved, and in at least one instance, I
19
specifically recall him saying that transgender people like Ms.
20 Garcia are going to hell. Mr. Ruizs habit of expressing his
religious judgments at work made me very uncomfortable and I
21
found it very inappropriate for a work environment.
22
I remember another time he went on a big rant about
23
homosexuality being unnatural and a violation of Gods will.
24 Again, it was really upsetting to hear such hateful statements at
work, especially from a manager.
25
26
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1 I also remember Mr. Ruiz posting transphobic or homophobic

2
statements on social media at times. Sometimes the employees
would talk about the controversial and hateful things he would
3 post.
4
5 Ernie Gurule:
6
I am a gay man, and when I first started at Forever 21, several
7 different employees warned me that manager Manny Ruiz was
8 homophobic and very outspoken about his personal views. I
hadnt even met Manny yet, but lots of employees gave me the
9 heads up of what to expect from him. About half of the
10 employees who warned me about Mannys homophobia were
themselves straight, and the other half were gay. So Mannys
11 intolerance was widely known among the employees, irrespective
12 of their particular sexual orientation. I remember thinking when I
first heard about this how odd it was that a homophobic man would
13 choose to work in the fashion industry, where there is a high
14 percentage of gay men.
15
Unfortunately, time proved that the warnings were right. Manny
16 was incredibly open about his belief that gays and transgenders
were sinners in the eyes of God. He would regularly go on long
17
religious speeches to the employees. Mannys words made me and
18 so many other employees who I spoke with extraordinarily hurt,
upset, and uncomfortable.
19
20
Alynna Guzman:
21
22 The Manny Ruiz is an exceptionally inappropriate manager. He

constantly makes religious speeches to us employees, and is
23 constantly talking about sinners, heaven and hell. He is extremely
24 outspoken with his religious views. He really forces his religious
views on his employees, and is continually trying to convince us to
25
change our views or ways of living. Virtually every day he goes
26 on a biblical rant of some sort, and this makes me and the rest of
the employees very, very uncomfortable. Whenever I close the
27
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1 store with him, he spends the clean-up time going on a biblical

2
rant. He talks about all the sinners in the world and all the people
who are full of sin, and all the reasons everyone is going to hell,
3 but explains that he has a special relationship with God, so he is
4
going to heaven.
5 He often talks about the Apocalypse and actually took three weeks
6 off of work earlier this year because he said the Apocalypse was
going to happen and he needed to survive it. He said the
7 Apocalypse will kill all of the sinners of the world and they will all
8 go straight to hell. Of course, the Apocalypse did not occur when
Manny said it would, so he returned to work after those three
9 weeks. Manny finds a way to bring religion and sin into almost
10 everything. For example, one time someone was drinking a
Starbucks coffee, and Manny explained that the Starbucks logo is
11 the manifestation of the devil, so the cup represents sin and
12 evildoing. All this religious talk in the workplace makes me
extremely uncomfortable. The other employees all talk about how
13 uncomfortable it makes them too.
14
Manny has a particularly strong dislike of transgender people, like
15 Anastasia. He thinks that transgender (and gay) people are sinners
16 and going to hell.
17
19
Manny Ruiz was outspoken at work about his religious beliefs
20 and was judgmental towards Anastasia for being transgender. He
would say love and marriage should be between a man and a
21
woman only, and he would become extremely uncomfortable
22 whenever he had to interact with Anastasia. He would actively try
to avoid her, and would use other employees to communicate with
23
her on his behalf, if he needed to give her a message. It was clear
24 he wanted nothing to do with her. He would say that Anastasia
being transgender was inconsistent with his religious beliefs.
25
26 One time, Manny and I drove to the bank to make a transaction for
Forever 21, and when we returned to the Forever 21 parking lot,
27
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28
1 Anastasia was visible from a distance near her car. When Manny
2
saw her from a distance, he made a bunch of religious statements
and said that what Anastasia is doing by being transgender is
3 unnatural and morally wrong.
4
Mannys religious and anti-transgender comments felt very
5 inappropriate to me in the workplace. But he was my boss, so I
6 just kept my mouth closed.
8 Adryenne Lopez:
9 Manny Ruiz was highly unprofessional and inappropriate as a

10 manager. I often could not believe the things he said in the
workplace. He would regularly say things like, people who dont
11 follow the bible will go to hell. He would bring religion and
12 sexual orientation up, and give his very judgmental opinions about
it. He would give long speeches to his employees about the world
13 today being so evil and full of sin, and in violation of the word of
14 the bible. It was incredibly uncomfortable and inappropriate.
15
16 Confidential Witnessw # 4:
17
Manny often goes on long religious and political rants in the
18 workplace especially when we were closing the store. He would
talk about sinners and people going to hell, and would talk about
19
himself being saved and going to heaven.
20
One time, a coworker of mine came shuffling over to me and she
21
looked upset and said Ill never believe what Manny just said to
22 her. She said Manny told her that gays and people who commit
abominations will be sent to hell and burnt in hell, and then raped
23
in hell. This coworker was very rattled and upset about Manny
24 saying this, so she came over and vented it all out on me. She said
she was extremely creeped out about him saying this to her. (I
25
have intentionally withheld that coworkers name because she is a
26
27
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28
1 current employee of Forever 21 and I dont want her to suffer

2
retaliation.)
3 Manny has subjected me to many of his religious rants many of

4
which are weird conspiracy theories. One time he went on a rant
where he told me that President Obama may be the antichrist. He
5 told me that the church or bible says that the antichrist would be
6 coming to planet earth on a donkey or as a donkey. And then he
said that the democratic partys mascot is a donkey and that
7 Obama is sinful like the antichrist. So its very possible that
8 President Obama could be the antichrist. I dont remember exactly
what he said because I was so astonished and did not even want to
9 hear his rant. But when Manny goes on his rants, you have to just
10 listen to him because hes our boss, and just hope he stops ranting
soon. I remember this rant being super crazy, so I just said
11 nothing. Thats what I learned to do a long time ago. When
12 Manny goes on his religious or political rants, I just dont say
anything. Because if you disagree with him or point out a hole in
13 his argument, he wants to get in a long debate with you and show
14 you how wrong you are. I dont like having those types of
conversations, so I have learned to just be silent and let Manny say
15 whatever he says and hope he stops.
16
Manny often speaks about the end of civilization, and for a long
17 time would tell me and lots of other employees that when
18 civilization ends, God is going to save him but that all the sinners
would not be saved.
19
20
Eduardo Garfias:
21
22 Once I remember overhearing Manny tell several employees that

Anastasia being transgender is not acceptable in the eyes of the
23
lord. I found this inappropriate in the workplace.
24
At various times in my employment, several employees informed
25
me that the way the managers talked about Anastasia being
26 transgender made them very uncomfortable.
27
-16- COMPLAINT
28
3 Manny was particularly against Anastasia for being transgender,

4 but he was always outspoken and open about being against the
entire LGBT community. He once said that what they do is a sin
5 and ungodly. And that God doesnt accept them, and that
6 theres only one place for them to end up. He was clearly
referring to hell.
7
8 50. The attached employee declarations are only a small snippet of the
9 current and former employees who will testify in this case against Forever 21.
10 A large collection of employees stated that they were too concerned about
11 retaliation to even sign a confidential declaration against Forever 21. These
12 individuals will be deposed in this case, and when deposed, will openly and
13
honestly testify about Mr. Ruizs regular, bigoted statements about transgender
and gay people, and his consistently discriminatory conduct against Ms. Garcia.
14
51. The question of whether Forever 21, through the acts of Mr. Ruiz,
15
discriminated against Ms. Garcia and created a hostile work environment, is
16
simply not in dispute. This is the rare case in litigation where the factual
17
allegations simply cannot be denied by the defendant. In fact, Ms. Garcia
18
intends to file a motion for summary judgment, or for summary adjudication, in
19
this case, on certain of the causes of action.
20
21
22
23
24
25
26
27
-17- COMPLAINT
28
1 Forever 21s Openly Transphobic And Homophobic Manager Treats

2 Ms. Garcia With Overt Inequality And Disdain Due To
3 Her Status As A Transgender Woman
4
52. Mr. Ruizs intensely discriminatory and transphobic conduct was
5
not limited to bigoted speech in the workplace. He also treated Ms. Garcia in a
6
blatantly unequal manner, compared to all of the other employees that he
7
oversaw.
8
53. As outlined by the sworn employee statements below, Mr. Ruiz
9
committed a wide variety of acts against Ms. Garcia that were overtly
10
discriminatory. Simply put, Mr. Ruizs disdain for transgender people led him
11 to treat Ms. Garcia with countless acts of disdain and discrimination.
12
13 Alynna Guzman:
14 Manny has a particularly strong dislike of transgender people,

15 like Anastasia. He thinks that transgender (and gay) people are
sinners and going to hell. I am a cashier at the store and the
16 managers spend a large amount of their time at the cash register
17 because of the financial transactions and manager approvals that
are often required. So I regularly witness how Manny and the
18 other managers interact with the various store employees. It is
19 crystal clear that Manny treats Anastasia unlike any other
employee. You can see the disgust he has for her. He treats her
20
horribly, as if she is not equal to him and others like she is some
21 inferior, weird creature. He barely looks at her and even when she
politely asks for help with things, he looks disgusted and just
22
walks away from her. Without even speaking to her. He does not
23 treat any other employees this way.
24
He often yells at her and intimidates her. For example, if she is
25 walking through another employees section of the store and a
customer asks for help because no other employee is around, she
26
is always very kind and helpful to the employee, but Manny
27
-18- COMPLAINT
28
1 punishes her for this. He will yell at her to go back to your

2
section! and humiliate her in front of the customer, and threaten
to write her up. When all she is doing is trying to help a customer
3 because no one else is available to help. When another employee
4
does something similar, Manny just thanks the employee and tells
the customer that he is going to get an employee who works in
5 this section. Yet with Anastasia, he expresses great anger and
6 intimidation towards her. It is incredibly unfair and unreasonable.
It is also very awkward and uncomfortable to be around.
7
8 Another example of how he treats Anastasia horribly and

differently from any other employee is he refuses to let any other
9 employees help her when she is in need. When we are closing the
10 store and doing clean-up, we all work as a team to clean the store
and get it ready for the next morning. So once an employee
11 finishes her or his section, they start helping other sections finish
12 their cleanup, if those other sections arent done yet. Whenever
Anastasia finishes cleaning up her section, I see her volunteering
13 to help other employees who need help in their sections. But
14 when Anastasias section (which is toward the front of the store
and is a very busy section) needs help and other employees come
15 to help her, Manny actually tells them to stop helping her. He will
16 require the employees not to help her, even if that means having 5
employees standing around doing nothing while Anastasia
17 frantically works by herself. Its rather unbelievable. It is
18 degrading and humiliating to her. And its really uncomfortable
and sad for me to watch.
19
20
Adryenne Lopez:
21
22 Manny was extremely arrogant, rude and condescending to

Anastasia. He treated her like she was a sinner just for being who
23
she is. He treated her worse than every other employee. He was
24 mean to her, and much harsher to her than any of the other
employees. It really upset me to see him treat her this way
25
because I believe everyone deserves to be treated with kindness
26 and love. I believe we should treat others with the love and
respect that we want to receive from them.
27
-19- COMPLAINT
28
2
Ernie Gurule:
3
Manny was extremely demeaning and dehumanizing to
4
Anastasia Garcia. The way he treated her was extremely
5 upsetting to witness. It was actually gross. He often acted as if
she didnt even exist. If she asked him a question, he would just
6
walk away from her in the middle of her sentence. He would
7 often give her these looks of utter disgust before just turning
around and walking away. I was a cashier and often worked the
8
registers with Anastasia, and when she would call Manny on the
9 walkie-talkie to come over to give manager approval or
intervention for a transaction, he would literally not respond to her
10
requests. She would keep making the request over the walkie-
11 talkie (which he always had on him), as the customer would get
12
more and more impatient and frustrated. Manny didnt care about
the customers; he cared about punishing Anastasia. Eventually
13 Anastasia would ask another employee to call Manny on the
14
walkie-talkie and say they needed help at the register, and then
Manny would immediately show up to help. This pattern repeated
15 itself many times. You could see Anastasia tear up and get
16 emotional, which was really hard to watch.
17
19 Manny treated Anastasia worse than any other employee, and I

20 definitely believe it was because she was transgender. She was a
wonderful employee and coworker, was always extremely
21 respectful and friendly to coworkers and customers, and had a
22 great work ethic. Yet Manny stayed as far away from her as
possible and treated her like she was a terrible person.
23
24 I remember being shocked when she was pulled off the register as
a cashier. She was one of the best cashiers we had, and she was
25
super efficient and fast with transactions, and super friendly and
26 great with customers. I personally believe that if she werent
transgender, she would not have been pulled from that more
27
-20- COMPLAINT
28
1 prestigious position. (She was promoted to cashier before Manny

2
and Beau were in charge of the store.) Yet she handled it with
grace and professionalism, and continued to be a quality worker
3 with excellent customer service. I was impressed by that.
4
5 Elaine Montenegro:
6
Mr. Ruiz also treated Ms. Garcia differently than every other
7 employee. He would be icy cold to her, and often ignore her for
8 hours on end. It was obvious to anyone watching, and it was
super awkward to be around. He would also refuse to provide her
9 with help and guidance that a manager typically provides to
10 employees. For example, if I had a question about something, I
would ask Mr. Ruiz and he would give me a thoughtful answer.
11 This was the case for the other employees too. But when Ms.
12 Garcia would ask him a question, he would give some harsh or
cold response, and sometimes completely ignore her and walk
13 away. I found it incredibly unprofessional for Mr. Ruiz to treat
14 Ms. Garcia this way. Ms. Garcia was a wonderful employee she
would go out of her way to help customers and to assist us
15
coworkers, and she was always super positive and kind to
16 everyone. When new employees would join the store, she would
go out of her way to make them feel very welcomed, and she
17
would train them and answer all of their questions. She was also
18 great at putting together outfits for customers. If she was not
transgender, Mr. Ruiz would have loved her because she was a
19
fantastic employee. But he just couldnt get over the transgender
20 thing. He couldnt stand her because she was transgender.
21
Even with how terribly Mr. Ruiz treated her, Ms. Garcia never
22 snapped back and always treated him with respect and deference.
She was never rude to him. That always surprised and impressed
23
me how she maintained that professionalism.
24
It always upset me that Forever 21 allowed one of its managers to
25
act so bigoted. Forever 21 claims to be LGBT friendly, but it
26 certainly is not friendly to transgender employees.
27
-21- COMPLAINT
28
3 In my approximately two years at Forever 21, I witnessed how

4 Anastasia was treated for being transgender and it made me sad. I
personally like Manny a lot. We had a very positive relationship
5 and we always got along very well. He was always very nice to
6 me, and treated me with respect and kindness. That being said, I
still must speak the truth of the things I saw regarding Anastasia.
7
8 Manny would also refuse to acknowledge Anastasias presence as

a human being. He only spoke to her if he absolutely had to,
9 otherwise he would just ignore her existence. Manny did not
10 approve of her gender status so he treated her differently than he
treated the other employees.
11
12 I was very disappointed by the transphobic and discriminatory

treatment that Anastasia received in her time at Forever 21
13 because Forever 21 is supposed to be a company that promotes
14 diversity and equality. Yet these issues were very present.
15
16 Larissa Velasquez:
17
I recall that the manager Manny Ruiz badly mistreated Anastasia.
18 He made it clear that he was doing this because of his personal
and religious views about transgender people. He was against her
19
for who she was, and he made this clear in his actions towards
20 her. He acted as if he was disgusted by her very existence.
21
Manny and the management treated her spitefully because of who
22 she is, and gave her undesirable tasks and projects that nobody
wanted. Even though Anastasia did excellent work and was
23
known as a phenomenal employee and coworker, Manny and the
24 management refused to acknowledge her merit and quality work,
and instead treated her with disdain because she was transgender.
25
They never acknowledged her good work or expressed
26 appreciation for her, no matter how good of a job she did. If
27
-22- COMPLAINT
28
1 Anastasia werent transgender, they would have celebrated her

2
and promoted her. But because she is transgender, they treated
her with despise. It was obvious, and very sad to watch.
3
4
I believe that she wasnt at all seriously considered for the
manager position that opened because she was transgender. She
5 was incredibly qualified for the position, and all of the employees
6 knew this. But because she is transgender, the management kept
passing her over. They gave manager positions to other
7 employees who were not transgender.
8
I have never worked at a place like Forever 21 the stuff I
9 witnessed was truly shocking. I feel badly for Anastasia because
10 she suffered extreme mistreatment at Forever 21 for being
transgender that would never have been tolerated at any other
11 work environment.
12
13
14
Apart from treating Anastasia as if she was a man, Manny also
15
treated her very rudely and coldly as if he was disgusted by her.
16 He treated her differently than all the other employees, as if he
just couldnt stand her for who she was. 8.
17
18 I also recall Beau having no kindness or respect for Anastasia, and

treated her very, very rudely. Additionally, I recall Beau
19
removing her as a cashier relatively soon after he became the store
20 manager. He told her she could either go to the floor or quit.
21
23
Mr. Ruiz consistently treats Ms. Garcia differently than he treats
24 the other employees. He is extremely cold and passive aggressive
towards her, and treats her with obvious disdain. Sometimes he
25
will go on long stretches where he completely ignores her
26 existence, as if she is not even a person. It is actually
27
-23- COMPLAINT
28
1 uncomfortable and awkward to watch and to be around. I have

2
also seen Mr. Ruiz make schedule changes in ways that
specifically disadvantage Ms. Garcia. It is almost as if he goes
3 out of his way to punish her and be mean to her for who she is.
4
Ms. Garcia is an extremely warm and friendly person, has a great
5 work ethic, does very high quality work, and the customers love
6 her. Despite all of this, Mr. Ruiz treats her terribly. I have never
once heard Mr. Ruiz criticize the quality of Ms. Garcias work.
7 The only thing he criticizes is her being transgender. He simply
8 does not like it, and he makes this very well known.
9 Mr. Ruiz spends so much time and energy talking about Ms.
10 Garcia and treating her differently, it is as if he is obsessed with
her and her transgender status. I find it very odd. And as I said, I
11 find his statements and actions incredibly inappropriate in the
12 work place.
13
14 Destiny Ortega:
15
Manny would . . . openly yell at her in front of customers and
16 other employees. He didn't treat any other employees like this. It
was incredibly uncomfortable to be around and extremely unfair
17
to treat Anastasia differently just because of who she is. But
18 Manny didn't care, and believed he had a right to treat her
however he wanted because he doesn't approve of her being
19
transgender.
20
21
22
Manny Ruiz was outspoken at work about his religious beliefs
23
and was judgmental towards Anastasia for being transgender. He
24 would say love and marriage should be between a man and a
woman only, and he would become extremely uncomfortable
25
whenever he had to interact with Anastasia. He would actively try
26 to avoid her, and would use other employees to communicate with
27
-24- COMPLAINT
28
1 her on his behalf, if he needed to give her a message. It was clear

2
he wanted nothing to do with her. He would say that Anastasia
being transgender was inconsistent with his religious beliefs.
3
4
Brittney Lee:
5
6 Manny treated Anastasia horrifically. In an incredibly

unprofessional and disparaging way as if he was disgusted by
7 her. He was extremely derogatory to her, and would loudly yell at
8 her in front of other employees. He would also refer to her as he
and him and disrespect her in various other ways.
9
10 Anastasia is a tender and sensitive person, and I would see her

tear up, and get emotional as a result of Mannys treatment.
11 When she couldnt contain her emotion, I would also see her
12 shuffle off to the bathroom and cry. I so often felt bad for her for
how she was treated and how much pain she was in.
13
14
Confidential Wintess # 7:
15
16 Manny would treat Anastasia differently than any other

employee in whether he would approve her requested days off.
17
Whenever Anastasia would ask for a day off, even if the request
18 was made extremely far in advance, Manny would reject the
request or heavily resist it and make a big issue out of it. When
19
any other employee would make a similar request, even with far
20 less notice than was given by Anastasia, Manny would quickly
approve it as if it were no big deal.
21
22 It was clear to me that Manny was isolating Anastasia and treating

her differently than the other employees because of her
23
transgender status.
24
25
Eduardo Garfias:
26
27
-25- COMPLAINT
28
1 I dont believe the Forever 21 managers treated Anastasia Garcia

2
equally to the way they treated the other employees. I remember
the managers would make fun of Anastasia behind her back for
3 being transgender, and I remember the managers, including
4
Manny Ruiz, would refer to her as him or he even though she
was a transgender woman who was fully dressed as a woman and
5 living as a woman by the name of Anastasia.
6
7 Stacy Lares:
8
I had a positive relationship with Manny Ruiz. He was always
9 very friendly and positive with me. This is how he tended to treat
10 all of his employees friendly and nice. However, he treated
Anastasia very differently. He would actively avoid her and when
11 he did interact with her, he was cold and harsh towards her.
12
For example, if Anastasia was working on the cash register and
13 asked for manager approval on a particular transaction, he would
14 react with a frustrated line like hold on! and then he would walk
away and force her to figure it out on her own. He was not this
15
way with the other employees. With the others, he would be very
16 helpful and gracious. But with Anastasia, it was different. I
believe it was because she was transgender and this didnt align
17
with his personal beliefs.
18
19 54. Apart from the dehumanizing and emotionally abusive treatment
20 that Ms. Garcia received for nearly 2.5 years from Mr. Ruiz, she also was the
21
victim of several different adverse employment consequences during that time-
frame, due to the discriminatory actions of Mr. Ruiz (and with Mr. Voss
22
acquiescence and support):
23
24
Ms. Garcia was demoted from her role as cashier and
25 returned to the floor as a standard employee;
26
27
-26- COMPLAINT
28
1 Ms. Garcias hourly pay was reduced from $10.50 to

2 $10.00;
3 Ms. Garcias hours were significantly cut in 2015 compared

4 to the final year before Mr. Ruiz and Mr. Voss took over
(with an approximately 20% reduction in hours), which
5 difference dropped her below the 1,250 hours necessary to
6 qualify for FMLA benefits;
7
Ms. Garcia was consistently passed over for promotions
8 (and, in fact, never even considered for one) despite her
extraordinary work and talents;
9
10 Ms. Garcia was denied a year-end review for calendar year

2015 (conducted in January 2016) which is the time in
11
which managers offer raises to the employees based on
12 their annual performance (Mr. Voss and Mr. Ruiz literally
just skipped her review, and acted as if she was not an
13
employee, despite giving a year-end review to every other
14 employee); and
15
Ms. Garcia was ultimately constructively discharged.
16
17
55. Simply put, Ms. Garcia suffered a litany of adverse employment
18 consequences as a result of Forever 21s discriminatory and illegal conduct.
19
20
21
22
23
24
25
26
27
-27- COMPLAINT
28
1 Ms. Garcias Manager Refuses To Honor Her

2 Transgender Identity And Instead Blatantly Discriminates
3 Against Her By Deliberately Referring To Her As Him
4
And As A Man For Nearly 2.5 Years
5
56. Research shows that refusing to honor a transgender persons
6
gender identity is deeply hurtful and traumatizing to them, and constitutes a
7
fundamental denial of their very identity.
8
57. Referring to a transgender woman, like Ms. Garcia, as he or
9
him is one of the most damaging forms of discrimination that can be
10
committed. This is why countless LGBT civil rights organizations (such as the
11 Center for Transgender Equality, Human Rights Campaign, GLAAD,
12 LAMBDA Legal, Family Equality Council, Equality California, and many
13 others) have all emphasized the critical importance of referring to transgender
14 people with the pronoun of their choosing. It is why these organizations have
15 further emphasized the extreme mental distress that results when transgender
16 people are referred by the wrong gender pronoun because it feels like a denial
17 of their very identity.

58. It is also why cities such as New York are now issuing fines to
18
employers of up to $250,000 for intentionally referring to transgender
19
employees by the wrong gender pronoun. This is not an issue of semantics; it is
20
an issue of equality.
21
59. According to transgender civil rights experts, intentionally using
22
the wrong pronoun in referring to a transgender person is akin to using a racial
23
or ethnic slur to a member of a racial or ethnic minority group. It is the
24 speakers way of expressing disdain and rejection to the transgender individual.
25 It is the paradigm of transgender discrimination.
26
27
-28- COMPLAINT
28
1 60. Unsurprisingly, Mr. Ruiz constantly engaged in this particular

2 form of discrimination against Ms. Garcia.
3 61. Despite the fact that Ms. Garcia presented as a woman, went by the
4
name Anastasia, asked to be called Anastasia, and was referred to as she and
her by her colleagues, friends, and family, Mr. Ruiz refused to honor Ms.
5
Garcias transgender identity.
6
62. Instead, he would deliberately refer to Ms. Garcia as him or he
7
in her presence and in front of customers and coworkers, in order to torment her
8
and express his disdain for her transgender identity.
9
10 Elaine Montenegro:
11
One thing that very much sticks with me to this day is the way
12 that Assistant Manager, Manual Ruiz, treated Anastasia Garcia.
13
He really judged and mistreated her for being transgender, and
made all types of inappropriate statements that would make her
14 and all of us uncomfortable.
15
For example, Mr. Ruiz would always refer to Ms. Garcia in front
16 of customers as he or him, even though she was presenting and
17 living her life as a woman, not a man. He just didnt like it, so he
judged her for it. So when a customer would ask for help, Mr.
18 Ruiz would point to Ms. Garcia and say, he will help you out.
19 Or he would say, go ask him for help, and hell take care of you.
This was incredibly shocking and odd, considering that she was a
20 transgender woman, and that we all treated her as a woman and
21 obviously used feminine pronouns regarding her. Mr. Ruiz
seemed to take pride in intentionally calling her him and he
22 when he knew she went by her and she. He would often say it
23 when Ms. Garcia was just a few feet away, so she would easily
hear it.
24
25 Ms. Garcia would often get visibly emotional right after Mr. Ruiz
would refer to her with male terminology. I often saw Ms. Garcia
26
27
-29- COMPLAINT
28
1 tearing up at work, and in several instances, saw her crying in the

2
back.
4 Alynna Guzman:
5 Manny also constantly refers to Anastasia as him and he.

6 Despite the fact that her name is Anastasia, that she lives her life
as a woman, and that she is supposed to be referred to as her and
7 she. Manny does not care, because he does not support who she
8 is.
9
10
11 Manny Ruiz was very disrespectful to Anastasia about her being

12
transgender. He would refer to her as he and him even though
nobody else would. And if Manny did the scheduling, he would
13 never change the name from the auto print-out from Mark to
14
Anastasia. Other managers would cross out or white out Mark
and then replace it with Anastasia. But Manny never did when
15 he released the schedule. He would also verbally refer to her as
16 Mark in front of the other employees, almost to parade in her
face that he considered her a man. This was incredibly
17 inappropriate, and I could see how much pain it caused Anastasia
18 when he would do this.
19 Manny would also refer to Anastasia as he or him in private

20 conversations. For example, in several instances, Manny would
say something to me like, can you have him do this? And I
21 would say, you mean her? And he would respond with
22 something like, no, hes still a man. I would say, but she
identifies as a woman. And he would carry on referring to her as
23 a man.
24
25
Ernie Gurule:
26
27
-30- COMPLAINT
28
1 It was also extremely upsetting to watch Manny always refer to

2
Anastasia as he and him in front of customers. It was obvious
he was doing it just to hurt her and punish her for who she is.
3 And it worked, because you could see the pain Anastasia was in
4
by just looking at her. She would often look choked up or look
like she was trying her best to hold back tears. She would often
5 tear up or her face would get red or flushed. I felt so sad for her
6 and helpless that I couldnt do anything. During our Fives (the
five minute meetings the manager and employees would have
7 before starting a shift), Manny would do a roll-call to start and
8 would often refer to Anastasia by her former male name, Mark.
We employees would look at Anastasia and she would just look
9 so dejected and depressed, but wouldnt say anything. Manny
10 would continue doing this with a bizarre glee as if he really
enjoyed referring to her as Mark and him. It was extremely
11 uncomfortable and upsetting to watch.
12
In one instance in which Manny went out of his way to refer to
13 Anastasia as he to a customer, in approximately August or
14 September of 2015, Anastasia started to break into tears and ran
off to the bathroom, where she remained sobbing for a long
15 while.
16
17
Destiny Ortega:
18
Manny would intentionally call her him and he in front of
19
customers to hurt her feelings and make a statement to her, and he
20 would openly yell at her in front of customers and other
employees. He didnt treat any other employees like this. It was
21
incredibly uncomfortable to be around and extremely unfair to
22 treat Anastasia differently just because of who she is. But Manny
didnt care, and believed he had a right to treat her however he
23
wanted because he doesnt approve of her being transgender.
24
25
26
27
-31- COMPLAINT
28
1 In front of customers and other employees, Mr. Ruiz has

2
referenced Ms. Garcia as he or him despite the fact that she
is clearly and openly living as a woman. For example, a customer
3 may ask for assistance, and Mr. Ruiz would respond, within
4
earshot of Ms. Garcia, he will help you (referring to Ms.
Garcia). It is clear that Mr. Ruiz does not approve of Ms. Garcia
5 being transgender, so he refuses to acknowledge her as a woman.
6
It is obvious how much pain and sadness this causes Ms. Garcia.
7 She gets really quiet and red in the face, and just looks deeply
8 upset, sad, and emotional. Mr. Ruiz does not seem to care. Yet
Ms. Garcia does not react, and does not become unprofessional in
9 any way.
10
12
Regarding Ms. Garcia, I have heard Mr. Ruiz refer to her as he
13 and him, which appears to be his way of objecting to her status
14 as a transgender woman. Mr. Ruiz seems to treat Ms. Garcia with
particular disdain. I know that Ms. Garcia has filed complaints
15
and called HR to report his discriminatory conduct, but no real
16 changes have been made.
17
Ms. Garcia is a wonderful employee. All the associates love her,
18 as do the customers. She is one of the stores go-to associates.
She has a great attitude, a great work ethic, and is a joy to work
19
with. It is obvious that Mr. Ruizs harsh treatment of Ms. Garcia
20 is because she is transgender.
21
23
I witnessed instances in which Manny referred to her as he and
24 him in front of customers, despite the fact that she was living as
a woman and going by the name Anastasia.
25
26
27
-32- COMPLAINT
28
2
Manny would constantly refer to Anastasia as him or he in
3 front of customers and other employees. Manny was not at all
4 discreet in constantly treating Anastasia as if she were a man.
You could see how upset Anastasia would get, but you could also
5 see her trying to hold it in because she didnt want to cause
6 discomfort for customers or create issues at work. Anastasia was
always highly professional and courteous. Despite seeing
7 Anastasia getting visibly upset, Manny would never stop or
8 change his conduct. It was hard to watch.
9 I witnessed Anastasia get visibly upset several times, and I

10 witnessed her trying to hold it all in and stay strong. Many times
that Manny referred to her as he or him in front of customers, I
11 could see it jolt her, but I would see her cover up her emotions so
12 the customers experience was not negatively affected. But since
I had worked with her for a while, I could notice things about her
13 reactions each time that the average customer could not see. But
14 on several different occasions, Anastasia couldnt hold it in and
became visibly upset. Anastasia is a very strong person,
15
otherwise she would have been crushed by Manny and his
16 treatment long ago. But a person can only handle so much pain
before it eventually breaks them down.
17
18 On a few different occasions, since I had a positive relationship

with Manny, I would privately tell him when he referenced
19
Anastasia as a he that its not he, its she. He would kind of nod,
20 but then not change his behavior. I decided that I did what I could
to ensure that Manny heard this, but after trying to change his
21
behavior a few times, I realized that continuing to bring it up with
22 him would be a dead-end street.
23
24 Eduardo Garfias:
25
I dont believe the Forever 21 managers treated Anastasia Garcia
26 (Anastasia) equally to the way they treated the other employees.
27
-33- COMPLAINT
28
1 I remember the managers would make fun of Anastasia behind her

2
back for being transgender, and I remember the managers,
including Manny Ruiz (Manny), would refer to her as him or
3 he even though she was a transgender woman who was fully
4
dressed as a woman and living as a woman by the name of
Anastasia.
5
6
7
8 I remember when I started at Forever 21, I first heard Manny

refer to Anastasia as him. I was super confused because I
9 looked at who he was pointing to and it was a woman. (I later
10 found out she was transgender but didnt even realize it until she
told me.) After working there for a while, I saw that it was very
11 normal for Manny to constantly refer to her as him or he when
12 speaking to employees or customers. I always found this to be
very inappropriate and very hurtful, and I remember customers
13 being confused and alarmed by it as well.
14
One time, in about late 2015, Manny referred to Anastasia as he
15
when speaking to a female customer. I saw the customer speak to
16 Anastasia on the side, and the woman came back and got very
upset at Manny and told him he shouldnt say that and that its not
17
right. Manny basically said ok, I apologize. But he made no
18 changes whatsoever in his conduct going forward. Once that
customer was gone, he continued to refer to her as he and him
19
going forward.
20
21
63. As revealed in the above declarations, Mr. Ruizs discriminatory
22
treatment of Ms. Garcia was at times conducted in front of customers. In one
23
instance, a customer (named Dahlia Lechon) witnessed Mr. Ruizs mistreatment
24
of Ms. Garcia, and then pulled her aside after the incident. What follows is Ms.
25
Lechons summary of the incident that she witnessed.
26
27
-34- COMPLAINT
28
1 Customer Dahlia Lechon:

2
On February 22, 2016, I was shopping at Forever 21 Montebello
3 and had picked out a few items to try on in the fitting room. I was
in line at the fitting room and one woman was in front of me.
4
When she was taken care of, I stepped up. The male employee
5 looked at me and said, he will help you. And he simultaneously
pointed at Anastasia Garcia (whose name I did not know at the
6
time). I was quite confused because he definitely said he, yet
7 there was no man there. Ms. Garcia then approached me and
helped me, and I noticed that her eyes began welling with tears,
8
and she looked very emotional, but appeared to be trying to hold
9 back her emotion.
10
As she was assisting me, and after the male employee had vacated
11 the area, I asked her if she was ok and asked what that was all
12
about. I wondered why the male employee had referred to her as
he. She got even more emotional at this point, and eventually
13 shared with me that she is a transgender woman. She said that the
14
male employee who referred to her as he is her manager, and she
mentioned his name as Manny. She said that he does not approve
15 of her transgender status, and that he goes out of his way to refer
16 to her as he and him and do other things that hurt her feelings.
I was not surprised that this man was a manager because he had
17 been telling various employees what to do, and issuing directives.
18 He was running the show and had the feel of a manager.
19 I felt very badly for Ms. Garcia. She was very upset and as she
20 shared this information with me, tears started to flow down her
cheek. I was personally offended by the fact that a manager at
21 Forever 21 was referring to his employee as a he when she
22 clearly was living her life as a woman. Watching her experience
so much pain and emotion made me upset, as well. I told her that
23 this was unacceptable, and I asked her if she had reported him.
24 She explained that she had tried several times, but her reports just
get ignored and that nothing changes. I told her I would like to
25 give her my phone number, and that she should feel free to contact
26 me if she needed anything.
27
-35- COMPLAINT
28
2 64. The incident that Ms. Lechon experienced would be corroborated
3 by countless Forever 21 customers, if they were asked. Another Forever 21
4
customer, whose first name is Lizette (her last name is omitted because she did
not want to submit a declaration) witnessed a nearly identical incident on a
5
completely different day. After witnessing Mr. Ruizs mistreatment of Ms.
6
Garcia, and then speaking to her about it after Mr. Ruiz left the area and Ms.
7
Garcia was tearing up but trying to hold back her pain, Lizette took the
8
additional step of confronting Mr. Ruiz about it. She assertively told him that
9
he has no right to treat her that way, and that he better stop. Mr. Ruiz offered
10
his ok in response to Lizettes demand. Of course, when this customer left
11 the store, Mr. Ruiz continued to refer to Ms. Garcia as he and him, and
12 continued his other discriminatory actions. Counsel has Lizettes contact
13 information, and will be calling her as a witness in this case.
14 65. Although Lizette and Ms. Lechon were unique customers in that
15 they proactively offered Ms. Garcia their contact information after witnessing
16 Mr. Ruizs actions, they were not unique in witnessing Mr. Ruizs
17 discriminatory conduct.
18
19
The Store Manager, Mr. Voss, Knows Of Mr. Ruizs Blatant
20
Acts Of Discrimination, Yet Intentionally Allows The Discrimination
21
To Continue Without Any Ramifications or Corrections
22
23
66. Mr. Ruizs intense discrimination towards Ms. Garcia was widely
24 known and commonly accepted by the employees of Forever 21 Montebello. It
25 was also widely known and commonly accepted by the Store Manager, Mr.
26 Voss.
27
-36- COMPLAINT
28
1 67. On at least three separate occasions, Ms. Garcia brought the issue
2 up to Mr. Voss. Rather than taking corrective action or writing up Mr. Ruiz,
3 Mr. Voss vaguely and dismissively responded that he would talk to him or
4
take care of it. Of course, Mr. Voss did nothing at all, and Mr. Ruizs
rampant workplace discrimination continued unfettered.
5
68. As is revealed by a plethora of employee declarations, Mr. Voss
6
knew of the discrimination, yet intentionally decided not to stop it. Mr. Voss
7
did not write up Mr. Ruiz or sanction him in any way. Instead, he allowed Mr.
8
Ruiz to commit his discrimination with complete immunity.
9
69. Mr. Voss not only ignored complaints of discrimination and other
10
violations of his employees legal rights, but he actively punished employees if
11 they brought attention to these injustices and legal violations. It was known
12 within the store (and is still known today) that if you complain about a legal
13 violation occurring within the store, Mr. Voss will retaliate against you by
14 cutting your hours, assigning you to undesirable shifts, projects, or sections of
15 the store, or taking other actions that will powerfully deter you from speaking
16 the truth. This is the intimidating and retaliatory work environment at Forever
17 21.
70. In the words of the Forever 21 employees:
18
19
Adryenne Lopez:
20
This extreme unprofessionalism [towards Ms. Garcia] actually
21
came from the top of the store. The store manager, Beau, was
22 highly unprofessional. He ran the store through gossiping,
intimidation and suppression. For example, he made sure that the
23
employees didnt raise concerns or issues, as he would punish
24 them for doing so. The employees all knew that if you raised a
25
complaint, Beau would punish you, such as by cutting your hours
or making you work in an undesirable section (like the mens
26 section, which is far more challenging than most of the other
27
-37- COMPLAINT
28
1 sections). This is why Manny could openly discriminate against

2
Anastasia because no matter how badly he treated her, Beau
would not hold Manny accountable in any way. So everyone,
3 including Anastasia, had to just remain silent about Mannys
4
deplorable conduct, otherwise things would get much worse for
them.
5
6
7
8 The store manager Beau was well-aware of how Manny treated

Anastasia because of her transgender status. But Beau never did
9 anything to stop it, so Mannys treatment of Anastasia never
10 changed. Even though Beau was the store manager, he created an
environment where employees would be punished if they spoke
11 out about things they saw or complained about an issue of
12 unfairness within the store. If an employee complained about an
issue of unfairness, they would have their hours cut or placed in
13 less desirable areas of the store. Or they would be given hours
14 that were less desirable and other subtle punishment tactics would
be employed. Everyone knew that if you filed a complaint or
15
spoke up about an issue of unfairness like Mannys mistreatment
16 of Anastasia, they would be punished. Thats the way Beau did
things to silence his employees.
17
18
Larissa Velasquez:
19
20 The store manager Beau created this unfair and discriminatory

work environment. I will never forget something Manny once said
21
to me: I love working here because its like high school all over
22 again. This was exactly the problem with Forever 21 Manny
(and other managers) could treat Anastasia and the other
23
employees however they wanted, as if they were in high school.
24 And they would never be punished or corrected for doing so. It
was a completely inappropriate work environment, and I knew I
25
had to leave to find a healthier and more professional work
26 environment.
27
-38- COMPLAINT
28
2
3
4 This is not just a Manny problem, but a corporate problem at

Forever 21. The store manager Beau never did anything to stop
5 Manny from going on any of his wild religious rants, political
6 rants, or homophobic rants. Beau knows that Manny does this
stuff everyone knows! But Beau always just lets him do it and
7 continue it. I know Anastasia specifically complained to Beau
8 about how Manny refers to her as if shes a man, and Beau of
course did nothing about it. He just ignored her. Beau knows
9 everything but does nothing to protect the employees from
10 Mannys rants and toxic behavior. All of us employees know that
Beau just wants to make his management team look better, so that
11 it reflects positively on him. If there are no issues with his
12 managers, then it makes his own leadership look better. So Beau
covers up all issues, and allowed Anastasia to be treated
13 horrifically by Manny.
14
15
Ernie Gurule:
16
In one instance in which Manny went out of his way to refer to
17
Anastasia as he to a customer, in approximately August or
18 September of 2015, Anastasia started to break into tears and ran
off to the bathroom, where she remained sobbing for a long while.
19
I decided that I had to do something formal about Mannys
20 horrific treatment of Anastasia, and also about his homophobic
actions in the workplace. The store manager Beau was not
21
working that day, but the very next day I worked with Beau, I
22 pulled him aside and informed him that I wanted to write a
Witness Statement about Manny. Witness Statements are forms
23
that the managers have access to and the ability to provide to
24 employees to fill out. Beau is a gay man and I confided in him
that Mannys transphobic conduct towards Anastasia (and
25
homophobic conduct towards me and the other gay employees)
26 was extremely hurtful and that I believed a written Witness
27
-39- COMPLAINT
28
1 Statement was needed. While I know that several employees

2
(including straight employees) had verbally complained to Beau
about these issues, I wanted to make sure there was formal
3 documentation of Mannys conduct. Beau listened to me and then
4
told me that theres no need to do a written statement, and that
he would take care of it. I tried to respectfully change his mind,
5 and said that I really think a written statement is necessary, rather
6 than Beau just talking to him. Beau again repeated that there is no
need for a written statement and said lets move on. So I dropped
7 it. After my conversation with Beau, nothing changed about
8 Mannys conduct. Not a single thing. I doubt that Beau even
spoke to him about it, but if he did, Manny completely ignored it
9 and continued his identical conduct.
10
My conversation with Beau was extremely disheartening because
11 he really proved to not care about Mannys mean and highly
12 inappropriate conduct. I was also personally disappointed to see
another gay man have so little regard for the blatant transphobic
13 and homophobic discrimination that was occurring in his store
14 and under his watch. Beaus refusal to let me file a written
complaint was consistent with his style of not putting anything
15 negative in writing. . . . Beau silenced controversies, and just
16 ignored them. Beau was good friends with the district manager at
the time, and perhaps was informed that the less documentation
17 there is, the more likely promotion is to occur. Im really not
18 sure, but what I am sure about is that Beau prevented me from
documenting my complaints against Manny, that he prevented
19
other employees from documenting their same complaints against
20 Manny, and that he just allowed Manny to continue his
discriminatory and hurtful conduct. Manny was obviously polite
21
and respectful to Beau even though he is gay because Beau was
22 his boss. But with the exception of Beau, Manny was highly
disrespectful and demeaning to the other gay employees, and was
23
outright dehumanizing to Anastasia. Mannys conduct was
24 brought to Beaus attention many times by many employees, but
he decided to do nothing about it. That was very sad and very
25
unfortunate.
26
27
-40- COMPLAINT
28
1 Destiny Ortega:
2
All of the employees and managers, including the store Manager
3 Beau, knew about Mannys mistreatment and discrimination
4 towards Anastasia. It was commonly known to anyone who
worked there. Although it was Beaus responsibility to end this
5 sort of unfair treatment, he didnt care. Beaus policy was to hide
6 any disputes or issues so that it appeared that his store was a well
functioning store. So rather than trying to resolve a serious issue
7 like Mannys constant discrimination against Anastasia, he would
8 pretend it was not happening and would let Manny keep doing it.
It could have been stopped very easily if Beau either fired Manny
9 or at the very least wrote him up for discrimination and saying if it
10 ever happened again, he would be fired. But Beau refused to do
any of this, and just allowed the discrimination to continue
11 without interruption. It was horrific.
12
Beaus style of intentionally not resolving serious acts of
13 discrimination didnt just involve Anastasia. It also involved
14 blatant homophia and gay discrimination in the workplace. In one
instance, an employee called a gay employee a faggot, and when
15
Beau was informed of this, he did not even write the offending
16 employee up! He literally did nothing. This was extra odd
because Beau is gay. But it was known that Beau cared a lot more
17
about making it look like he ran the perfect store than he cared
18 even about discrimination against his own gay community. So he
didnt write people up or create paperwork that would show that
19
serious problems existed in his store. If employees complained
20 about the unfairness or corruption, those employees would be
punished by having their hours reduced or given undesirable
21
shifts. So most of the employees would just remain silent. Beau
22 just allowed an incredibly discriminatory and hostile work
environment to exist, as if it it were no big deal. Several gay
23
employees have quit because they couldnt stand working at a
24 place where the head boss allowed homophobia and gay
discrimination to constantly occur. With no consequences or
25
ramifications. Beau just wanted to improve his personal prospects
26 and make his money. It was like the Wild Wild West in the
store.
27
-41- COMPLAINT
28
2
Alynna Guzman:
3
4 Despite the fact that all the employees and managers know how
Manny is and how unequally he treats Anastasia, the store
5 manager Beau does nothing about it. . . .Beau doesnt care how
6 much discrimination or unfairness Anastasia faces from Manny,
and he doesnt care how many inappropriate religious rants
7 Manny goes on to the employees, and he doesnt care how hostile
8 the work environment is for his employees. What he cares about
is creating the illusion that he is running the perfect store, so that
9 corporate promotes him to the next level. He doesnt allow
10 anything to go above him.
11 So despite the fact that Beau obviously knows all of this is

12 happening and has been happening for the entire year I have
been here (and Im sure before I got here) he does nothing to
13 stop it. . . . He just allows Manny to keep creating a discriminatory
14 and hostile work environment. Because Manny has no
ramifications for his actions, he just keeps continuing the same
15
inappropriate and discriminatory actions. So Beau is a huge part
16 of the problem. You would think a store manager would care
about how his employees are treated by the other managers, but
17
Beau does not.
18
19 Brittney Lee:
20
Manny was allowed to commit his bigoted actions for the entire
21 1.5 years that I was at Forever 21 (and Im sure before and after
22 my time there) because the store manager, Beau, did absolutely
nothing to correct it. Beau knew that Manny mistreated Anastasia
23 because she was transgender and he continually chose to do
24 nothing about it. Everyone knew how Beau ran the store: if you
complained about unfair things, you would get retaliated against.
25
Beau wanted no complaints and just wanted his store to appear as
26 if it was running smoothly due to his leadership. The reality is
that Beau ran an incredibly toxic, hostile and discriminatory store
27
-42- COMPLAINT
28
1 because he refused to prevent or punish discrimination and other

2
acts of unfairness. If any employee complained about things,
Beau would ensure that the person who spoke out was retaliated
3 against by having their hours reduced, or getting bad shifts that
4
nobody wanted. Beau never held Manny accountable for his
homophobic and transphobic actions towards Anastasia and
5 others. As a result of Beaus management style, Manny just
6 continued his discriminatory actions against Anastasia over and
over and over again. It was very offensive and very difficult to
7 witness.
8
9 71. Thus, despite being acutely aware of the severe discrimination Ms.
10 Garcia was experiencing, Mr. Voss took no corrective action, and allowed the
11 discrimination to continue to run rampant.1
12 72. As a result, Ms. Garcias work environment became a cesspool of

discrimination and dehumanization, which she endured for nearly 2.5 years.
13
14
15
Ms. Garcia Begins To Experience Serious Mental Health Problems
16
As A Result Of The Intense Discrimination And Bigotry She Endured, And
17
Is Diagnosed With Major Depressive Disorder,
18
Anxiety Disorder, And Panic Disorder
19
20
21
22 1
Not only was Mr. Ruiz not admonished or punished for his discrimination, but he
was actually rewarded for it. In approximately July 2016, Mr. Ruiz was hired away
23
from Forever 21 by another company for a position that he described to his employees
24 as an even better opportunity. Thus, not only was Mr. Ruiz not punished for his
vicious discrimination, but he was rewarded with career ascension. Forever 21s
25 ratification and enabling of Mr. Ruizs discrimination has not only caused great
suffering to Ms. Garcia, but has now put Mr. Ruiz into a position of leadership at
26 another company where his bigotry and discrimination will cause suffering to other
innocent and decent employees.
27
-43- COMPLAINT
28
1 73. As a direct and proximate result of the vicious and sustained

2 discrimination she received from Forever 21 over time, Ms. Garcia began for
3 the first time in her life experiencing depression, anxiety, and panic attacks.
4
74. Over the course of her approximately 2.5 years of receiving Mr.
Ruizs emotional abuse, Ms. Garcias sadness, self-doubt, and anxiousness
5
slowly increased over time. She became more and more insecure, and her
6
nervousness and self-doubt incrementally crept up.
7
75. This process continued over time, until she eventually hit her
8
breaking point, and plummeted into a deep state of depression and anxiety.
9
76. Although Ms. Garcia had no history of depression, anxiety, or
10
panic attacks in her entire life, Forever 21s vicious and sustained
11 discrimination eventually caused her to have a mental breakdown, in which she
12 spun into a state of extreme depression and anxiety.
13 77. She would cry regularly throughout the day, felt deeply worthless
14 as a person, felt hopeless about life, struggled to leave the house (other than for
15 work), stopped socializing with friends, and withdrew from society. She had
16 suicidal thoughts for the first time in her life. She would often have panic
17 attacks for no apparent reason, or as a result of the most basic and non-
threatening triggers such as a loud motorcycle zipping by. She would
18
physically shake from anxiety. (Unfortunately, all of these symptoms still
19
persist today, revealing that Forever 21s blatantly illegal conduct caused Ms.
20
Garcias mental and emotional stability to be fundamentally damaged in the
21
long-term.)
22
78. Feeling deeply despondent and severely depressed and anxious,
23
Ms. Garcia made an appointment with a psychiatrist for the first time in her life.
24 She saw Dr. Edward L. Spencer (Dr. Spencer), a Psychiatrist based in
25 Beverly Hills. Dr. Spencer is a UCLA-trained psychiatrist who has been an
26 Attending Psychiatrist at the UCLA Resnick Neuropsychiatric Hospital since
27
-44- COMPLAINT
28
1 2011. Dr. Spencer was also a Clinical Fellow at the UCLA Semel Institute for
2 Neuroscience and Human Behavior Borderline Personality Disorders
3 Initiative from 2011 through 2015. Dr. Spencer is a Diplomate of the American
4
Board of Psychiatry and Neurology. Dr. Spencer is highly accomplished and
highly respected in his field.
5
79. During Ms. Garcias first appointment, as reflected by the medical
6
records that will become part of this litigation, Dr. Spencer diagnosed her with
7
major depressive disorder and agoraphobia with panic disorder.
8
Agoraphobia is a particular form of anxiety disorder. More extreme versions of
9
agoraphobia also involve panic disorder.
10
80. In Ms. Garcias medical records, Dr. Spencer labels her anxiety as
11 severe anxiety. Ms. Garcia was therefore diagnosed with major depressive
12 disorder and a heightened form of anxiety disorder that also involves panic
13 disorder.
14 81. In an attempt to treat these major mental illnesses, Dr. Spencer
15 prescribed Ms. Garcia both Sertraline Hcl and Clonazepam.
16 82. Sertraline Hcl, whose primary brand name is Zoloft, is an
17 antidepressant of the selective serotonin reuptake inhibitor class. It is

prescribed for depressive disorder, obsessive-compulsive disorder, panic
18
disorder, and social anxiety disorder.
19
83. Clonazepam, whose primary brand name is Klonopin, is a
20
tranquilizer of the benzodiazepine class. It is prescribed for panic disorder,
21
anxiety disorder, seizures, and the movement disorder known as akathisia.
22
84. The medication (or placebo effect) caused an initial slight
23
improvement in her symptoms, but this slight improvement quickly evaporated.
24 Ms. Garcia continues to struggle with extreme depression, extreme anxiety, and
25 extreme panic attacks.
26
27
-45- COMPLAINT
28
1 85. Countless friends and family will testify at trial to Ms. Garcias
2 history as a very positive, upbeat, bubbly, light-hearted, grounded, mentally
3 stable person. They will testify that she had no history of depression or anxiety.
4
They will further testify that the onset (and deepening) of her depression and
anxiety was directly correlated to the inhumane treatment she endured at
5
Forever 21. They will also testify that at the time the mistreatment was
6
occurring, Ms. Garcia would disclose how she was being treated and would
7
express her deep pain, sorrow, sadness over it. These conversations, which will
8
fall into several hearsay exceptions (or which will not even constitute hearsay
9
under the Federal Rules of Evidence), demonstrate that Ms. Garcia was
10
contemporaneously disclosing the worsening of her mental health to friends and
11 family as more and more traumatic work incidents amassed.
12 86. In this case, Dr. Spencer will testify that it is his professional
13 opinion is that the severe depression and extreme anxiety that Ms. Garcia now
14 suffers from was the proximate result of the extreme discrimination she endured
15 at the hands of Forever 21. He will also testify that the depression, anxiety, and
16 panic attacks Ms. Garcia began experiencing as a result of Forever 21s
17 protracted acts of discrimination and dehumanization are rather predictable,

from a clinical perspective. He will further testify that during Ms. Garcias
18
June 13, 2016 appointment with him (immediately after Mr. Voss seriously
19
escalated his mistreatment of Ms. Garcia and urged her to quit), he provided
20
Ms. Garcia with his professional recommendation that she resign from Forever
21
21, in order to protect her mental and psychological health.
22
87. Forever 21s blatantly illegal actions were the proximate cause of
23
the severe mental and emotional injuries Ms. Garcia has suffered. As such,
24 Forever 21 is legally liable for these injuries. And as will be shown in the
25 subsequent section, below, Forever 21s blatantly illegal actions were the
26
27
-46- COMPLAINT
28
1 proximate cause of Ms. Garcias resignation, rendering her departure a

2 constructive discharge under California law.
4
Forever 21 Constructively Discharges Ms. Garcia
5
When She Takes Some Work Days Off To Address The
6
Serious Somatic Consequences Of Forever 21s Discrimination
7
8
88. After these serious psychological symptoms worsened, and after
9
the severe discrimination and dehumanization continued, Ms. Garcia began
10
experiencing somatic symptoms of her extreme mental distress.
11 89. She began to experience nausea, headaches, gastrointestinal pain,
12 and rectal bleeding. These symptoms became worse and worse, so in
13 approximately late May 2016, Ms. Garcia decided to go see a doctor.
14 90. After evaluating Ms. Garcia, the doctor informed her that she
15 needed to take some time off of work to allow for some of these symptoms to
16 improve. She followed the doctors orders, and decided to inform Mr. Voss
17 (the Store Manager) that her doctor has ordered her to take time off of work.
91. On May 27, 2016, Ms. Garcia sent text messages to Mr. Voss that
18
read, in pertinent part:
19
Hi Beau. Its Anastasia from work. Im sorry if Im bothering
20
you on your day off but can I talk to you about a personal matter
21
with work? Its kind of embarrassing. . . . I dont know how to say
22
this without being too graphic or nasty but Ive been bleeding from
23
a certain lower body part since last Saturday. Ive seen my Dr.
24 already and he said it will go away on its own. He gave me a Dr.
25 note for the days Ive been gone and saying I should be okay to go
26 back to work next week.
27
-47- COMPLAINT
28
1 92. Rather than simply missing work, Ms. Garcia took the loyal step of
2 actively calling coworkers to get her missed shifts covered. Ms. Garcia
3 informed Mr. Voss that she had already found coverage for all of her shifts,
4
other than one: I was able to find coverage for all of my shifts this week except
for tomorrow.
5
93. Mr. Voss showed no sympathy or warmth, but did approve her
6
absences, before adding, Just make sure you bring your note when you come
7
back. Ms. Garcia responded with her typical polite tone, Yes I will! Thank
8
you Beau. (She, in fact, delivered the note to Mr. Voss.)
9
94. However, when the following week came around (early June
10
2016), Ms. Garcia was still experiencing rectal bleeding and the other
11 symptoms. She sent the following text message to Mr. Voss on June 1, 2016:
12 Good morning Beau. Im still bleeding a bit. What [sic] it be ok for Camilo to
13 take my 5-11 today please? Mr. Voss responded with a cold one-word, Yes.
14 95. Ms. Garcias bleeding then worsened, and her other symptoms
15 continued. She began going into the doctor regularly in the coming days.
16 96. Her medical records, which will become part of the evidence in
17 this case, reveal that Ms. Garcia was suffering from internal hemorrhoids,
intermittent irritable bowl syndrome, nausea, headaches, insomnia, and
18
gastroesophageal reflux disease (aka GERD).
19
97. Ms. Garcia then received a text message from Mr. Voss on June 7,
20
2016 that sternly stated, Whats going on with you? You still havent come
21
back to work?
22
98. Ms. Garcias condition was obviously worsening, so she wanted to
23
be as transparent as possible with Mr. Voss. She wanted to make sure he knew
24 that her continued absences were not the result of irresponsibility, so she
25 explained her situation in detail, including that she was not only still
26 experiencing the physical health problems, but was also experiencing a great
27
-48- COMPLAINT
28
1 deal of anxiety about the prospect of being subjected to Mr. Ruizs

2 mistreatment:
3 Im still bleeding and have another doctors appointment
4
tomorrow, so I wont be able to make it to work tomorrow. And
also dont know if I can take Mannys treatment anymore. I get
5
that he doesnt accept me for being trans and thinks I am sinful, but
6
his treatment has only gotten worseEven after I complained to
7
you all those times, his treatment never changed. Just the thought
8
of seeing him makes me feel panic inside.
9
10
99. In response to Ms. Garcias disclosure of her medical and
11 psychological problems, Mr. Voss sent a text message that: (1) contained a
12 bold-faced (and easily provable) lie; (2) illegally urged Ms. Garcia to resign;
13 and (3) plainly violated and misstated the law regarding leaves of absence. In
14 the words of Mr. Voss:
15 You havent worked in so long so Im confused about bringing up
16 the Manny thing. Hes never said a thing to me about any of that.
17 At this point if you cant return to work youll need to resign. You
dont work enough hours a week to be eligible for taking a leave of
18
absence. I just checked on that.
19
20
100. Thats right, in response to Ms. Garcias statement regarding the
21
discrimination and mental anxiety she is experiencing in connection with her
22
employment, Mr. Voss actually responded in writing by urging her to
23
resign.
24 101. First, Mr. Voss suggestion that he has never heard about Ms.
25 Garcias issues with Mr. Ruiz was nothing short of a bold-faced lie. The
26 outright falsity of this statement is confirmed by many of the employee
27
-49- COMPLAINT
28
1 declarations outlined above, and will be easily proved at trial in this case
2 (through a plethora of additional witnesses). The evidence at trial will show
3 (conclusively) that Mr. Voss was completely aware of Mr. Ruizs
4
discriminatory treatment of Ms. Garcia, yet knowingly and willfully refused to
correct or even address it.
5
102. Second, Mr. Voss statement that Ms. Garcia will need to resign
6
if she cant return to work was a transparent attempt at forcing Ms. Garcia out
7
of her job. It is an obvious (nearly cartoonish) example of constructive
8
discharge. When an employee states in writing that she is unsure whether she
9
can handle her boss discrimination and that just thinking about working with
10
that boss causes her to feel panic inside, the Store Manager would be advised
11 not to immediately reply by telling her that she will need to resign if she
12 wont come into work.
13 103. Third, Mr. Voss statement that you dont work enough hours a
14 week to be eligible for leave of absence was fatally misguided for three
15 independent reasons: (1) eligibility for a leave of absence under the FMLA and
16 CFRA is not determined based on the amount of hours worked per week, as Mr.
17 Voss plainly stated (it is determined based on the amount of hours worked in
the prior one-year period); (2) the only reason Ms. Garcias may not have been
18
eligible for FMLA and CFRA leave at this point was because her hours were
19
illegally reduced, as part of the discrimination perpetrated by Mr. Ruiz and Mr.
20
Voss (as outlined in detail in the FMLA and CFRA causes of action, below);
21
and (3) Mr. Voss statement blatantly violated Ms. Garcias right to take
22
disability leave or receive a disability accommodation under the ADA and
23
FEHA.
24 104. Mr. Voss reply text was therefore laced with three fundamental
25 flaws: it contained a bold-faced lie, followed by an illegal constructive
26
27
-50- COMPLAINT
28
1 discharge, followed by a violation of Ms. Garcias disability rights. Mr. Voss

2 text message can only be described as a trifecta of terribles.
3 105. Ms. Garcia replied to this outrageous text message by texting:
4
Of course he never brought it up to you why would he tell his
own manager that he is discriminating against his employee? If
5
you would have investigated him or questioned the employees,
6
they would have confirmed everything I told you.
7
8
106. Mr. Voss replied to this very reasonable message by doubling
9
down on his prior bold-faced lie, stating: Well this is the first youve
10
mentioned [sic] so it hasnt been addressed prior. This statement will also be
11 easily exposed as a bold-faced lie at trial in this case.
12 107. Ms. Garcia replied to Mr. Voss lie with the following message:
13 Thats ridiculous. You know Ive brought this up to you several
14 times! Plus, several managers know about it, plus LOTS of
15 employees. So the entire store knows about it, but now youre
16 claiming you know nothing about this?
17
108. And how did Mr. Voss respond to this very reasonable and
18
compelling question?
19
109. With silence. Thats right, he did not even respond. Particularly
20
considering that Mr. Voss is known throughout Forever 21 for always having to
21
have the last word, his utter silence in the face of Ms. Garcias critical
22
question was deafening. The reality is that Mr. Voss was painted into a corner
23
by his own lies, and he literally could not respond. (Which is a true rarity for
24 him, as will be illustrated by the parade of employees who testify about his
25 insistence on always having the final word.)
26
27
-51- COMPLAINT
28
1 110. Ms. Garcia came away from this text exchange with a clear
2 awareness that Mr. Voss was forcing her out of Forever 21. He was telling
3 bold-faced lies, he completely ignored her very legitimate concern and panic
4
about returning to the discriminatory work environment, and he overtly told her
that she would need to resign if she cant come into work at this point. To
5
have the Store Manager treat her this way in response to the serious medical
6
and emotional problems she was experiencing as a result of her employment
7
discrimination was simply too much for her.
8
111. Ms. Garcia had an appointment with her psychiatrist (Dr. Spencer)
9
on June 13, 2015, during which she provided a detailed account of her current
10
psychological and emotional states, her current medical problems, and Mr.
11 Voss recent communications to her. Towards the end of the session, Dr.
12 Spencer informed Ms. Garcia that it was his professional recommendation
13 that she resign from Forever 21 for the good of her own mental health.
14 112. On day prior to her appointment with Dr. Spencer, Ms. Garcia had
15 an appointment with Dr. Steven Rosenblatt (identified and described in the
16 below section), who conducted a physical exam and evaluated Ms. Garcias
17 overall health and wellness. Based on his evaluation, and his conclusion that
Ms. Garcias physical and mental symptoms were the result of her toxic work
18
situation, Dr. Rosenblatt issued a professional recommendation to Ms. Garcia
19
that she resign from Forever 21 in order to protect her physical and mental
20
health. Thus, both her psychiatrist and her medical doctor (who is also a
21
Ph.D. in psychology) offered Ms. Garcia the same professional
22
recommendation: she should resign from Forever 21 because the job is causing
23
her extreme suffering.
24 113. After being away from work for a few weeks while tending to her
25 medical issues, Ms. Garcias anxiety and panic about returning to the
26 discriminatory and hostile work environment were now so great that the only
27
-52- COMPLAINT
28
1 realistic option was to resign, particularly in light of Mr. Voss not-so-subtle

2 admonition that she do exactly this. This option was expressly recommended
3 by her physician (Dr. Rosenblatt), on June 12, 2016. Then, on June 13, 2016,
4
Ms. Garcias psychiatrist (Dr. Spencer) also advised Ms. Her to resign, so
that her crumbling mental health would not get any worse.
5
114. Accordingly, the very next day, on June 14, 2016, Ms. Garcia sent
6
Mr. Voss the following text message: Hi Beau, please consider this text
7
message my resignation from Forever 21. Anastasia.
8
115. Forever 21s constructive discharge of Ms. Garcia was now
9
complete.
10
116. Considering the extreme discrimination and dehumanization that
11 Ms. Garcia faced at Forever 21, it is rather remarkable that she withstood it for
12 nearly 2.5 years. This is a testament to her strength and grit as a person, and her
13 deep dedication to overcoming bigotry and transphobia. Ultimately, however,
14 she was unable to withstand it, as it eventually broke her down. Her depression
15 and anxiety reached new heights, and she began to exhibit serious somatic
16 symptoms of the mental illness, which led to Mr. Voss callously disregarding
17 her health issues when she missed work for valid medical reasons, and instead
capitalizing on an opportunity to force her out of the company, in the form of
18
his statement that if she cannot return at this point, she needs to resign.
19
117. The culmination of all of Forever 21s overt and insidious actions
20
were simply too much to overcome at this point, even for Ms. Garcia. (Which
21
is why her psychiatrists professional recommendation was for her to resign for
22
the good of her mental health.) No reasonable person in Ms. Garcias shoes
23
could have remained in the job at this point (or even up to this point), and Ms.
24 Garcia finally accepted that she simply could not take the vicious treatment any
25 longer. Ms. Garcias resignation was a quintessential example of a
26 constructive discharge.
27
-53- COMPLAINT
28
1 The Medical Report Of Dr. Steven Rosenblatt, M.D., Ph.D. (Psychology)

2 Demonstrates That Ms. Garcias Physiological And Mental Illnesses Are
3 The Proximate Result Of Forever 21s Extreme Discrimination
4
118. Dr. Steven Rosenblatt is a physician who practices family
5
medicine in West Los Angeles. In addition to being a medical doctor, Dr.
6
Rosenblatt also possesses a Ph.D. in psychology.
7
119. Dr. Rosenblatt evaluated Ms. Garcia on June 12, 2016, when her
8
somatic symptoms were erupting. Dr. Rosenblatt conducted an Independent
9
Medical Evaluation, and diagnosed Ms. Garcia with several gastrointestinal and
10
digestive problems (among others), as well as depression, anxiety, and panic
11 attacks. (The Independent Medical Evaluation, which includes the details of
12 these physical diagnoses, will be provided to Forever 21 through confidential
13 discovery.)
14 120. Importantly, in his Independent Medical Evaluation, Dr.
15 Rosenblatt concludes as follows: In my professional opinion, as both a medical
16 doctor and Ph.D., Ms. Garcias physical diagnoses and psychological
17 diagnoses, as noted above, manifested as a result of the protracted,

dehumanizing treatment she endured from her work supervisor.
18
121. According to the Discussion section of Dr. Rosenblatts
19
Independent Medical Evaluation:
20
21 Ms. Garcia is a transgender patient who is currently

22 undergoing sexual reassignment using hormonal exchanges at
this point and is being scheduled for surgical reassignment as
23 well. She had been in the protracted environmental situation
24 exposed to extreme onsite job stresses, in which a supervisor
engaged in constant condescending and dehumanizing
25 treatment towards her while on the job site due to her being a
26 transgender woman. Her exposure to this supervisor and his
mistreatment endured nearly 2.5 years. I have reviewed a
27
-54- COMPLAINT
28
1 large collection of sworn declarations from coworkers who

2
recount the discriminatory and dehumanizing conduct that Ms.
Garcia was subjected to by her supervisor for a protracted
3 period of time. This mistreatment has resulted in tremendous
4
mental and emotional stress, as well as gastrointestinal stress,
which manifested physical symptoms as noted above. She has
5 experienced hemorrhoids as well as irritable bowel syndrome.
6 Additionally, she had begun to develop GERD symptoms
which were also appropriate.
7
8 Patient has suffered a number of physical discomforts and

symptoms, mainly gastrointestinal type which are often
9 related to extreme stress and tension, such as hemorrhoids,
10 irritable bowel and GERD symptoms. She also experienced
frequent episodes of insomnia. Additionally, the patient also
11 exhibited a number of psychological problems related to
12 onsite job stresses and this took the form of depression, as
well as anxiety, which eventually resulted in frequent panic
13 attacks. In my professional opinion, as both a medical
14 doctor and Ph.D., Ms. Garcias physical diagnoses and
psychological diagnoses, as noted above, manifested as a
15 result of the protracted, dehumanizing treatment she
16 endured from her work supervisor. (emphasis added)
17
18
Punitive Damages Against Forever 21
19
Are Warranted In This Case
20
21
122. Forever 21 is liable for punitive damages because it engaged in the
22
wanton, malicious and fraudulent conduct outlined throughout this Complaint,
23
and because it consciously disregarded the legal rights and well-being of Ms.
24
Garcia.
25
26
27
-55- COMPLAINT
28
1 123. Punitive damages are necessary to punish Forever 21 for its

2 severely bad faith and malicious actions, and to deter it from committing
3 similarly unacceptable actions in the future.
4
124. Several separate and independent grounds exist for imposing
punitive damages on Forever 21 in this case.
5
125. First, Mr. Ruiz and Mr. Voss are both managing agents under
6
California law. At the time of the discrimination, both individuals exercised
7
independent authority and judgment over decisions that ultimately determined
8
corporate policy at Forever 21. Since each of these individuals personally acted
9
with malice and wantonness in violating Ms. Garcias legal rights, Forever 21 is
10
liable for punitive damages for their illegal actions. (Forever 21 is also liable
11 for punitive damages based on the wanton and malicious actions of Mr.
12 Johnson, the Store Manager that preceded Mr. Voss, since Mr. Johnson
13 responded to, acquiesced in, and enabled Mr. Ruizs discrimination in nearly
14 the identical way that Mr. Voss did.)
15 126. Second, the district manager, Heidi Miller (Ms. Miller), was a
16 managing agent who exercised independent authority and judgment over
17 decisions that ultimately determined corporate policy at Forever 21.

Troublingly, Ms. Miller had a prior relationship with Mr. Voss and hand-picked
18
him to serve as the Store Manager in 2014, despite Mr. Voss never having
19
worked at Forever 21 in any capacity. Ms. Miller was (and still is) good friends
20
with Mr. Voss, and worked closely with him at a prior company. Her decision
21
to select Mr. Voss for the critical position of store manager was a pure act of
22
nepotism. Based on her personal and professional history with Mr. Voss, Ms.
23
Miller had advance knowledge of Mr. Voss unfitness, particularly his
24 proclivity for allowing and enabling discrimination in the workplace, for
25 contributing to the creation of hostile work environments, and for callously
26 stampeding the rights and well-being of his employees. Yet Ms. Miller
27
-56- COMPLAINT
28
1 employed him with a knowing disregard of the rights and safety of the many
2 employees who would report to him, including Ms. Garcia. Forever 21 is
3 therefore liable for punitive damages based on these willful and malicious
4
actions by its managing agent, Ms. Miller. By consciously disregarding the
rights and well-being of Forever 21s employees by hiring an epically unfit
5
individual (Mr. Voss) for a position as important as Store Manager simply
6
because he was a dear friend of hers, Ms. Miller has rendered Forever 21 liable
7
for punitive damages.
8
127. Third, Forever 21 is liable for punitive damages because the
9
individual who hired Mr. Ruiz (either the district manager or some other
10
managing agent) knew of Mr. Ruizs unfitness for the position and his
11 bigoted beliefs, yet employed him with a knowing disregard of the rights and
12 safety of the employees that he would eventually oversee. Mr. Ruiz is
13 exceptionally open and vociferous about his views of gays, transgenders and
14 other supposed sinners. The managing agent who hired Mr. Ruiz must have
15 known that Mr. Ruizs bigoted beliefs would cause him to impair the rights and
16 well-being of the many employees who would report to him. By hiring Mr.
17 Ruiz for the important role of assistant manager, despite his blatant bigotry, the
managing agent who made this hire has rendered Forever 21 liable for punitive
18
damages.
19
128. Fourth, Forever 21 is liable for punitive damages because its
20
upper-level Human Resources team learned of Mr. Ruizs horrific
21
discrimination against Ms. Garcia, yet did nothing about it. Indeed, in
22
approximately mid-2015, Ms. Garcia called the corporate HR hotline that is
23
posted in the employee break room, and provided a detailed complaint of Mr.
24 Ruizs discriminatory and inappropriate actions and words towards her. The
25 corporate HR hotline is expressly designed for employees to be able to
26 circumvent their local managers and instead get important information to the
27
-57- COMPLAINT
28
1 higher ranks, if necessary. The hotline is billed as a way of ensuring that

2 employees have the ability to get corporates attention on important matters.
3 Notwithstanding the longstanding belief among the employees that once
4
corporate knew of an important employee complaint, it nevertheless never took
no action to remedy or correct the issue, Ms. Garcia eventually decided to at
5
least try it in mid-2015. Ms. Montenegro (a witness identified above) observed
6
Ms. Garcia make the call and articulate her detailed complaint to the HR
7
personnel. At trial in this case, Ms. Montenegro will testify to the occurrence
8
and substance of this call. The HR employee stated that she was typing down
9
all of Ms. Garcias statements, and then at the conclusion of Ms. Garcias
10
complaint, the HR employee stated that the complaint will be submitted.
11 Nothing happened after this moment, and as far as Ms. Garcia knows, Mr. Ruiz
12 was never even contacted, much less investigated, about his actions. Thus,
13 notwithstanding that Ms. Garcia submitted a thorough complaint to the
14 corporate ranks, the corporate level of Forever 21 decided to take no action
15 whatsoever to investigate or remedy the blatant violations of her legal rights.
16 As such, the corporate level of Forever 21 formally ratified the past illegal
17 actions of Mr. Ruiz, and authorized the future illegal actions of Mr. Ruiz. Due
to the corporate ranks ratification and authorization of Mr. Ruizs illegal
18
conduct, Forever 21 is liable for punitive damages. (Conveniently, Forever 21
19
does not have a system that allows employees to submit email or other
20
electronic complaints to the corporate level. Forever 21s refusal to have such a
21
system is a transparent attempt to prevent the existence of paper trails that
22
would otherwise prove that the violations of employees legal rights were
23
known to and ratified by the corporate level. Considering that Forever 21 has
24 electronic infrastructure for employees to use in virtually every other aspect of
25 their employment experience, it is indeed noteworthy that the company has
26 decided that its system for gathering and processing employee complaints
27
-58- COMPLAINT
28
1 should be invisible and untraceable.) Moreover, and in addition to the acts of

2 acquiescence and ratification noted above, Forever 21 has committed additional
3 acts of acquiescence and ratification that render it liable for punitive damages.
4
Specifically, on or about November 18, 2016, or shortly thereafter, the highest
levels of Forever 21s corporate management learned of the blatantly
5
discriminatory acts of Mr. Ruiz and the blatantly illegal, fraudulent, and corrupt
6
acts of Mr. Voss (which allowed Mr. Ruizs vicious discrimination to occur and
7
continue unabated), including by virtue of corporate managements receipt of
8
all of the sworn declarations attached to this Complaint, yet Forever 21s
9
corporate management did not terminate Mr. Voss. At the time Forever 21
10
received the sworn declarations, Mr. Ruiz had already voluntarily left the
11 company for an even better opportunity, but Mr. Voss was still at Forever 21
12 serving as the Store Manager. Shockingly, notwithstanding its knowledge of
13 Mr. Vosss blatantly illegal actions towards Ms. Garcia (and towards the entire
14 workforce at the Montebello store, as outlined in the sworn declarations),
15 Forever 21 has inexplicably allowed Mr. Voss to keep his job as the Store
16 Manager. It is difficult to imagine a more obvious example of corporate
17 ratification. As such, Forever 21 is liable for punitive damages in this case.

(Incidentally, it has now been over seven (7) weeks since Forever 21s upper
18
corporate management received all of the sworn declarations, and it has sadly
19
ratified and acquiesced in Mr. Voss ugly actions by allowing him to continue to
20
serve as a Store Manager at their Company. Any argument Forever 21 makes
21
later in this case that it was in the process of investigating Mr. Voss actions,
22
or that it ultimately terminated Mr. Voss, should fall on deaf ears. To the extent
23
that Forever 21 actually cared about doing the right thing, rather than ratifying
24 Mr. Voss deeply troubling and blatantly illegal conduct, it would have
25 terminated Mr. Voss far less than seven weeks after receiving the declarations.
26 At the very least, it would have suspended Mr. Voss, pending its alleged
27
-59- COMPLAINT
28
1 investigation. Forever 21 did none of this; punitive damages are a virtual no-
2 brainer in this case.)
3 129. Fifth, Forever 21 has a recent history of transphobic discrimination
4
by an assistant manager, yet the company has not taken any actions whatsoever
to prevent such actions from continuing to occur within the company. Indeed,
5
on April 1, 2015, Forever 21 was sued for transphobic discrimination by a
6
transgender employee (Alexia Anthony Daskalakis) in its Brooklyn store.
7
(While the allegations in that case clearly involve illegal actions on the part of
8
Forever 21, the severity and intensity of the legal violations frankly pale in
9
comparison to the allegations in this case.) Despite being on notice of the
10
possibility of transphobic discrimination occurring by its managers, Forever 21
11 has taken no actions whatsoever to train or educate managers and other
12 employees on the importance of treating transgender employees with dignity
13 and respect, or on how to be sensitive to the needs and challenges of
14 transgender employees. In short, after being on notice of transgender
15 discrimination occurring within its company, Forever 21 has done absolutely
16 nothing to curb such behavior. In so doing (or not doing), Forever 21 has
17 ratified transgender discrimination, and has authorized the transgender

discrimination that Ms. Garcia experienced. At the time of the complaint in the
18
Daskalakis lawsuit, Forever 21 publicly stated that it has zero tolerance for
19
discrimination and that at Forever 21, we are committed to diversity and
20
inclusion in our stores and in all business related activities, and strive to
21
maintain a safe and respectful work environment for all employees. By
22
publicly stating that it has zero tolerance for discrimination and that it is
23
committed to diversity, inclusion, and the creation of a safe and respectful work
24 environment for all of its employees while simultaneously doing nothing to
25 demonstrate its intolerance for discrimination or its commitment to inclusion
26
27
-60- COMPLAINT
28
1 Forever 21 has acted maliciously, wantonly, and fraudulently. As such, it is

2 liable for punitive damages.
3 130. Sixth, Forever 21 is liable for punitive damages because it has an
4
established corporate culture of transphobic discrimination that facilitates and
enables managers to engage in discrimination. Not only have managers on both
5
coasts recently committed blatant transgender discrimination against
6
employees, but the Montebello store has now had successive Store Managers
7
(first, Darrien Johnson, and then Mr. Voss) who permitted and enabled Mr.
8
Ruiz to engaged in blatant discrimination without consequence. It is clear, and
9
discovery in this case will further demonstrate, that Forever 21 has an
10
established pattern and practice of engaging in transgender discrimination, and
11 of allowing its managers to freely engage in transgender discrimination without
12 consequence or punishment of any sort. Forever 21s founders, Do Won Chang
13 and Jin Sook Chang, are self-described evangelical Christians who label
14 Forever 21 a Christian company. The company prints John 3:16 on every
15 one of its shopping bags, and Mr. Chang has publicly stated that he decided to
16 place this biblical reference on the companys bags because I hoped others
17 would learn of God's love. The company regularly releases clothing items that
are expressly Christian, such as clothing items that read, Jesus Loves You, or
18
Love, Peace, Faith, Hope, Jesus, or Jesus Is My Rock & Thats How I roll.
19
Considering that the founders of Forever 21 make their Christian faith such an
20
overt aspect of the company in so many ways, it is hardly surprising that the
21
Montebello branch hired an evangelical Christian manager who publicly
22
espoused his Christian views in the workplace. The founders of the company,
23
and the highest level of management, have created a pattern and practice of
24 religious expression in the workplace, have authorized the sort of religious
25 demagoguery espoused by Mr. Ruiz, and have ratified his (and others) acts of
26 religious demagoguery by consciously having no infrastructure in place that
27
-61- COMPLAINT
28
1 would meaningfully curb it. As such, punitive damages against Forever 21 are
2 warranted.
3 131. In short, there are a variety of separate and independent grounds
4
that demonstrate, by clear and convincing evidence, that punitive damages
against Forever 21 are warranted in this case.
5
7
Ms. Garcia Has Exhausted Her Administrative Remedies
8
9
132. Ms. Garcia has obtained a right to sue letter from the California
10
Department of Fair Employment and Housing. Therefore, she has exhausted
11 her administrative remedies, and has standing to file this lawsuit.
12
13
14
FIRST CAUSE OF ACTION
15
SEX DISCRIMINATION UNDER TITLE VII
16
OF THE CIVIL RIGHTS ACT OF 1964
17
(By Ms. Garcia Against All Defendants)
18
19 133. Ms. Garcia hereby re-alleges and incorporates by reference every

20 allegation contained in this Complaint as though fully set forth in this
21 paragraph.
22 134. Defendants are covered by and fall within the umbrage of Title VII
23 of the Civil Rights Act.
24
135. Defendants acts of discrimination on account of Ms. Garcias
transgender status, as outlined throughout this Complaint, constitute illegal sex
25
discrimination under Title VII of Civil the Rights Act of 1964, 42 U.S.C.
26
2000e et seq.
27
-62- COMPLAINT
28
1 136. Ms. Garcia belongs to a protected class, i.e., transgender

2 individuals, for purposes of Title VII.
3 137. Ms. Garcia was qualified for her position, and was performing her
4
job not only satisfactorily, but with very high quality, thus ruling out the
possibility that the adverse employment consequences she incurred were the
5
result of neutral, non-discriminatory motives.
6
138. Ms. Garcia suffered several adverse employment consequences
7
due to her transgender status, including but not limited to being demoted from
8
cashier to working the floor, having her hourly pay reduced from $10.50 to
9
$10.00, having her scheduled hours cut (below the threshold for FMLA
10
protection), being passed over for potential promotions (without even being
11 considered for the promotion, despite her extraordinary work and talents), being
12 denied a year-end review for calendar year 2015 (and hence denied the
13 possibility for a raise), and being constructively discharged.
14 139. In connection with each of the adverse employment consequences
15 identified above, Ms. Garcia was deprived of the valuable employment benefit
16 or opportunity at issue (e.g., the cashier position, the hourly pay, the scheduled
17 hours, the promotion, the annual review, and the job, itself), and such benefit or
opportunity was instead diverted to employees outside of her protected class,
18
i.e., transgender individuals.
19
140. As a direct, foreseeable and proximate result of Defendants
20
discriminatory acts, Ms. Garcia has suffered and will continue to suffer
21
substantial lost earnings, lost employment benefits, and other financial losses,
22
and has suffered and will continue to suffer humiliation, embarrassment, mental
23
and emotional distress, and psychological and medical illness, in an amount to
24 be proven at trial.
25 141. Consequently, Defendants are liable for sex discrimination under
26 Title VII of the Civil Rights Act of 1964.
27
-63- COMPLAINT
28
1 142. Defendants committed the acts complaint of in this Complaint

2 wantonly, maliciously, and fraudulently, thereby entitling Ms. Garcia to an
3 aware of punitive damages against Defendants in an amount appropriate to
4
punish and make an example of Defendants.
143. Ms. Garcia has exhausted her administrative remedies, as she
5
obtained a Right to Sue letter from the California Department of Fair
6
Employment and Housing (DFEH) in advance of filing this Complaint.
7
Pursuant to the Equal Employment Opportunity Commissions (EEOC)
8
procedures for dual-filing, Ms. Garcias filing of her complaint with the
9
DFEH will automatically be dually-filed with the EEOC. No separate EEOC
10
filing is required in order for Ms. Garcia to exhaust her administrative remedies
11 under federal law. Accordingly, Ms. Garcia has exhausted her administrative
12 remedies for purposes of asserting this Title VII claim.
13
14 SECOND CAUSE OF ACTION

15 SEX DISCRIMINATION UNDER THE
16 CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
17 (By Ms. Garcia Against All Defendants)
18
144. Ms. Garcia hereby re-alleges and incorporates by reference every
19
allegation contained in this Complaint as though fully set forth in this
20
paragraph.
21
145. Defendants are covered by the California FEHA.
22
146. Ms. Garcia, at all relevant times, was an employee within the
23
meaning of the FEHA.
24 147. Defendants acts of discrimination based on Ms. Garcias
25 transgender status, as outlined throughout this Complaint, constitute illegal sex
26
27
-64- COMPLAINT
28
1 discrimination or disparate treatment under FEHA, California Government

2 Code 12904(a).
3 148. Ms. Garcia suffered several adverse employment actions due to her
4
transgender status, including but not limited to being demoted from cashier to
working the floor, having her hourly pay reduced from $10.50 to $10.00,
5
having her scheduled hours cut (below the threshold for FMLA protection),
6
being passed over for potential promotions (without even being considered for
7
the promotion, despite her extraordinary work and talents), being denied a year-
8
end review for calendar year 2015 (and hence denied the possibility for a raise),
9
and being constructively discharged.
10
149. In connection with each of the adverse employment actions
11 identified above, Ms. Garcia was deprived of the valuable employment benefit
12 or opportunity at issue (e.g., the cashier position, the hourly pay, the scheduled
13 hours, the promotion, the annual review, and the job, itself), and such benefit or
14 opportunity was instead diverted to employees outside of her protected class,
15 i.e., transgender individuals.
16 150. Ms. Garcias transgender status, or membership in the protected
17 class of transgender individuals, was a motivating factor for each of the adverse
employment actions identified above.
18
19
disparate treatment or discriminatory acts, Ms. Garcia has suffered and will
20
continue to suffer substantial lost earnings, lost employment benefits, and other
21
financial losses, and has suffered and will continue to suffer humiliation,
22
embarrassment, mental and emotional distress, and psychological and medical
23
illness, in an amount to be proven at trial.
24 152. Defendants adverse employment actions towards Ms. Garcia was
25 a substantial factor in causing these injuries and losses.
26
27
-65- COMPLAINT
28
1 153. Consequently, Defendants are liable for illegal disparate treatment

2 or discrimination under FEHA.
3 154. Defendants committed these acts wantonly, maliciously, and
4
fraudulently, thereby entitling Ms. Garcia to an award of punitive damages
against Defendants in an amount appropriate to punish and make an example of
5
Defendants.
6
155. Ms. Garcia has exhausted her administrative remedies, as she
7
obtained a Right to Sue letter from the California Department of Fair
8
Employment and Housing (DFEH) in advance of filing this Complaint.
9
Accordingly, Ms. Garcia has exhausted her administrative remedies for
10
purposes of asserting this FEHA claim.
11
12
13 THIRD CAUSE OF ACTION

14 HOSTILE WORK ENVIRONMENT
15 CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
17
18
19
paragraph.
20
157. Defendants are covered by the California FEHA.
21
158. Ms. Garcia was, at all relevant times, an employee of Forever 21
22
within the meaning of FEHA.
23
159. Ms. Garcia was subjected to unwanted harassing conduct, as
24 thoroughly outlined throughout this Complaint, on account of her status as a
25 transgender woman, which is a protected status under California law.
26
27
-66- COMPLAINT
28
1 160. The harassing conduct was so severe, widespread, or persistent that

2 a reasonable transgender employee in Ms. Garcias circumstances would have
3 considered the work environment to be hostile or abusive.
4
161. Ms. Garcia considered the work environment to be hostile or
abusive.
5
162. Each of the Defendants participated in, assisted in, or ratified the
6
harassing conduct, as outlined throughout this Complaint.
7
8
harassing conduct, Ms. Garcia has suffered and will continue to suffer
9
substantial lost earnings, lost employment benefits, and other financial losses,
10
and has suffered and will continue to suffer humiliation, embarrassment, mental
11 and emotional distress, and psychological and medical illness, in an amount to
12 be proven at trial.
13 164. Defendants harassing conduct towards Ms. Garcia was a
14 substantial factor in causing these injuries and losses.
15 165. Defendants committed these acts wantonly, maliciously, and
16 fraudulently, thereby entitling Ms. Garcia to an award of punitive damages
17 against Defendants in an amount appropriate to punish and make an example of

Defendants.
18
19
20
FOURTH CAUSE OF ACTION
21
WRONGFUL TERMINATION / CONSTRUCTIVE DISCHARGE
22
23

26 paragraph.
27
-67- COMPLAINT
28
1 167. Ms. Garcia was employed by Forever 21.

2 168. Defendants constructively discharged Ms. Garcia by creating a
3 working environment that was so unusually hostile and adverse that a
4
reasonable transgender employee in Ms. Garcias position would have felt
compelled to resign.
5
169. Defendants had actual knowledge of these intolerable working
6
conditions, and in fact intended to force Ms. Garcias resignation by creating
7
these intolerable working conditions.
8
170. The details of the intolerable conditions are outlined throughout
9
this Complaint, while the specific details of the constructive discharge are
10
outlined in paragraphs 88 through 117, above. Each of those paragraphs is
11 specifically incorporated by reference into this paragraph.
12 171. The constructive discharge of Ms. Garcia was performed with a
13 motive in violation of a fundamental statutory or public policy, since the
14 constructive discharge was based on and motivated by her status as a
15 transgender woman. Ms. Garcias constructive discharge was in violation of
16 the fundamental public policies that underlie and give rise to Title VII, FEHA,
17 FMLA, and CFRA.

172. As a direct, foreseeable and proximate result of Defendants illegal
18
constructive discharge of her, Ms. Garcia has suffered and will continue to
19
suffer substantial lost earnings, lost employment benefits, and other financial
20
losses, and has suffered and will continue to suffer humiliation, embarrassment,
21
mental and emotional distress, and psychological and medical illness, in an
22
amount to be proven at trial.
23
24 FIFTH CAUSE OF ACTION

25 VIOLATION OF FMLA, 29 U.S.C. 2615(a), INTERFERENCE
27
-68- COMPLAINT
28
4
paragraph.
174. Forever 21 is covered by the Family Medical Leave Act. It is an
5
employer as defined by the FMLA, and has over 50 employees.
6
175. Ms. Garcia was undoubtedly eligible and entitled to FMLA leave
7
for the first three plus years at Forever 21. In fact, in her first three plus years at
8
the company, Ms. Garcia worked well over the 1,250 hour per year threshold
9
necessary for FMLA coverage to be triggered.
10
176. However, as a part of Mr. Ruiz and Mr. Voss campaign of
11 discrimination against Ms. Garcia, they deliberately reduced her hours below
12 the 1,250 per year threshold, in order to both force her resignation and
13 undermine her FMLA rights in the interim. Ms. Garcia desperately wanted
14 more hours, but whenever she would politely ask Mr. Voss if she could have
15 more hours, he would swiftly dismiss her question, with a statement such as
16 the store is not making much money or I just dont have enough hours to
17 give out. Of course, Ms. Garcia knew that these statements were not true,
because her colleagues hours were not being reduced, and they were not in
18
need of more hours. Apparently Mr. Voss wanted her to believe that the stores
19
financial situation only affected the amount of hours available to Ms. Garcia.
20
However, being the polite and subservient employee that she is, Ms. Garcia
21
never challenged him on his assertions.
22
177. When the protracted and intense discrimination of Ms. Garcia
23
eventually led to a series of medical and mental problems that required her to
24 exhaust her paid time off (as thoroughly described above), Mr. Voss texted Ms.
25 Garcia the following message: At this point if you cant return to work youll
26
27
-69- COMPLAINT
28
1 need to resign. You dont work enough hours a week to be eligible for taking a
2 leave of absence. I just checked on that.
3 178. Of course, the very reason Ms. Garcia did not work enough hours
4
to be eligible for taking a leave of absence is because Mr. Voss and Mr. Ruiz
deliberately cut her hours in order to punish her and discriminate against her for
5
being transgender. It was therefore very convenient that Ms. Garcia did not
6
have enough hours to qualify for the very FMLA leave that she needed in
7
order to address the serious medical and psychological problems that were
8
caused by Forever 21s vicious acts of discrimination.
9
179. Indeed, Forever 21s blatantly discriminatory acts triggered Ms.
10
Garcias need to take FMLA leave, yet she was no longer eligible for FMLA
11 leave because the discrimination also led to her hours being reduced below the
12 FMLA threshold, which in turn, allowed Forever 21 to claim that if she cannot
13 return to work, she must resign, since she is not eligible for leave. This was a
14 true masterpiece of discrimination by Forever 21.
15 180. Under 29 U.S.C 2615(a)(1), Interference involves an action by
16 an employer that materially interferes with an employees existing right to take
17 FMLA leave. One such example of an interference is terminating an

employee who is otherwise legally entitled to take FMLA leave and who is in
18
need of taking such leave, or about to take such leave.
19
181. By deliberately and in bad faith reducing Ms. Garcias hours below
20
the FMLA threshold (after over three years of her exceeding that threshold,
21
before transitioning into a woman), and then asserting that she is not eligible for
22
the leave of absence she desperately needed, Forever 21 interfered with and
23
violated Ms. Garcias FMLA rights.
24 182. By depriving Ms. Garcia of her right to the FMLAs protections
25 and benefits, including the right to take a leave of absence to address the serious
26 medical and mental problems with which she was dealing, Forever 21 caused
27
-70- COMPLAINT
28
1 Ms. Garcia to incur substantial monetary and non-monetary damages, in an

2 amount to be proved at trial.
4
SIXTH CAUSE OF ACTION
VIOLATION OF CALIFORNIA FAMILY RIGHTS ACT,
5
GOV. CODE 12945.2(a), INTERFERENCE
6
7
8
9
10
paragraph.
11 184. Forever 21 is covered by CFRA. It is an employer as defined by
12 CFRA, and has over 50 employees within a 75 mile radius of Ms. Garcia's
13 location.
14 185. Similar to the FMLA, CFRA requires employers to provide twelve
15 (12) weeks of leave for any employee who has been employed by the company
16 for over a year and has worked over 1,250 hours for the employer over the
17 previous year for family medical leave.

186. Each of the allegations in the preceding FIFTH CAUSE OF
18
ACTION (Violation Of FMLA, 29 U.S.C. 2615(a), Interference) is
19
specifically re-alleged and incorporated into this FOURTH CAUSE OF
20
ACTION. Just as those allegations support an interference claim under 29
21
U.S.C. 2615(a) of the FMLA, they equally support an interference claim
22
under 12945.2(a) of the CFRA.
23
187. By depriving Ms. Garcia of her right to CFRAs protections and
24 benefits, including the right to take a leave of absence to address the serious
25 medical and mental problems with which she was dealing, Forever 21 caused
26
27
-71- COMPLAINT
28
1 Ms. Garcia to incur substantial monetary and non-monetary damages, in an

2 amount to be proved at trial.
4
SEVENTH CAUSE OF ACTION
5
VIOLATION OF CALIFORNIA FAMILY RIGHTS ACT,
6
GOVERNMENT CODE 12945.2, INTERFERENCE (2)
7
8
9
10
11 paragraph.
12 189. As established above, Forever 21 is governed by the CFRA and
13 Ms. Garcia is a qualifying employee under the CFRA.
14 190. CFRA 12945.2 requires employers to inform employees of their
15 medical leave rights. Not only did Forever 21 not adequately or proactively
16 inform Ms. Garcia of her medical leave rights, but Forever 21 (through the text
17 message of Mr. Voss) provided false and misleading information regarding her
rights, in order to further the companys illegal (and ultimately successful)
18
attempt to force Ms. Garcia to quit.
19
191. By depriving Ms. Garcia of her right to CFRAs protections and
20
benefits, including her right to be provided with accurate and non-misleading
21
information regarding her medical leave rights, Forever 21 caused Ms. Garcia
22
to incur substantial monetary and non-monetary damages, in an amount to be
23
proved at trial.
24
25
26
27
-72- COMPLAINT
28
1 EIGHTH CAUSE OF ACTION

2 VIOLATION OF CALIFORNIA LABOR CODE 226
3 (By Ms. Garcia Against Forever 21)
4
5
6
paragraph.
7
193. Labor Code Section 226(a) requires employers, such as Forever
8
21, to furnish its employees with each wage payment an accurate, itemized
9
writing that shows gross wages earned, total hours worked, all deductions, net
10
wages earned, the inclusive dates of the period for which the employee is paid,
11 the name of the employee and the portion of his or her social security number as
12 required by law, and all applicable hourly rates in effect during the pay period
13 and the corresponding number of hours worked at each hourly rate by the
14 employee.
15 194. Forever 21 failed to provide Ms. Garcia (and other employees from
16 the Montebello store) accurate, itemized wage statements. At a certain point in
17 about 2015, the company stopped issuing written wage statements to the
employees. Apparently the company created an online database that allows
18
employees to view their itemized statements after logging in, but Ms. Garcia
19
(and other employees) were not informed of this feature. They were simply
20
told by management that the company no longer issues pay stubs. (Months
21
after leaving the company, Ms. Garcia learned of the existence of this database.)
22
195. Mr. Voss and Mr. Ruiz deliberately and in bad faith failed to
23
inform Ms. Garcia (and other employees) of the existence of the online
24 database, much less their login information.
25 196. As a result, Ms. Garcia was deprived of her right to receive
26 itemized wage statements with her paychecks. She was therefore forced to
27
-73- COMPLAINT
28
1 calculate her own hours, and present to management errors that she would find
2 (which were frequent). Management often refused to credit those missed hours.
3 197. In any event, by failing to provide Ms. Garcia itemized wage
4
statements, and failing to make such statements reasonably available to her (or
available at all), Forever 21 violated Labor Code 226(a).
5
198. As a direct, proximate and foreseeable result of its violation,
6
Forever 21 caused Ms. Garcia to incur substantial monetary and non-monetary
7
damages, in an amount to be proved at trial. Forever 21 is also liable for
8
statutory fines, penalties and damages under the Labor Code.
9
10
11 NINTH CAUSE OF ACTION

12 CALIFORNIA LABOR CODES 226.7, 512
14
17 paragraph.
200. Forever 21 routinely did not provide Plaintiff with meal breaks and
18
or 10-minute rest periods, as required by law. Ms. Garcia was often required to
19
work through her lunches, and was not compensated for that time worked.
20
Further, after Ms. Garcia would clock out, she was at times given additional
21
tasks to perform without pay.
22
201. Moreover, Forever 21s calculation of her total hours each
23
biweekly period was often rife with errors and omissions, which often went
24 uncorrected after she provided management with notice. As a result, Ms.
25 Garcia was not compensated for huge hours of work she performed over the
26 course of her employment at Forever 21.
27
-74- COMPLAINT
28
1 202. Labor Code 226.7 provides (a) No employer shall require any
2 employee to work during any meal or rest period mandated by an applicable
3 order of the Industrial Welfare Commission. (b) If an employer fails to provide
4
an employee a meal period or rest period in accordance with an applicable order
of the Industrial Welfare Commission, the employer shall pay the employee one
5
additional hour of pay at the employee's regular rate of compensation for each
6
work day that the meal or rest period is not provided.
7
203. Labor Code 512 provides an employer may not employ an
8
employee for a work period of more than five hours per day without providing
9
the employee with a meal period of not less than 30 minutes, except that if the
10
total work period per day of the employee is no more than six hours, the meal
11 period may be waived by mutual consent of both the employer and employee.
12 204. As a result, Ms. Garcia is entitled to all wages unlawfully withheld
13 by Forever 21 due to its failure to pay her for time worked during her rest and
14 meal breaks.
15 205. In addition to fines, penalties, and treble damages, Ms. Garcia is
16 also entitled by statute to recover reasonable attorneys' fees, costs of suit, and
17 interest on the unpaid amounts, pursuant to Labor Code sections 218.5 and
1194.
18
19
TENTH CAUSE OF ACTION
20
FAIR LABOR STANDARDS ACT
21
(By Ms. Garcia Against Forever 21)
22
23
25 paragraph.
26
27
-75- COMPLAINT
28
1 207. The allegations contained in the NINTH CAUSE OF ACTION,

2 which are incorporated by reference into this TENTH CAUSE OF ACTION,
3 also constitute a plain violation of the federal Fair Labor Standards Act.
4
208. By depriving Ms. Garcia of her meal breaks and rest periods, by
requiring her to work during these periods, and by requiring Ms. Garcia to work
5
at various off the clock intervals, Forever 21 violated the FLSA.
6
209. Pursuant to the FLSA, Ms. Garcia is entitled to all wrongfully
7
withheld wages, fines, penalties, treble damages, reasonable attorneys fees, and
8
costs of suit.
9
10
11 ELEVENTH CAUSE OF ACTION

12 NEGLIGENT HIRING / RETENTION OF EMPLOYEE
14
17 paragraph.
211. As plainly demonstrated throughout this Complaint, including in
18
the collection of employee declarations attached hereto, Mr. Ruiz and Mr. Voss
19
were extraordinarily unfit or incompetent to perform the work for which they
20
were hired, or to serve in the managerial positions in which they were placed.
21
212. Forever 21 knew or should have known that both of these
22
employees were unfit or incompetent for their positions, and that neither
23
individual should have been hired for the position in the first, and in any event,
24 that neither individual was fit to retain the position after their flagrant unfitness
25 revealed itself.
26
27
-76- COMPLAINT
28
1 213. Mr. Ruiz and Mr. Voss extreme unfitness for their managerial
2 positions, as revealed by the extremely hostile and discriminatory work
3 environment that they created, posed a particular risk for the Forever 21
4
employees that reported to them.
214. The unfitness of each of these employees caused Ms. Garcia
5
substantial financial, mental and emotional harm, as thoroughly outlined
6
throughout this Complaint.
7
215. Forever 21s negligence in hiring and retaining these two
8
employees was a substantial factor in causing Ms. Garcias harm.
9
10
11 TWELFTH CAUSE OF ACTION

12 NEGLIGENCE
14
17 paragraph.
217. As employers and supervisors, the Defendants possessed a duty of
18
care to all of their employees, including Ms. Garcia.
19
218. In subjecting Ms. Garcia to 2.5 years of extreme dehumanization
20
and discrimination, before forcing her out of the company, simply because she
21
is transgender, the Defendants breached their duty of care to Ms. Garcia.
22
219. Ms. Garcia incurred substantial financial, mental and emotional
23
harm and damages as a proximate result of the Defendants breaches.
24
25
26
27
-77- COMPLAINT
28
1 THIRTEENTH CAUSE OF ACTION

2 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
4
5
6
paragraph.
7
221. In subjecting Ms. Garcia to 2.5 years of extreme dehumanization
8
and discrimination, before forcing her out of the company, simply because she
9
is transgender, the Defendants committed an orchestrated set of actions that
10
were intentional, extreme, and outrageous. Defendants actions were done with
11 the intent of causing serious emotional distress or with reckless disregard of the
12 possibility of causing Ms. Garcia serious emotional distress.
13 222. As a direct, legal, and proximate result of Defendants extreme and
14 outrageous words and actions towards her, Ms. Garcia has suffered severe
15 humiliation, severe mental anguish, and severe emotional distress, and is now
16 struggling with major depression, a serious anxiety disorder, and panic disorder.
17 Defendants are liable for all of Ms. Garcias financial and non-financial injuries
that have proximately resulted from their extreme and outrageous conduct, in an
18
amount to be proven at trial.
19
20
21
FOURTEENTH CAUSE OF ACTION
22
PROMISSORY ESTOPPEL
23
(By Ms. Garcia Against Forever 21)
24
25
26
27
-78- COMPLAINT
28

3 paragraph.
4
224. At the time of Ms. Garcias employment, Forever 21 provided Ms.
Garcia with an Employee Handbook that contained several clear and
5
unambiguous representations or promises, including the following:
6
7
The Company does not tolerate discrimination in any aspect of its
8
business practices. The Company prohibits any form of
9
discriminatory conduct toward our employees, applicants,
10
independent contractors, customers, vendors, or suppliers. The
11 Company is committed to conducting business without regard to
12 race, religion, color, sex, sexual orientation, gender identity,
13 national origin, ancestry, citizenship status, age, uniform-service
14 membership status, marital status, pregnancy, medical condition or
15 disability in accordance with applicable international, federal,
16 state, and local laws. (Emphasis added.)
17
225. Ms. Garcia relied on these representations in choosing to continue
18
to stay at Forever 21 before beginning her transition into a woman, believing
19
(albeit falsely) that she will not be discriminated against or mistreated on the
20
basis of her gender identity (i.e., for being transgender). Before beginning
21
her transition, it would have been much easier for Ms. Garcia to obtain other
22
employment. However, in reasonable reliance on Forever 21s above written
23
representations, including that the company does not tolerate discrimination in
24 any aspect of its business practices, Ms. Garcia elected to remain at Forever 21
25 and transition into a woman while at Forever 21.
26
27
-79- COMPLAINT
28
1 226. In light of Forever 21s unambiguous written representations, Ms.

2 Garcias reliance on those representations was reasonable and foreseeable.
3 227. Forever 21s representations turned out to be false. The truth was
4
that the company was extremely tolerant of discrimination against transgender
employees, as illustrated throughout this Complaint. Had Ms. Garcia known
5
the truth while she was employed at Forever 21, she would have sought and
6
obtained other employment at a company that did not discriminate against
7
transgender employees before beginning her transition. However, in direct
8
and reasonable reliance on Forever 21s (false) representations, Ms. Garcia
9
remained at Forever 21 and elected to begin transitioning while at Forever 21,
10
inaccurately believing this would be a safe decision that would be respected and
11 honored by the company.
12 228. Of course, once she transitioned, Ms. Garcia suffered extreme and
13 constant discrimination on the basis of her gender identity in direct violation
14 of the written representations upon which she relied.
15 229. As a proximate result of Ms. Garcias reliance on Forever 21s
16 false representations, Ms. Garcia has incurred, and continues to incur,
17 substantial financial, mental and emotional damages, including but not limited
to the fact that it is significantly more difficult (and in fact, virtually impossible)
18
to obtain new employment now that she openly presents as a woman, thus
19
depriving Ms. Garcia of wages that she otherwise would be earning had she not
20
relied upon Forever 21s false representations. Moreover, all of the mental and
21
emotional distress Ms. Garcia has incurred as a result of Forever 21s
22
discrimination, as well as all of the serious mental health and medical problems
23
from which she now suffers, would have been avoided had she not relied upon
24 Forever 21s false representations.
25
26
27
-80- COMPLAINT
28
1 FIFTEENTH CAUSE OF ACTION

2 CAL. BUSINESS & PROFESSIONS CODE 17200
4
5
paragraph.
6
231. The widespread, unlawful actions and practices of Defendants, as
7
alleged throughout this Complaint, constitute unlawful, unfair and fraudulent
8
business acts and practices in violation of Section 17200 et seq. of the
9
California Business & Professions Code.
10
232. As a proximate result of Defendants unlawful, unfair and
11 fraudulent business acts and practices, Ms. Garcia has suffered substantial
12 monetary and non-monetary injuries.
13 233. Accordingly, Ms. Garcia is entitled to equitable relief, including
14 restitution, and any other appropriate relief authorized by Section 17200 et seq.
15 of the California Business & Professions Code.
16
17
PRAYER FOR RELIEF
18
19
WHEREFORE, Ms. Garcia prays for judgment as follows:
20
(A) For a declaration that Defendants violated the various Federal and
21
California statutory and common laws identified above;
22
(B) For compensatory and actual damages, based on Defendants
23
widespread violations of law, including to compensate Ms. Garcia for the
24 significant emotional, mental and psychological injures she has suffered as a
25 result of the discrimination and other illegal actions she has endured, in an
26 amount to be proved at trial;
27
-81- COMPLAINT
28
1 (C) For consequential damages, based on all injuries and losses that
2 proximately flowed from the Defendants violations of law, including but not
3 limited to lost future earnings, lost Social Security benefits, and future out-of-
4
pocket expenses for the mental and medical services Ms. Garcia will need in
order to treat the serious injuries caused by Defendants, in an amount to be
5
proved at trial;
6
(D) For restitution, as is permitted by Section 17200 or other
7
applicable laws;
8
(E) For statutory fines, penalties, and damages (including treble
9
damages), based on each of the statutes Defendants have violated;
10
(F) For punitive and exemplary damages based on Defendants willful,
11 malicious, wanton and fraudulent misconduct, in an amount to be proved at
12 trial;
13 (G) For an injunction mandating that Forever 21 adopt a meaningful,
14 global anti-discrimination policy that protects its LGBT employees from
15 discrimination and bigotry, which policy must include a valid enforcement
16 component with teeth;
17 (H) For pre- and post-judgment interest;

(I) For the reasonable attorneys fees and costs that Ms. Garcia has
18
been forced to incur in filing and prosecuting this suit; and
19
(J) For any such further relief that the Court deems just and proper.
20
21
22
DEMAND FOR A JURY TRIAL
23
24 Ms. Garcia demands a jury trial on all causes of action triable by jury.
25
26
27
-82- COMPLAINT
28
1
Dated: February 13, 2017 KILOMETER PARTNERS, LLP
2
4
By:
5
Jarrett A. Green
6
7 Attorneys for Anastasia (Mark) Garcia
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
-83- COMPLAINT
28

Forever 21

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Case 2:17-cv-01243 Document 1 Filed 02/16/17 Page 1 of 84 Page ID #:1

1 JARRETT A. GREEN (SBN 237443)

1 Plaintiff Anastasia Garcia, aka Mark Garcia (Ms. Garcia) hereby

17 3. This Court has personal jurisdiction over Defendant Forever 21,

3 5. Defendant Forever 21, Inc. (Forever 21) is a California

3 9. This case involves a campaign of blatant discrimination by Forever

16 12. Unfortunately, Forever 21s treatment of Ms. Garcia drastically

3 the issue of liability cannot seriously be questioned. Forever 21s

9 Ms. Garcia was demoted from her role as cashier and

11 Ms. Garcias hourly pay was reduced from $10.50 to

13 Ms. Garcias hours were significantly cut in 2015 compared

20 Ms. Garcia was denied a year-end review for calendar year

1 medical problems as a result of the protracted, severe

14 thoroughly outlined below. Ms. Garcia never experienced these sorts of

16 30. Ms. Garcia quickly built a reputation within Forever 21 as a very

17 hard-working employee who was very knowledgeable about the merchandise

3 on her part. (Because Ms. Garcia commenced her employment in November

17 among Forever 21 employees. Indeed, countless of Ms. Garcias coworkers

1 Everything Changes When Ms. Garcia Transitions Into

3 38. Unfortunately, Forever 21s treatment of Ms. Garcia drastically

16 blatant disdain for gays and transgendered people. As explained in detail

13 Ms. Garcias Manager, Mr. Ruiz, Goes On Regular Religious Rants

16 Violating Gods Will And Going To Hell

1 49. Some examples of Mr. Ruizs blatantly illegal and discriminatory

3 employees of Forever 21:

6 In my time at Forever 21, I saw the manager Manny constantly

1 I also remember Mr. Ruiz posting transphobic or homophobic

22 The Manny Ruiz is an exceptionally inappropriate manager. He

1 store with him, he spends the clean-up time going on a biblical

9 Manny Ruiz was highly unprofessional and inappropriate as a

1 current employee of Forever 21 and I dont want her to suffer

3 Manny has subjected me to many of his religious rants many of

22 Once I remember overhearing Manny tell several employees that

3 Manny was particularly against Anastasia for being transgender,

1 Forever 21s Openly Transphobic And Homophobic Manager Treats

3 Her Status As A Transgender Woman

14 Manny has a particularly strong dislike of transgender people,

1 punishes her for this. He will yell at her to go back to your

8 Another example of how he treats Anastasia horribly and

22 Manny was extremely arrogant, rude and condescending to

19 Manny treated Anastasia worse than any other employee, and I

1 prestigious position. (She was promoted to cashier before Manny

3 In my approximately two years at Forever 21, I witnessed how

8 Manny would also refuse to acknowledge Anastasias presence as

12 I was very disappointed by the transphobic and discriminatory

1 Anastasia werent transgender, they would have celebrated her

18 I also recall Beau having no kindness or respect for Anastasia, and

1 uncomfortable and awkward to watch and to be around. I have

1 her on his behalf, if he needed to give her a message. It was clear

6 Manny treated Anastasia horrifically. In an incredibly

10 Anastasia is a tender and sensitive person, and I would see her

16 Manny would treat Anastasia differently than any other

22 It was clear to me that Manny was isolating Anastasia and treating

1 I dont believe the Forever 21 managers treated Anastasia Garcia

19 54. Apart from the dehumanizing and emotionally abusive treatment

1 Ms. Garcias hourly pay was reduced from $10.50 to

3 Ms. Garcias hours were significantly cut in 2015 compared

10 Ms. Garcia was denied a year-end review for calendar year

1 Ms. Garcias Manager Refuses To Honor Her

3 Against Her By Deliberately Referring To Her As Him

17 of their very identity.

1 60. Unsurprisingly, Mr. Ruiz constantly engaged in this particular

1 tearing up at work, and in several instances, saw her crying in the

5 Manny also constantly refers to Anastasia as him and he.