A Minnesota teenager filed a charge of discrimination against a Buffalo Wild Wings restaurant Tuesday, alleging a server followed her into the women’s restroom and demanded she “prove” she was a girl.
Gerika Mudra, 18, went to dinner in April with a friend in Owatonna, about an hour south of Minneapolis. When she went to the restroom, a server followed her inside and banged on the stall door while saying: “This is a women’s restroom. The man needs to get out of here,” according to Gender Justice, a Minnesota gender-equality organization that filed the charge on Mudra’s behalf.
Mudra, a biracial lesbian who isn’t transgender, said that she has been in similar situations before, when people have suggested she’s in the wrong restroom, but tat when she tells them she’s a woman they leave her alone. However, when she came out of the stall at Buffalo Wild Wings and told the server, “I am a lady,” she said, the server responded, “You have to get out now,” Gender Justice said in a statement.
Mudra said she felt she had to prove to the server that she is a woman, so she unzipped her hoodie to show she has breasts. The server didn’t say anything in response but left the restroom, Mudra said.
“She made me feel very uncomfortable,” Mudra said. “After that, I just don’t like going in public bathrooms. I just hold it in. … I want to be able to use the bathroom in peace.”
Inspire Brands, which represents Buffalo Wild Wings, didn’t immediately respond to a request for comment.
Gender Justice filed the charge of discrimination with the Minnesota Department of Human Rights, arguing that what happened to Mudra violates the state’s Human Rights Act, which protects people from discrimination based on gender identity and sexual orientation, among other protected statuses.
Sara Jane Baldwin, senior staff attorney at Gender Justice, said at a news conference Tuesday that even though Mudra isn’t trans, the server’s actions “were based on assumptions that she made about” Mudra, and that Minnesota’s law protects against discrimination based on stereotypes or assumptions about protected characteristics like gender identity.
“Businesses have a legal obligation not to just have antidiscrimination policies on paper, but to train staff and ensure that those policies are followed in real time,” Baldwin said. “When that doesn’t happen, the business is liable for the harm caused.”
Gender Justice said Mudra’s experience “reflects a broader climate of fear and suspicion aimed at anyone who doesn’t conform to narrow expectations of what girls and women ‘should’ look like.” That suspicion has been driven largely by the wave of state legislation targeting trans people, particularly their access to school sports and bathrooms that align with their gender identities, though Minnesota hasn’t enacted any such legislation.
Nineteen states have laws that prohibit trans people from using bathrooms that align with their gender identities in K-12 schools, and in many of those states the restrictions apply to other government-owned buildings, as well, according to the Movement Advancement Project, an LGBTQ think tank. Twenty-seven states prohibit trans people from playing on school sports teams that align with their gender identities.
Even before such laws, trans people had long reported facing harassment in public restrooms and avoided using them as a result. There have been several reports this year of women who aren’t transgender alleging harassment in public restrooms because they were suspected of being trans, including at the U.S. Capitol in January, Phoenix in February, Florida in March and Boston in May.
“This kind of gender policing is, unfortunately, nothing new,” Megan Peterson, executive director at Gender Justice, said in a statement. “And yet, in our current climate we have to ask: What if Gerika had been a trans person? Would this story have ended differently? That’s the terrifying reality too many trans people live with every day.”
Even if Mudra had been trans, she would be able to file a discrimination complaint under state law in Minnesota, which is one of 21 states and Washington, D.C., that explicitly prohibit discrimination based on sexual orientation and gender identity in public accommodations, according to the Movement Advancement Project. Two states explicitly prohibit discrimination based on sexual orientation only, and six additional states interpret existing measures against discrimination based on sex to also include discrimination based on sexual orientation and gender identity. Twenty-one states don’t have explicit protections from discrimination based on gender identity in public accommodations.
