The trouble started for Sam Melrath when he cut his hair.
When the trans man from Northeast Philadelphia revealed a close crop during a fall 2013 shift at the Giant Food Store in Huntingdon Valley, his manager pulled him aside. Melrath thought his manager would compliment the new look. Instead, she said it would create a problem because customers “might mistake [him] for a man.”
“She said, ‘That’s not how we do things here,’” Melrath told PGN this week.
About two months later, Melrath said his manager informed him that the uniform policy had changed. Instead of everyone wearing the same shirts, men would wear collared shirts and women would wear low-cut T-shirts that Melrath said showed cleavage.
“I knew I would feel uncomfortable,” he said. “I was scared because I thought I wouldn’t get another job. Giant’s a big corporation. If they can’t accept me, will anybody?”
Melrath filed a discrimination claim Nov. 11 in U.S. District Court against the grocery chain.
Samantha Krepps, a Giant spokesperson, told PGN that the company’s policies “strictly prohibit discrimination of any kind, including based on gender identity, and we note that the U.S. Equal Employment Opportunity Commission has dismissed this complaint based upon its own investigation. We cannot comment further on this pending litigation.”
Melrath, now 22, started as a bagger with Giant in 2011 while he was a student at Abington High School. He always presented as male and would be open about his identity with coworkers, but said he felt pressured to act feminine by management. Melrath didn’t recall if Giant asked him to identify his gender on the job application.
“When I started telling people more about myself is when they started telling me I couldn’t do things,” Melrath said.
Melrath said his manager harassed him for cutting his hair short and refusing to wear the female uniform, and that she didn’t allow him to speak to another manager to resolve the issues.
Krepps noted that “Giant associates are encouraged to report any workplace concerns, including any complaints of discrimination or harassment, and are informed that they may do so by speaking with their store manager, another member of management or the Giant human-resources department. Associates may also report concerns anonymously through a toll-free phone number 24 hours a day, seven days a week.”
Krepps added that “Giant associates can wear any authorized uniform, whether designed for a man or woman, at their discretion.”
Melrath, however, alleged, his manager would not allow him to have “Sam” on his nametag and instead required him to use “Samantha.” A female employee named Samantha was allowed to shorten her name to Sam, according to the complaint he filed.
Melrath also claimed he was disciplined for talking to a coworker about his girlfriend. Melrath was told to “act normal” in the written discipline for having an “inappropriate conversation,” the suit states.
Melrath said he quit his job in late 2013 as a result of his treatment.
The suit seeks unspecified damages.
Melrath said his high-school guidance counselor convinced him to seek legal recourse.
“She said, ‘What if others aren’t as strong as you?’” Melrath said. “I thought about what would happen if someone in my position didn’t have any support.”
He added he’s always felt supported by his family and fiancé, whom he met two years ago. Melrath also found new employment at Planet Fitness, “a judgment-free zone,” Melrath said, quoting the company’s slogan, and Spencer’s, where “they like everybody.”