Giant replies to antibias complaint

Giant Food Stores Co. recently replied to an antibias complaint filed by trans man Sam Melrath by denying most of the allegations in his complaint.

Between 2011-13, Melrath worked as a bagger at the Giant store in Huntingdon Valley. But Melrath claims his employment became intolerable because management continually pressured him to appear as a female. 

For instance, Melrath was pressured to let his hair grow long, wear a female nametag and uniform, act in a feminine manner and avoid any LGBT references. 

In 2013, Melrath quit his job, due to the alleged mistreatment, and filed a federal lawsuit against Giant in November.

In an 11-page reply brief filed Jan. 29, Giant denied any wrongdoing in the matter.

“Any action taken by [Giant] with respect to [Melrath] was taken in good faith, in a reasonable manner and fashion, and for legitimate and lawful reasons,” Giant’s brief asserts.

The brief also requests that Melrath’s complaint be dismissed, and that Giant’s legal fees be paid by Melrath.

Giant’s brief admits that Melrath was disciplined during his employment but claims the discipline was due to an “inappropriate conversation” initiated by Melrath. The brief also admits that Giant doesn’t have a formal policy regarding employee nametags. But it notes that Giant allowed a female employee to shorten her name to a unisex version on her nametag. 

Moreover, the brief contends that if Melrath experienced any difficulties during his employment, it was due to his own actions.

The Center City law firm of Saul Ewing, which is handling Giant’s defense, declined to comment for this story. 

Richard S. Swartz, an attorney for Melrath, couldn’t be reached for comment. 

Melrath is seeking an unspecified amount in damages, and he’s requested a jury trial. 

A pre-trial conference is set for 2 p.m. Feb. 18 in the chambers of U.S. District Judge J. William Ditter at the U.S. Court House in Center City.