2020 Tiamani T Chirse V Sweetgreen Inc Et Al SUMMONS COMPLAINT 1 PDF

FILED: NEW YORK COUNTY CLERK 10/09/2020 03:17 PM INDEX NO.
158419/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/09/2020
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
--------------------------------------------------------------x Index No.
TIAMANI T. CHIRSE,
Plaintiff, Plaintiff designates

NEW YORK COUNTY
As the place of trial
v. SUMMONS
SWEETGREEN, INC. and TERRY ARMFIELD,

individually,
The basis of venue is

Defendants’ Business
Located at:
413 Greenwich St
New York, NY 10013
Defendants.
--------------------------------------------------------------x
To the above-named Defendants:

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the plaintiff's attorney within 20 days after the service of this summons, exclusive
of the day of service (or within 30 days after the service is complete if this summons is not
personally delivered to you within the State of New York); and in case of your failure to appear
or answer, judgment will be taken against you by default for the inconvenience relief demanded
in the complaint.
Dated: Melville, New York
October 9, 2020
SLATER SLATER SCHULMAN LLP

445 Broadhollow Road, Suite 419
Melville, New York 11747
Attorneys for Plaintiffs
By:_______________________
John C. Luke, Jr.
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FILED: NEW YORK COUNTY CLERK 10/09/2020 03:17 PM INDEX NO. 158419/2020
Defendants’ Address:
Sweetgreen, Inc.
221 Pennsylvania Avenue
Washington, DC 20003
Terry Armfield
c/o Sweetgreen, Inc.
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COUNTY OF NEW YORK
-----------------------------------------------------------------------x Index No.
TIAMANI T. CHIRSE,
Plaintiff,
VERIFIED COMPLAINT
JURY TRIAL
DEMANDED
-against-
SWEETGREEN INC. and TERRY ARMFIELD,

individually,
Defendants.
------------------------------------------------------------------------x
Plaintiff, by his attorneys, Slater Slater Schulman LLP, complaining of Defendants
respectfully allege, upon information and belief, as follows:
BACKGROUND
1. Plaintiff worked for Defendants as a shift manager in New York County, State of New
York, from May 17, 2016 through January 31, 2019.
2. Plaintiff brings this action against Defendants for being subjected to gender/sexual,
discrimination, sexual harassment, hostile work environment, retaliation, and wrongful
discharge/constructive under the New York State Human Rights Law (“NYSHRL”) and
New York City Human Rights Law (“NYCHRL”).
PARTIES
3. Plaintiff Tiamini T. Chirse (hereinafter referred to as “Plaintiff”) was and still is a resident
of Kings County, State of New York.
4. Plaintiff is a covered employee within the meaning of N.Y. Exec. Law § 290 et seq.
(“NYSHRL”) and the New York City Human Rights Law.
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5. Defendant Sweetgreen, Inc., was and still is at all times herein mentioned, an American
fast casual restaurant chain that serves salads.
6. Sweetgreen Inc. manages a chain of salad restaurants.
7. Sweetgreen Inc. manages locations throughout New York City.
8. Defendant Sweetgreen, Inc. hereinafter (“Defendant” or “Defendants”) employed Plaintiff.
9. Terry Armfield hereinafter (“Defendant” or “Defendants”) was Defendant’s supervisor and
supervised Plaintiff at all relevant times.
10. At all relevant times, Defendant employer employed at least four (4) individuals.
11. Defendant employer is a covered employer within the meaning of N.Y. Exec. Law § 290
et seq. and New York City Human Rights Law and at all relevant times, employed Plaintiff.
12. Defendant employer is a covered employer with the meaning of the New York City Human
Rights Law and at all relevant times, employed Plaintiff.
FACTS
13. Plaintiff identifies as a transgender.
14. At all times Defendants knew that Plaintiff was transgender male.
15. Defendant hired Plaintiff on or around May 17, 2016 as a Shift Manager in New York,
New York.
16. His duties included closing, daily coaching, customer service, following store standards,
and making sure employees are following the same standards and store core values.
17. During his time employed with Sweetgreen Plaintiff was sexually harassed by a co-worker
who showed him pornographic pictures, told other employees that they were dating, and
that Plaintiff was her property.
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18. Plaintiff complained via email regarding the sexual harassment, but the harassment did not
stop.
19. Plaintiff experienced additional discrimination by his then manager, Defendant Armfield.
20. Defendant Armfield was also referred to as the Headcoach.
21. Plaintiff is a transgendered male.
22. Defendant Armfield routinely referred to Plaintiff as her/she.
23. Plaintiff made it known that he preferred the pronouns he/him.
24. Plaintiff corrected Defendant Armfield on every occasion that he was referred to
incorrectly.
25. Plaintiff complained of the discrimination to his area leader as well as the corporate office.
26. Plaintiff requested several transfers but was denied.
27. The reasons given to him were that he had the best relationship with the area manager.
28. However, Plaintiff made it clear that he was uncomfortable due to the ongoing
discrimination.
29. In retaliation, his hours were reduced by Defendant employer.
30. Defendants forced Plaintiff to withdraw his employment due to the harassment and
retaliation on or about January 31, 2019.
31. As a result of Defendants’ actions, Plaintiff felt extremely humiliated, degraded,
victimized, embarrassed and emotionally distressed.
32. As a result of the acts and conduct complained of herein, Plaintiff has suffered and will
continue to suffer the loss of income, the loss of salary, bonuses, benefits and other
compensation which such employment entails, and Plaintiff also suffered future pecuniary
losses, emotional pain, humiliation, suffering, inconvenience, loss of enjoyment of life, and
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other non-pecuniary losses. Plaintiff has further experienced severe emotional and physical
distress.
33. As Defendants’ conduct has been malicious, willful, outrageous, and conducted with full
knowledge of the law, Plaintiff demands punitive damages as against Defendants.
34. The above are just some examples of some of the discrimination and retaliation to which
Defendants subjected Plaintiff. Upon information and belief, the discrimination and
retaliation will continue after the date of this Complaint and Plaintiff hereby makes a claim
for all continuing future harassment and retaliation.
35. The Defendants exhibited a pattern and practice of not only discrimination but also
retaliation.
36. Plaintiff claims a continuous practice of discrimination and claims a continuing violation
and makes all claims herein under the continuing violations doctrine.
37. Upon information and belief, the discrimination and retaliation will continue after the date
of this complaint and Plaintiff hereby makes a claim for all continuing future harassment
and retaliation.
AS A FIRST CAUSE OF ACTION

FOR DISCRIMINATION UNDER STATE LAW
38. Plaintiff repeats and realleges each and every allegation made in the above paragraphs of
this complaint.
39. Executive Law § 296 provides that "1. It shall be an unlawful discriminatory practice: "(a)
For an employer or licensing agency, because of the age, race, creed, color, national origin,
sex, or disability, or marital status of any individual, to refuse to hire or employ or to bar
6 of 12
or to discharge from employment such individual or to discriminate against such individual
in compensation or in terms, conditions or privileges of employment."
40. Defendants engaged in an unlawful discriminatory practice by discriminating against the
Plaintiff because of his transgender status, sex discrimination, hostile work environment,
retaliation, and wrongful termination/constructive discharge.
41. Plaintiff hereby makes a claim against Defendants under all of the applicable paragraphs
of Executive Law Section 296.
AS A SECOND CAUSE OF ACTION

FOR DISCRIMINATION UNDER STATE LAW
this complaint.
43. New York State Executive Law §296(6) provides that it shall be an unlawful discriminatory
practice: “For any person to aid, abet, incite compel or coerce the doing of any acts
forbidden under this article, or attempt to do so.”
44. Defendants engaged in an unlawful discriminatory practice in violation of New York State
Executive Law §296(6) by aiding and abetting, inciting, compelling and coercing the
discriminatory conduct.
AS A THIRD CAUSE OF ACTION FOR

DISCRIMINATION UNDER CITY LAW
this complaint.
46. The Administrative Code of City of NY § 8-107 [1] provides that "It shall be an unlawful
discriminatory practice: "(a) For an employer or an employee or agent thereof, because of
the actual or perceived age, race, creed, color, national origin, gender, disability, marital
7 of 12
status, sexual orientation or alienate or citizenship status of any person, to refuse to hire or
employ or to bar or to discharge from employment such person or to discriminate against
such person in compensation or in terms, conditions or privileges of employment."
47. Defendants engaged in an unlawful discriminatory practice in violation of New York City
Administrative Code Title 8, §8-107(1)(a) by creating and maintaining discriminatory
working conditions, and otherwise discriminating against the Plaintiff because of his
transgender status, sex discrimination, hostile work environment, retaliation, and wrongful
termination/constructive discharge.
48. Plaintiff hereby makes a claim against Defendants under all of the applicable paragraphs
of New York City Administrative Code Title 8.
AS A FOURTH CAUSE OF ACTION FOR DISCRIMINATION UNDER

THE NEW YORK CITY ADMINISTRATIVE CODE
this complaint.
50. The New York City Administrative Code Title 8, §8-107(6) provides that it shall be
unlawful discriminatory practice: "For any person to aid, abet, incite, compel; or coerce the
doing of any of the acts forbidden under this chapter, or attempt to do so."
Administrative Code Title 8, §8-107(6) by aiding, abetting, inciting, compelling and
coercing the above discriminatory, unlawful and retaliatory conduct.
8 of 12
AS A FIFTH CAUSE OF ACTION FOR DISCRIMINATION UNDER

THE NEW YORK CITY ADMINISTRATIVE CODE
this Complaint.
53. The New York City Administrative Code Title 8, §8-107 (1) e provides that it shall be
unlawful discriminatory practice: “For an employer to discharge or otherwise discriminate
against any person because such person has opposed any practices forbidden under this
chapter.”
Administrative Code Title 8, §8-107 (1) e by discriminating against the Plaintiff because
of Plaintiff’s opposition to the unlawful employment practices of Plaintiff’s employer.
AS A SIXTH CAUSE OF ACTION FOR DISCRIMINATION UNDER

THE NEW YORK CITY ADMINISTRATIVE CODE SUPERVISORY
LIABILITY
this complaint.
56. Section 8-107(13) entitled Employer liability for discriminatory conduct by employee,
agent or independent contractor provides:
a. An employer shall be liable for an unlawful discriminatory practice based

upon the conduct of an employee or agent which is in violation of any
provision of this section other than subdivisions one and two of this section.
b. An employer shall be liable for an unlawful discriminatory practice based
upon the conduct of an employee or agent which is in violation of
subdivision one or two of this section only where: the employee or agent
exercised managerial or supervisory responsibility; or the employer knew
of the employee's or agent's discriminatory conduct, and acquiesced in such
conduct or failed to take immediate and appropriate corrective action; an
employer shall be deemed to have knowledge of an employee's or agent's
discriminatory conduct where that conduct was known by another employee
or agent who exercised managerial or supervisory responsibility; or the
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employer should have known of the employee's or agent's discriminatory

conduct and failed to exercise reasonable diligence to prevent such
discriminatory conduct.
57. Defendants violated the above section as set forth herein.
WHEREFORE, Plaintiff seeks a judgment against Defendants:
A. Declaring that Defendants engaged in unlawful employment practices prohibited by N.Y.
Exec. Law § 290 et seq., and New York City Human Rights Law, by discriminating and retaliating
against Plaintiff as a result of his protected statuses and activities.
B. Making Plaintiff “whole” for any losses suffered as a result of such unlawful employment
practices;
C. Awarding Plaintiff compensatory damages for mental, emotional and physical injury,
distress, pain and suffering and injury to his reputation;
D. Awarding Plaintiff attorney’s fees, costs and expenses incurred in the prosecution of the
action;
E. Awarding Plaintiff such other and further relief as the Court may deem equitable, just and
proper, to remedy Defendants’ unlawful employment practices.
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JURY TRIAL DEMANDED
Plaintiff demands a trial jury.
Dated: Melville, New York

October 9, 2020
Respectfully submitted,
SLATER SLATER SCHULMAN LLP
By: _______________________________
John C. Luke, Jr., Esq.
Attorneys for Plaintiff
445 Broad Hollow Road, Suite 419
Melville, New York 11747
(631) 420-9300
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COUNTY OF NEW YORK
x Index No.:
TIAMANI CHIRSE,
Plaintiff,
- against -
SWEETGREEN, INC. and TERRY ARMFIELD,

individually,
Defendants.
x
SUMMONS/COMPLAINT
Slater Slater Schulman LLP

Attorneys For Plaintiff
445 Broad Hollow Road - Suite
419 Melville, New York 11747
(631) 420-9300
CERTIFICATION
Pursuant to 22 NYCRR §130-1.1-a, the undersigned, an attorney duly admitted to

practice in the courts of the State of New York, certifies that, upon information and belief,
and reasonable inquiry, the contentions contained in the annexed document are not frivolous
as defined in subsection (c) of the aforesaid section.
John C. Luke Jr.
12 of 12

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FILED: NEW YORK COUNTY CLERK 10/09/2020 03:17 PM INDEX NO.

SUPREME COURT OF THE STATE OF NEW YORK

Plaintiff, Plaintiff designates

SWEETGREEN, INC. and TERRY ARMFIELD,

The basis of venue is

To the above-named Defendants:

SLATER SLATER SCHULMAN LLP

SUPREME COURT OF THE STATE OF NEW YORK

SWEETGREEN INC. and TERRY ARMFIELD,

Plaintiff, by his attorneys, Slater Slater Schulman LLP, complaining of Defendants

respectfully allege, upon information and belief, as follows:

York, from May 17, 2016 through January 31, 2019.

discrimination, sexual harassment, hostile work environment, retaliation, and wrongful

New York City Human Rights Law (“NYCHRL”).

of Kings County, State of New York.

(“NYSHRL”) and the New York City Human Rights Law.

fast casual restaurant chain that serves salads.

6. Sweetgreen Inc. manages a chain of salad restaurants.

7. Sweetgreen Inc. manages locations throughout New York City.

8. Defendant Sweetgreen, Inc. hereinafter (“Defendant” or “Defendants”) employed Plaintiff.

9. Terry Armfield hereinafter (“Defendant” or “Defendants”) was Defendant’s supervisor and

supervised Plaintiff at all relevant times.

Rights Law and at all relevant times, employed Plaintiff.

13. Plaintiff identifies as a transgender.

that Plaintiff was her property.

20. Defendant Armfield was also referred to as the Headcoach.

21. Plaintiff is a transgendered male.

22. Defendant Armfield routinely referred to Plaintiff as her/she.

23. Plaintiff made it known that he preferred the pronouns he/him.

26. Plaintiff requested several transfers but was denied.

29. In retaliation, his hours were reduced by Defendant employer.

retaliation on or about January 31, 2019.

31. As a result of Defendants’ actions, Plaintiff felt extremely humiliated, degraded,

victimized, embarrassed and emotionally distressed.

knowledge of the law, Plaintiff demands punitive damages as against Defendants.

for all continuing future harassment and retaliation.

AS A FIRST CAUSE OF ACTION

or to discharge from employment such individual or to discriminate against such individual

in compensation or in terms, conditions or privileges of employment."

40. Defendants engaged in an unlawful discriminatory practice by discriminating against the

retaliation, and wrongful termination/constructive discharge.

of Executive Law Section 296.

AS A SECOND CAUSE OF ACTION

forbidden under this article, or attempt to do so.”

AS A THIRD CAUSE OF ACTION FOR

discriminatory practice: "(a) For an employer or an employee or agent thereof, because of

employ or to bar or to discharge from employment such person or to discriminate against

such person in compensation or in terms, conditions or privileges of employment."

Administrative Code Title 8, §8-107(1)(a) by creating and maintaining discriminatory

of New York City Administrative Code Title 8.

AS A FOURTH CAUSE OF ACTION FOR DISCRIMINATION UNDER

Administrative Code Title 8, §8-107(6) by aiding, abetting, inciting, compelling and

coercing the above discriminatory, unlawful and retaliatory conduct.

AS A FIFTH CAUSE OF ACTION FOR DISCRIMINATION UNDER

unlawful discriminatory practice: “For an employer to discharge or otherwise discriminate

of Plaintiff’s opposition to the unlawful employment practices of Plaintiff’s employer.

AS A SIXTH CAUSE OF ACTION FOR DISCRIMINATION UNDER