Brandy Livingstone, a biological man who identifies as a woman, has filed a lawsuit against Hooters for refusing to hire him — after he was told he lacks the “personality” and “image” for the role he is seeking.

Remarkably, the New York State Division of Human Rights determined that Hooters may have violated New York Executive Law 296 by refusing to hire the biological man and a hearing has been scheduled to adjudicate the case.

The allegations by Brandy Livingstone in the lawsuit have caused transgender activists to repeatedly target the restaurant in Colonie, New York.

“I’m suing Hooters for sex-based discrimination, on the basis of accommodation and on the basis of employment,” said Brandy Livingston, according to a report from News 10. “They would use male pronouns. They would refer to me as ‘he.’”

Livingston, who was banned from the premises after sexually harassing waitresses, claims that Hooters staff were unimpressed about his use of the women’s restroom.

“I overheard one of the servers after I left the restroom talking to one of the managers and said that, ‘Why are you allowing him in the women’s restroom?’ And the manager said, ‘Oh, I don’t like it any more than you do’,” he told News 10.

Despite repeated clashes with the staff, Livingston continued to frequent the location and applied to work at the Hooters restaurant three times.

“I said, do you want to see my experience or anything? Because I had previous jobs I had written down. And he said, “Oh, we don’t care about experience. We hire on the basis of personality. And there’s an image that needs to be met,” Livingston said.

News 10 reports:

Hooters has fired back. Saying through their lawyers, that Brandy was requested not to return to the restaurant because of what they say were her own offensive actions. They allege that Brandy on several occasions made sexually explicit comments to servers.

NEWS10’s Reporter, James De La Fuente told Brandy, “They just claimed that you had prior to transitioning and after you had, freely made multiple servers at the restaurant uncomfortable by informing them you wanted to marry them, discussing masturbation.”

To which Livingston replied, “That I never said anything about.”

De La Fuente then said, “at one point the Hooters company says that you had threatened to go to a gun range for practice for the next time you came to the restaurant.”

“My mom would take me to the gun range and for clay pigeon shooting, trap. I feel like one of the servers might have overheard what me and my dad were talking about and misunderstood what we were talking about,” explained Brandy.