Trans woman Gretchen Diez files complaint vs. mall management for discrimination

Transgender woman Gretchen Diez has formally lodged a complaint over the alleged discrimination she experienced at the Farmer's Plaza Mall in Cubao, Quezon City earlier this week.

Diez, assisted by the Quezon City Pride Council and her legal counsel, filed the complaint against Araneta Center Inc., Starline Security Agency, Inc., and the sanitation services agency contracted by the Araneta Center, Inc. for violation of the city's Gender Fair Ordinance.

The complaint was received Friday afternoon by Quezon City Attorney Orlando Paolo Casimiro, who heads the city's legal department.

“S’yempre, the investigation will push through, tapos after that, we will be evaluating all the evidence,” Casimiro told reporters.

Diez, 28, ended up in handcuffs at the Quezon City Police Department (QCPD) Station 7 after trying to use the women's restroom at the Farmer’s Plaza on Tuesday.

She had recorded a video of her confrontation with a cleaning lady who led her out of the restroom, insisting that she use the male restroom instead.

Diez was later arrested, subjected to an investigation, and taken to the Quirino Memorial Medical Center to undergo medical examination.

She was eventually released in the evening after the mall’s management dropped the charges against her. The janitress involved has also issued an apology through a letter at the police station.

Diez pushed through with the complaint as the alleged discrimination against her took place amid the existence of Quezon City’s Gender Fair Ordinance.

The ordinance penalizes discrimination against the LGBT community, including heckling, verbal or non-verbal ridicule and vilification as well as the refusal of services and accommodations based on a person’s sexual orientation, gender identity and expression (SOGIE).

The ordinance also requires government agencies, private offices, and commercial establishments to designate toilet rooms and lavatories labelled as “all gender” comfort rooms.

Diez's complaint said the discriminatory acts Diez experienced were clear violations of the ordinance, particularly Sec. IV (5) which prohibits any person from “vilifying or ridiculing any person on the basis actual or perceived (SOGIE)”

She also claims there was a violation of Section IV (6) which says it shall be “unlawful to commit harassment, unjust detention, and involuntary confinement because of one’s (SOGIE)”; as well as Section IV (9) which prohibits “any act of discrimination or harassment based on actual or perceived (SOGIE), which demeans the dignity and self respect of a person.”

Diez added that her act of using the mall’s toilet facility was “innocent” and doing so was a matter concerning her right to health and hygiene. — MDM, GMA News