HO-HO-KUS – A former employee of an Italian restaurant has filed a lawsuit alleging she was fired because she is transgender.

Crystal Aiello alleges that after working for Sicilian Sun for one day last September, owner James Boggio left a message for her indicating “other servers did not feel like you were a good fit.”

She did not receive the message in time and showed up for her shift the next day, only to be told another server was “uncomfortable” working with a transgendered woman, according to the complaint, filed Jan. 29 in Superior Court in Bergen County.

“Boggio confirmed that it was the staff, and not him, an owner, who makes the hiring decisions,” the suit says, adding that Aiello was informed her performance was not the reason she was let go.

The suit names the North Maple Avenue restaurant and Boggio as defendants.

Aiello's attorney, Kevin Costello, said: “We appreciate as civil rights attorneys the difficulties and challenges faced by transgendered people, in today’s America especially. We look forward to having process applied to Crystal’s case.”

The suit seeks lost wages, punitive damages and legal fees due to discrimination under the New Jersey Law Against Discrimination. According to the New Jersey Office of the Attorney General, the cited law “prohibits discrimination based on sexual or affectional orientation” in New Jersey.

When reached on Wednesday, Boggio chose not to issue a statement immediately. Court records did not list an attorney for Sicilian Sun as of Thursday.

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