Boston hotel settles discrimination complaint involving woman ejected from restroom; lawyer says she will sue

Attorney Lenny Kesten said Ansley Baker intends to file suit in Suffolk Superior Court, citing an initial statement about the incident from the hotel, which the Liberty has since disavowed. That statement indicated that a security guard took action because Baker and her girlfriend were in a stall together in violation of hotel policy.

Baker and her girlfriend, Liz Victor, have adamantly denied being in the stall together.

“Those responsible have not yet been held accountable,” Kesten said.

He said Baker and Victor initially just wanted an apology from the hotel and a refund of their entry fee for the Kentucky Derby-themed event.

“Somebody, I suspect more than one person, at the upper levels of the corporation decided to trash Ms. Baker and Ms. Victor, and we intend to expose what they did,” Kesten said.

A Liberty Hotel spokesperson said Monday that the establishment “has worked with the Massachusetts Commission Against Discrimination (MCAD) over the last five months to address this incident and help us strengthen our practices. We had sought to include Ansley Baker and Liz Victor in this process.”

The spokesperson said the hotel has “now reached agreement with MCAD to resolve the issue, committing to continued staff sensitivity training and other steps. We understand that Ms. Baker and Ms. Victor are indicating that they intend to pursue this separately and we will engage with them as appropriate.”

MCAD brought the complaint in June against the hotel, after Baker, of Dorchester, and Victor were ejected from the restroom in May, the commission said in a statement.

A security guard questioned Baker about her gender in the women’s restroom and when she showed her ID indicating that she is female, “the guard failed to remedy the situation and instead, continued to eject the couple from the premises,” MCAD said.

Baker and Victor spoke out against their treatment online, prompting the hotel to retaliate against the couple by issuing “a false statement to the media implying that the women were somehow in violation of the Liberty Hotel’s policies,” the commission said.

“This outrageous incident at the Liberty Hotel left these two women emotionally shaken, humiliated, and deeply distressed,” MCAD chairwoman Sunila Thomas George said in the commission’s complaint.

“They were denied services, subjected to demeaning treatment in front of other patrons of the hotel, and falsely accused of actions they did not commit, which is not only degrading, but unjust according to Massachusetts civil rights law,” George said.

Mark Fischer, the Liberty’s general manager, said Monday that he wanted “to offer another apology” to Baker and Victor for the incident.

“We deeply regret that our initial statement may have created unintended impressions about the actions of Ansley and Liz,” Fischer said. “That was not our intent.”

Kesten, however, said it was “most certainly” intended.

“Are you kidding me?” Kesten said. “This all happened because the Liberty Hotel employees decided that Ansley didn’t look the way that she should. Rather than apologize to them, they attacked them, and it wasn’t the security guard” who put out the initial statement.

Fischer said the hotel “is committed to learn from this and do everything we can so that nothing like it ever happens again. We have already held multiple staff sensitivity trainings and are working with the Massachusetts Commission Against Discrimination (’MCAD’) to continue this important work. We are grateful to the MCAD for its leadership and expertise in strengthening our practices.”

Fischer said everyone “should feel welcome and respected at the Liberty Hotel and our ongoing work with the MCAD only enhances our commitment to that pledge. We remain steadfast and committed to having an inclusive culture.”

In June, Kesten said the MCAD had taken a “a very rare step” in bringing the discrimination complaint on its own. Normally, aggrieved parties initiate such complaints.

“The commission has determined what had happened to these women was a violation of their civil rights and a matter of public concern,” Kesten told reporters as Baker and Victor sat beside him holding hands.

A hotel spokesperson said in June that a review of the incident found “the employee was in the wrong and his actions were well beyond regrettable.”

“No guest of ours should ever be treated in a manner that is anything other than respectful and welcoming,” the spokesperson said. “We apologize to our guests, and to our community particularly the LGBTQ+ community. We continue to work on making amends with Ansley and Liz while we have taken corrective action and sensitivity training.”

During the May incident, Baker had to use the restroom at one point, and Victor went in with her.

Shortly after the incident, Baker said Victor usually accompanies her to public restrooms because people have previously accused her of being a man.

But shortly after Baker entered a stall, a man banged on the door and told her to come out, she said. After she pulled up her shorts and stepped out, a security guard accused her of being a man in the women’s restroom and demanded to see her ID, Baker said.

Although Baker showed the guard her ID and Victor repeatedly told him she is a woman, the couple was escorted out of the hotel, she said. As they left the restroom, Baker said, a couple of other women made comments, calling her “a creep” and telling the guard to “get him out of here.”

In June, Baker said she had faced “comments” and “looks” when using the women’s room in the past, but the incident at the Liberty Hotel was her “worst nightmare coming true.”

“This is the first time that something like this has escalated to the degree that it did,” she said. “I wasn’t surprised that something escalated, but it was terrifying.”

On Monday, MCAD’s executive director, Michael Memmolo, said the case was especially relevant given the current political climate.

“At a time when protections for gender identity and sexual orientation are being challenged nationally, the MCAD remains committed to upholding these rights and holding businesses accountable to the law,” Memmolo said. “Our mission is to create a Commonwealth where discrimination is not only addressed but actively prevented.”

Material from previous Globe coverage was used in this report.

Travis Andersen can be reached at travis.andersen@globe.com.