WASHINGTON, D.C. – Today, America First Legal (AFL), in partnership with the Independent Women’s Forum (IWF) and Murphy Ball Stratton LLP, filed a lawsuit in Dallas County, Texas state district court against Trans-Siberian Orchestra, Inc. (TSO) and other entities alleging unlawful retaliation against a female employee after she reported multiple incidents of sexual harassment by a biological male identifying as a woman.
The lawsuit names TSO, Night Castle Management, Inc., Wild Child Touring, Inc., Production Resource Group, LLC (PRG), and Showpay, LLC as defendants and alleges TSO and the other entities violated Title VII of the Civil Rights Act of 1964 and Texas labor laws.
AFL’s client, Jessica Featherston, is a professional lighting technician who worked for PRG on eleven tours and events since 2015. In 2022, Michael Robertson, a biological male identifying as a woman, worked for a TSO partner company as a crew chief on the tour.
AFL’s lawsuit alleges that Robertson routinely violated workplace boundaries and repeatedly engaged in inappropriate and sexually harassing behavior and intimidation against AFL’s client. In addition, Robertson would deliberately wait in the bathroom until female crew members entered so that Robertson could shower naked with the women, including Ms. Featherson.
AFL’s lawsuit further alleges that TSO and PRG failed to address Featherston’s sexual harassment reports and retaliated against AFL’s client by removing her from the 2024 tour.
Key allegations in AFL’s lawsuit include:
- On November 17, 2023, in West Virginia, Roberston waited for Ms. Featherston and other crew members to enter the women’s locker room and then pressured her and the other women present to shower together, saying, “Hey girls, now that we are all here, let’s all get naked and have girls’ shower time.”
- On November 18, 2023, in South Carolina, Ms. Featherston entered the women’s locker room and found Robertson there, with fully exposed male genitalia, waiting for other female crew members, more than forty-five minutes after his shift had ended. When Ms. Featherston reported this incident, her crew chief mocked her for needing “safe showers.”
- On November 19, 2023, in North Carolina, Ms. Featherston again encountered Robertson in the women’s locker room after Robertson’s scheduled shower time. Robertson, who was not fully dressed, became physically and verbally aggressive and told Ms. Featherston, “If you felt uncomfortable showering with me, you should have come to me and not to production.”
- Following this confrontation in the women’s locker room, Robertson placed soiled underwear in Ms. Featherston’s sleeping area at least twice to intimidate or harass her. During the same period, Robertson suddenly and without permission entered Ms. Featherston’s bunk space, screaming, “I’m here!” and shoving his face into hers.
According to the petition, in February 2024, Ms. Featherston reported Robertson for sexual harassment to a PRG labor coordinator. She was assured that her complaint would not have any repercussions on her future employment with the company, including her ability to work on the upcoming Foo Fighters tour she had been promised several months prior, based on her skills and merit.
However, Ms. Featherston alleges that just days after reporting Robertson’s sexual harassment, she was abruptly removed from the Foo Fighters tour roster without any explanation. Meanwhile, her male replacement allegedly performed poorly and even publicly sexually harassed female employees while on tour.
AFL’s lawsuit demands the Trans-Siberian Orchestra and its partners be held accountable for allowing workplace harassment to occur unchecked and without consequences and for punishing AFL’s client for speaking up and trying to protect herself.
AFL remains committed to ensuring that Americans who experience harassment and intimidation in the workplace are not retaliated against by their employers for defending their rights.
Statement from Nick Barry, America First Legal Senior Counsel:
“Transgender activists always say to those who object: “Why do you care, it doesn’t harm you!” Here, it harmed our client and the other women on the tour. Being transgender doesn’t grant a free pass to sexually harass your coworkers. It is unbelievable that a fully intact man was demanding to use communal showers with women, and it was tolerated. Women should feel safe at work and in women-only communal spaces. When employers permit sexual harassment to occur and retaliate against complainants, they should expect to be held accountable,” said Nick Barry.
Statement from Laura Stell, America First Legal Counsel:
“Employer retaliation against victims of sexual misconduct is illegal and will not be tolerated. ‘Transgender’ status does not place anyone above the law, and companies that silence victims in violation of federal law will be held accountable—America First Legal will see to it,” said Laura Stell.
Statement from Beth Parlato, Independent Women’s Forum Senior Legal Advisor:
“Independent Women’s Forum is committed to fighting for women, and we look forward to partnering with AFL and Murphy Ball Stratton LLP to seek justice for Jessica Featherston and ensure her voice is heard. All individuals deserve to work in an environment free from harassment and fear of retaliation,” said Beth Parlato.
Statement Michelle Stratton, Murphy Ball Stratton LLP Lead Counsel:
“Murphy Ball Stratton LLP is proud to represent Jessica Featherston in vindicating her rights and is honored to partner with AFL and IWF in the pursuit of justice,” said Michelle Stratton.
Read the lawsuit here.
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