Confidential
Settlement – $35,000Judge
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
Facts
Raymine M. Rajewski filed an EEOC complaint against Perko's Cafe in Jackson, where she worked as a waitress. She claimed that some of her coworkers were being harassed and were subjected to disparate treatment by their white manager because they are of Mexican descent. The EEOC filed a class action on behalf of Rajewski, Nicole Lara, a fellow waitress, and several dishwashers against the cafe's owner, Lambka & Renfroe LLC. The EEOC complaint alleged that the harassment of the Mexican workers created a hostile work environment.
Contentions
PLAINTIFFS CONTENTIONS:
Rajewski alleged that from January 2001 to June 2002, the white manager of the cafe harassed Lara and several of the dishwashers and subjected them to disparate treatment because they are Mexican. The dishwashers claimed that the manager mocked their English, disparaged them by calling them "greasers," "lazy," "stupid," and "liars and cheats," and suggested that they "go back to Mexico." Moreover, the manager gave them more work that was not required of their Caucasian co-workers. Lara also alleged that she was continuously assigned the sections of the cafe known for yielding the lowest tips.
Settlement Discussions
Perko's Cafe agreed to pay plaintiffs a total amount of $35,000 in twelve quarterly payments for a period over three years without interest. Perko's Cafe also agreed to promulgate anti-harassment policies to its employees.
Damages
The Plaintiffs sought to recover for the alleged constructive discharge of two employees who were dishwashers for the Defendant; and for emotional distress suffered by each plaintiff. However, the amounts sought were not specified.
Injuries
The plaintiffs alleged constructive discharge of two of the employees and emotional distress.
Result
Perko's Cafe agreed to pay the plaintiffs $35,000 in twelve quarterly payments for a period of over three years, without interest. Perko's Cafe also agreed to promulgate anti-harassment policies to its employees.
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