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Employment Law
Sexual Harassment
Hostile Work Environment

Maria Michael Spirtos v. Family Restaurants, Inc.

Published: May 23, 1998 | Result Date: Apr. 16, 1998 | Filing Date: Jan. 1, 1900 |

Case number: PC013002 Verdict –  $0

Judge

Jerold A. Krieger

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

J. Grant Kennedy


Defendant

Alfred Klein


Facts

Plaintiff Maria Michael Spirtos, a 40-year-old cocktail waitress, worked for El Torito in Northridge. She claimed that she was constantly harassed by the general manager for a period of 10 months. She alleged he made comments to the effect that she needed to get "screwed", and that if she got screwed by a Persian, it would put a smile on her face. She also alleged the general manager put a chocolate penis in his mouth and asked her when was the last time she had done that. The plaintiff brought this action against the defendant based on quid pro quo and hostile environment sexual harassment theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $100,000, later reduced to $50,000. The defendant made an offer of $10,000 during the mediation which was increased to $20,000 at the time of trial.

Other Information

The verdict was reahed approximately three years and seven months after the case was filed. MEDIATION: A mediation was held on Jan. 8, 1997, before Paul Fisher, resulting in no settlement. ARBITRATION: An arbitration was conducted before Jerry L. Webb on July 24, 1996. He awarded plaintiff $30,000 and defendant sought a trial de novo. Other employees testified that the plaintiff complained about the general manager and called him names, but that she never complained about sexual harassment.

Deliberation

four hours

Poll

11-1 (defense on quid pro quo sexual harassment; 11-1 (defense on hostile environment sexual harassment)

Length

seven days


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