Confidential
Settlement – $200,000Court
USDC Northern
Attorneys
Plaintiff
Defendant
Frank R. Ubhaus
(Berliner Cohen)
Eileen P. Kennedy
(Berliner Cohen, LLP)
Facts
Seven female waitresses in their 20s who were employed at The Fish Hopper Restaurant in Monterey from 1997
to 2003 alleged they were victims of sexual harassment. One of the women contacted the Equal Employment
Opportunity Commission (EEOC) who, in turn, sued The Fish Hopper and its owner, Rowtown Inc., alleging
sexual harassment under Title VII of the Civil Rights Act.
Contentions
PLAINTIFFSÆ CONTENTIONS:
The plaintiffs contended that male co-workers, including their supervisor,
touched, whistled, and made inappropriate comments about their body parts. The plaintiffs claimed that they
filed complaints with the management, which did not take any action to stop the harassment. In addition, one
of the plaintiffs claimed that she was targeted for more harassment after she complained and quit her job as a
result. She alleged constructive discharge.
DEFENDANTÆS CONTENTIONS:
Defendant Rowtown contended that the plaintiffs actually instigated the
treatment and that it did nothing wrong.
Damages
On behalf of the plaintiffs, the EEOC sought damages for economic and non-economic damages. It also requested the defendant revisions to its personnel policies.
Result
The parties settled for $200,000. The settlement contained a non-admission of liability clause. It required the defendant to take affirmative steps to correct its personnel and reporting policies.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390