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Employment Law
Sexual Harassment
Hostile Work Environment

Giovanni Leiva v. Strizzi’s Restaurants Inc.

Published: Aug. 11, 2012 | Result Date: May 7, 2012 | Filing Date: Jan. 1, 1900 |

Case number: CIVMSC10-02249 Verdict –  Defense

Court

Contra Costa Superior


Attorneys

Plaintiff

Daniel T. Pocklington

Stephan C. Williams


Defendant

Michael T. Lucey
(Gordon & Rees LLP)

Marie A. Trimble


Facts

On Nov. 29, 2009, Strizzi's restaurant hired Giovanni Leiva as a waiter. His employment was terminated in April 2010, and he later sued Strizzi's Restaurant Inc., alleging sexual harassment.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he suffered same-sex harassment, which he complained about to management, but management terminated him in retaliation for the complaints. He further alleged that Defendant created a hostile work environment by negligently failing to stop the harassment.

DEFENDANT'S CONTENTIONS:
Defendant argued that Plaintiff was fired because he performed inadequately by failing to appear for his shifts, coming to work late, wearing improper work clothing, and messing up customer orders. Further, Defendant argued that it looked into the complaints.

Damages

Plaintiff requested $60,000 for past and future loss of earnings.

Result

The jury's verdict favored the defense.

Deliberation

20 minutes

Poll

12-0

Length

six days


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