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Employment Law
Sexual Harassment
National Origin Discrimination

Javier Moncayo v. Holiday Inn, Aqua Enterprises Inc., Intercontinental Hotels Group Resources

Published: May 15, 2010 | Result Date: Mar. 1, 2010 | Filing Date: Jan. 1, 1900 |

Case number: CIV478734 Verdict –  Defense

Court

San Mateo Superior


Attorneys

Plaintiff

Mathew N. Stephenson


Defendant

Charles J. Smith

Timothy C. Davis

Shirley Wang


Facts

Plaintiff Javier Moncayo worked for defendants Houlihan's and Holiday Inn as a server, breakfast supervisor, and banquet manager beginning Sept. 1, 2006 until Nov. 23, 2007. Moncayo was employed directly by defendant Aqua Enterprises Inc. Moncayo filed suit against Holiday Inn and Aqua Enterprises, alleging sexual harassment, national origin harassment, retaliation, failure to prevent harassment and retaliation, wrongful discharge, failure to pay wages for meal and rest breaks, and waiting time penalties.

Contentions

PLAINTIFF'S CONTENTIONS:
Moncayo contended that Holiday Inn and Aqua Enterprises were an integrated enterprise liable as his employer. Moncayo also alleged that the companies tolerated a hostile environment based on race and gender, retaliating against him with termination three days after he talked with the Equal Employment Opportunity Commission. Moncayo stated that the companies failed to investigate his harassment claims and that he had been misclassified as an exempt employee and denied overtime, rest and meal breaks.

DEFENDANTS' CONTENTIONS:
Holiday Inn and Aqua Enterprises denied any wrongdoing, arguing that Moncayo deliberately lied under oath and fabricated allegations. The defense further contended that Moncayo spent time with his future wife, a Holiday Inn housekeeper he married after he was terminated, instead of performing his job duties.

Damages

Moncayo sought damages for emotional distress and back pay.

Result

The jury rendered a verdict for the defense.

Length

six weeks


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