Case details

Restaurant denied waitresses were discriminated against

SUMMARY

$1522.16

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
From June 2004 until October 2010, plaintiffs Senait Ahferon and Rahel Ahferon, two Ethiopian sisters, worked as waitresses for Everett & Jones Barbeque at the Jack London Square location in downtown Oakland. The Ahferon sisters claimed that they were not permitted to take meal and rest breaks during the time of their employment and that Everett & Jones failed to compensate them for overtime hours worked in excess of eight hours. They also claimed that Everett & Jones made illegal deductions from their pay checks and that they were harassed on a daily basis by the owners and managers of the restaurant due to their race and heritage. The sisters further claimed they were ultimately retaliated against when they were wrongfully terminated from their positions on Oct. 18, 2010. Senait Ahferon and Rahel Ahferon sued Everett & Jones Barbeque-Jack London LLC and Dorothy King Jernegan, the managing agent and believed owner of the restaurant. The Ahferons alleged that the defendants failed to pay overtime wages, provide meal and rest breaks, and provide and maintain accurate wage records. They also alleged that the defendants’ actions constituted racial and national origin discrimination, as well as retaliation. The claims of violations of Labor Code § 224 and the Business & Professional Code did not go to the jury. Plaintiffs’ counsel noted that the Ahferons’ managers were the daughters of the owners. Counsel contended the owners and managers of the restaurant would prevent the Ahferons from serving persons of perceived Ethiopian race and would prevent the sisters from speaking their Amharic language, though other employees were allowed to speak their first languages. Counsel also contended that the owners and managers would constantly accuse the sisters of being racist towards blacks, and ridicule them in meetings and in front of black guests. Plaintiffs’ counsel further contended that the owners and managers would ridicule the sisters for allegedly thinking they were better than blacks, and called the sisters ugly, princess, uneducated, Ethiopian princess, and racist. Defense counsel denied the Ahferon sisters were ever discriminated against based on their race or national origin. In addition, counsel contended that the sisters voluntarily resigned from their positions., The Ahferon sisters claimed they each suffered emotional distress as a result of their treatment at the restaurant and their eventual termination. Thus, they sought recovery for overtime pay and damages based on the California Labor Code. They also sought compensatory and punitive damages for their alleged wrongful termination.
COURT
Superior Court of Alameda County, Oakland, CA

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