Case details

Supervisor shortened shifts in response to complaints: bartenders

SUMMARY

$49000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2010, plaintiff Lana Baker, a bartender, began working at the Acapulco Inn in Belmont Shore. She ultimately left her position in January 2011. Another bartender at the Acapulco Inn, plaintiff Robin Smith, also left her position 2011. Both bartenders claimed that they were subjected to sexual harassment by their former supervisor and that when they complained, they were retaliated against. They claimed that the work environment became so intolerable that they were forced to quit. Baker and Smith sued their supervisor, Aristides Magdamo Gascon (also known as “Bob” Gascon), and their employer, Acapulco Inn Holdings LLC. Baker and Smith alleged that Gascon’s actions constituted sexual harassment and retaliation, resulting in their respective constructive discharges. They also alleged that Acapulco Inn was liable for Gascon’s actions and for failing to address the hostile work environment. Baker and Smith both claimed that Gascon touched their buttocks, would rub their backs to feel their bra straps, would grab their stomachs, would grab their sides, would hug them, and would touch them in additional ways that went beyond incidental contact. They alleged that Gascon invited them to Raging Waters, a water park, and to the Glen Ivy Spa for the express purpose of viewing them in their bathing suits. They also alleged that Gascon constantly criticized their weight in a fashion that he would not do for male employees. In particular, Baker and Smith claimed that Gascon told them that he was going to make a cardboard cutout of a skinny model and that if they did not fit through the cutout, they would be fired. They further claimed that there were numerous other comments regarding their bodies that caused them to be unnecessarily self-conscious regarding their body image and that when they complained about the sexual harassment, Gascon retaliated against them by reducing their shifts. Baker claimed that during once incident, she was cornered by two other female employees and told that they were going to take her job. She believed that Gascon was responsible for the alleged threat and that when she asked him about the incident, Gascon only laughed while she cried. Smith testified about another incident in which Gascon took her and Baker to a sporting goods store and told them to pick out sports shirts to wear on duty. However, she claimed that Gascon picked out scanty shorts that he wanted both of them to wear at the bar and that she wore the shorts once and refused to do so after that because she thought the shorts were inappropriate. Thus, Baker and Smith claimed that the circumstances at the Acapulco Inn were so intolerable due to Gascon’s sexual harassing conduct that they were forced to resign their employment. Defense counsel disputed the allegations of both Baker and Smith, and called several witnesses who discounted and contradicted the plaintiffs’ testimonies., Baker claimed the inappropriate remarks, comments about her weight, and ongoing harassment emotionally impacted her. Baker and Smith both claimed that they suffered emotional distress as a result of their treatment while working at the Acapulco Inn. Thus, Baker and Smith each sought recovery of emotional distress damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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