DFEH Settles Sexual Harassment Case against Los Primos Restaurant
October 29, 2015
For Immediate Release
PublicAffairs@calcivilrights.ca.gov
916-938-4113
Five female employees were harassed by male restaurant manager
SACRAMENTO – The California Department of Fair Employment and Housing (DFEH) has obtained a $130,000 settlement in a sexual harassment case filed on behalf of five women who worked at a Los Primos Mexican Food restaurant in Chino Hills. Los Primos Mexican Food is a restaurant chain with approximately 21 locations in Southern California.
The women had filed complaints in 2013 alleging their manager sexually harassed them. DFEH investigated and found evidence to support the allegations. After a failed attempt to mediate, DFEH filed a lawsuit on behalf of the women in San Diego Superior Court in April 2014. The case was settled Monday (October 26). It had been set for trial on November 6, 2015.
The lawsuit was filed against defendants Chino Fairfield LP (the partnership that owns the restaurant where the women worked), Primos Management, Inc. (the corporate office that manages the Los Primos Restaurants), Felix Calero and Ramon Alvarez (owners of Primos Management and many of the restaurant locations including the one where the women worked) and Jose Rodriguez who was the alleged harasser.
DFEH alleged that Los Primos manager Jose Rodriguez subjected Nicole Tafolla, Jessica Cruz Hernandez, Edith Silva, Thania Silva and Ana Castaneda to regular, unwanted touching, groping, sexual propositions, physical obstruction of the women’s exit out of enclosed spaces, offensive verbal harassment and unwanted exposure to sex toys and adult magazines. One of the women alleged Rodriguez exposed his genitals on two occasions. DFEH also alleged that the defendants failed to prevent sexual harassment based on inadequate policies, procedures and investigations.
Two of the women claimed they complained about the harassment to a supervisor in the corporate office, Primos Management, Inc. They said their complaints were not addressed and that thereafter they began to suffer retaliation.
In addition to paying $130,000 to settle the lawsuit, the defendants have agreed to put in place a more comprehensive sexual harassment prevention policy, educate employees on how to report discrimination and harassment, provide sexual harassment prevention training to managers and supervisors, and promptly investigate all complaints of discrimination, retaliation or sexual harassment.
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The California Civil Rights Department (CRD) is the state agency charged with enforcing California’s civil rights laws. CRD’s mission is to protect the people of California from unlawful discrimination in employment, housing, public accommodations, and state-funded programs and activities, and from hate violence and human trafficking. For more information, visit calcivilrights.ca.gov.