Hogue and Belong recently obtained a $101,800 verdict on behalf of a Claimant for a same-sex (male on male) sexual harassment case against The Cheesecake Factory, Fashion Valley restaurant. The Cheesecake Factory’s Fashion Valley kitchen was rampant with sexual acts. For instance, male cooks would run around behind one another and rapidly slamming their genitals back and forth against other employees’ buttocks, take inappropriate pictures, and then post those pictures on his or her Facebook accounts, as well as tell graphic sexual stories while at work.
At the hearing General Manager, Gary Cottrell, made a stunning admission that he received a complaint from corporate outlining the harassment that Claimant was suffering at the hands of the Executive Kitchen Manager at the time. Earlier in the case, however, Mr. Cottrell submitted a sworn statement that he never received any type of complaint regarding that Executive Kitchen Manager. Further, instead of investigating and rectifying Claimant’s complaint, The Cheesecake Factory actually promoted the Executive Kitchen Manager twice, and now he oversees kitchens throughout Southern California. In his ruling, the Arbitrator characterized the testimony by Cheesecake Factory’s Front of House Manager and its Executive Kitchen Manager as “patently uncredible.”
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