Gardena, CA (PRWEB) January 30, 2013
A lawsuit by Diefer Law Group was filed this week against restaurant Mars Caribbean Gardens. Also named in the action are restaurant owner Marie Jimenez and her son, Elvis Jimenez. According to the complaint, Yvonne Hernandez was employed by Mars Caribbean Gardens from January 9, 2011 until September 2, 2012. The complaint states that during the course of her employment, Hernandez worked under the owner’s son, Elvis Jimenez, who subjected her to “severe and pervasive” conduct, which was harassing, offensive, vulgar and unsolicited. The complaint goes on to say that due to obscene actions and remarks made to her, Hernandez was subjected to an intolerable, hostile working environment.
The allegations state that Jimenez groped his former employee’s private areas, including her buttocks, and that he made constant lewd remarks about Hernandez’s body, referring to her as a “whore,” while making references to her female anatomy. Jimenez, according to the complaint, even went as far as exposing himself to Hernandez, referring to his penis in Spanish as “small, but playful.”
The complaint details that Hernandez was allegedly forcibly kissed and groped by Jimenez, who demanded sex in exchange for her continued employment. As a result of being denied the sexual favors he demanded, Jimenez, as described in the complaint, retaliated against his employee by ridiculing her, giving her fewer hours, and having her work less desirable shifts.
The complaint names other victims of harassment, and states that Jimenez even went as far as bragging that he provided one of his employees a breast augmentation in exchange for her having an abortion on a child fathered by him. The employee mentioned in the complaint was married.
The complaint further states that Hernandez raised allegations about harassment to the owner's husband and general manager of the Mars Caribbean, demanding that it stop. Despite her complaint, there was allegedly no corrective action taken; instead, as the complaint states, Hernandez was punished for raising the allegations, in part, by being denied promotions or raises.
According to the complaint, Hernandez has suffered serious harm, including lost earnings and other employment benefits, humiliation, embarrassment, emotional distress and severe mental and physical injury including pain and suffering.
The defendant’s attorneys have yet to respond to the allegations.
The case, BC499482, is currently ongoing in the Superior Court of California, County of Los Angeles.