Stroudsburg Ruby Tuesday sexual harassment payout: $255,000
November 03, 2009
Awkward: When your boss says he wants to make a porn video with you.
Sexually charged comments were an unwelcome part of the job at Ruby Tuesday restaurant in Stroudsburg, according to six women who filed a complaint in U.S. District Court for the Middle District of Pennsylvania.
Last week the six plaintiffs settled with Ruby Tuesday's Stroudsburg restaurant for $225,000.
General Manager Christopher Mendoza made sexually charged remarks to adult and teen female employees. Sometimes he also remarked about customers, according to the complaint filed in August 2008.
Looking at a pregnant customer, Mendoza allegedly said: "She must be really horny. My wife was always horny. I am surprised my kids don't have problems with all the times we've had sex," the complaint states.
Former Ruby Tuesday waitress Michelle Gydosh complained that the sexually harassing environment was so intolerable that she was unable to continue working there.
Five co-workers joined Gydosh in the lawsuit, with each woman making similar claims.
Gydosh said that from August 2006 onward, Mendoza repeatedly made embarrassing sexual remarks about her body, such as "your breasts look good today" or "your breasts look really nice."
According to the complaint, Mendoza constantly told Gydosh that she was "hot" and that he wanted to "make a porn video" with her.
Mendoza propositioned Gydosh, telling her he "wanted to throw her over the counter and (expletive) her," and repeatedly told her what he would do to her sexually if he were not a married man.
In June 2007, Gydosh became ill during her shift and a co-worker asked Mendoza if Gydosh could go home.
"All she needs is a good (expletive) up her (expletive), and I'd be good for that," Mendoza replied, according to the complaint.
"Gydosh complained immediately to an assistant manager, who was present when Mendoza made the comment. The (assistant manager) failed to take any action to assist her," the complaint states.
Disgusted, Gydosh left the restaurant and submitted a written complaint through Ruby Tuesday's complaint hotline. Gydosh also complained directly to Krista Williams, regional service manager, and to Jim James, district manager.
Gydosh told them she could not return to work until the sexually hostile work environment was resolved.
She made a total of four written and two direct complaints, but the company took no action to correct the environment, the complaint says.
Gydosh did not return to work at Ruby Tuesday. She filed a complaint with the U.S. Equal Employment Opportunity Commission in August 2008.
The EEOC brought the suit on behalf of the six women, claiming Ruby Tuesday subjected them to sexually explicit, insulting and derogatory comments and conduct, which created a sexually hostile and offensive work environment.
The suit also claimed Ruby Tuesday failed to undertake prompt, effective remedial action to stop the misconduct.
In a consent decree, Ruby Tuesday agreed to provide workplaces free from sexual harassment. The company was given 10 days to pay $255,000 to victims in this breakdown:
Michelle Gydosh, $101,000
Melissa Johnson, $32,000
Rosemary Singer, $57,000
Dawn Kovacs, $60,000
Nicole Wallace, $5,000
The company will also post a notice of the decree in the Stroudsburg restaurant for three years, and write a new sexual harassment and complaint procedure plan.
Ruby Tuesday confirmed that Mendoza no longer works for the company.
Mendoza has faced sexual discrimination claims before. In 1999, he was manager of a Denny's restaurant in Allentown. A hostess accused him of following her around the restaurant with a vibrating sex toy in his pocket, buzzing his genitals and singing to himself.
