S. Coast Plaza Restaurant Is Found Liable for Harassment

In a major verdict, an Orange County jury awarded nearly $2.3 million to two former waitresses of a South Coast Plaza restaurant who accused the establishment of permitting a pattern of sexual harassment to exist.

The Superior Court jury late Wednesday held upscale Italian restaurant Birraporetti’s liable for harassment and emotional distress that persisted for more than a year.

Complaints over the working conditions were ignored, in part, because managers themselves engaged in the unlawful conduct, said Steven Rottman, a Santa Monica lawyer representing Rebecca Barklage, 34, and Malissa McCard, 21.

“Those corporate officials claimed they had an effective sexual harassment policy and complaint procedure, but the jury spoke strongly that they did not,” Rottman said Thursday. “Simply having pieces of paper, but not following through, won’t insulate a company from liability.”

The restaurant will appeal the decision, said Laura L. Lipscomb, a Los Angeles lawyer representing the restaurant.

“Birraporetti’s is disappointed about the verdict,” she said. “It did nothing wrong. Birraporetti’s has had and continues to have a strong policy against sexual harassment in the workplace.”

The judgment is the second major blow to the restaurant in eight months.

In September, federal immigration agents raided Birraporetti’s and arrested 12 employees for allegedly using forged working papers. Authorities said 33 more workers had Social Security and green card numbers that didn’t appear to be legitimate. The raid forced the restaurant to close for two days.

At the three-week sexual harassment trial, Barklage testified that in December 1994, after only her first month on the job, she complained of being grabbed, fondled and leered at by co-workers. Management did nothing, she testified, and the behavior continued.

Barklage, a married mother of two, quit in March 1996 after two brazen incidents in one night. She said she was locked in a refrigerator and grabbed by a co-worker and, later, trapped elsewhere in the restaurant and accosted by another co-worker.

In all, Rottman said, the restaurant took no action against as many as seven people who harassed her during her 16 months on the job.

McCard, who started work in July 1995, testified to a litany of unwanted attention and threats that made her fear for her life.

The jury of nine men and three women--each with experience as a supervisor--awarded McCard $600,000 for emotional distress, $48,667 in lost earnings and $250,000 in punitive damages.

The jury gave Barklage $1 million for emotional distress, $132,652 in lost earnings and $250,000 in punitive damages. In addition, it found a former manager liable for causing her emotional distress, and awarded $50,000 from him.