Aug 30, 2008

Sizzler settles lawsuit

Eatery to pay $300K over sexual harassment case

By Shaun Bishop / Daily News Staff Writer

Sizzler USA has agreed to pay $300,000 to settle a federal lawsuit that alleges a former cook at the company's Redwood City franchise was subjected to sexual harassment, inappropriate touching and physical threats.

Patricia Huizache said one of her fellow line cooks frequently commented on her body and stated that Mexican women are "stupid and only good for sex," according to the U.S. Equal Employment Opportunity Commission, which filed the suit on her behalf.

At one point, Huizache's harasser threatened her with a knife, the commission said. Huizache said her supervisor dismissed her complaints about the co-worker's conduct.

Fearing for her safety, she quit from the restaurant at 1011 Veterans Blvd. in October 2004 after working there about five months.

"It was rather egregious harassment and (there were) real problems with the investigation of her complaint and preventing it from happening," said David Offen-Brown, one of the attorneys for the commission.

The commission filed the suit under Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on national origin and protects employees who complain about improper conduct from retaliation.

Under the settlement signed Thursday by U.S. District Court Judge Jeremy Fogel, Sizzler will also revise its anti-harassment policies and provide all managers and employees at the Redwood City restaurant with anti-harassment training.

The company, which admitted no liability as part of the deal, must also inform employees about their rights and how to contact the commission.

"We think it's a good result and that we will have improved performance as an employer by Sizzler," Offen-Brown said.

Sizzler said in a statement that it has "a long history of supporting diversity among its workforce and we take very seriously our responsibility to provide a workplace free of harassment."

The company said it decided to settle the suit only after it could not find the cook accused of harassing Huizache to aid its defense.



E-mail Shaun Bishop at sbishop@dailynewsgroup.com.