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TRENTON – Acting Attorney
General Paula T. Dow and Division on Civil
Rights Director Chinh Q. Le announced today
that a South Jersey restaurant and its owner
have paid a former employee $20,000 to resolve
allegations the owner sexually harassed
the woman and later fired her for reporting
it.
Owner Angelo Giannkaris
and his restaurant, Peter’s Diner,
located in Williamstown, Gloucester County,
also have paid the Division on Civil Rights
$7,500 as part of the settlement.
The settlement resolves
an employment discrimination complaint brought
jointly by the Division and former Peter’s
Diner waitress Lynnann Zuest, of Williamstown,
in March 2005. Zuest was fired after approaching
a fellow waitress and reporting that Giannkaris
had inappropriately touched her by placing
his hands on her hips.
During a preliminary Division
on Civil Rights investigation, the owner
blamed poor job performance -- including
Zuest having dropped trays and food plates
– for Zuest’s dismissal. However,
in a Finding of Probable Cause issued against
Giannkaris and Peter’s Diner in 2008,
the Division found that available information
did not support the alleged reasons for
Zuest’s firing. The Division instead
found evidence to support Zuest’s
allegations, and also determined that Peter’s
had no policy in place regarding sexual
harassment or the filing of workplace harassment
complaints.
The Zuest case represents
the second harassment-related settlement
payout made by Peter’s Diner and owner
Giannkaris. Previously, the Respondents
paid another former waitress $5,000 to resolve
a Division complaint alleging inappropriate
touching.
“These cases should
serve as a reminder to employers throughout
our state that they have a duty under the
law to ensure a harassment-free workplace,
and that their employees have a right to
report harassing conduct without fear of
reprisals,” said Acting Attorney General
Dow.
“Every employee deserves
to be treated with dignity, fairness and
respect,” said Division on Civil Rights
Director Le. “It is the right thing
to do, and it is the law. We are committed
to ensuring that employers keep harassment
and other forms of unlawful discrimination
out of the workplace and, where appropriate,
we will take action against employers who
fail to do so.”
In the prior case settled
by Peter’s Diner and Giannkaris, the
Respondents paid $5,000 to former Pete’s
waitress Savannah Berryman, of Franklin
Township, Gloucester County, to resolve
similar allegations of workplace harassment
including inappropriate touching. That settlement
was reached in July 2009.
Investigation of both the
Zuest and Berryman matters was conducted
by Division on Civil Rights Investigator
Alexander Garcon of the Division’s
Camden office. Deputy Attorney General Beverly
Lapsley handled the Zuest and Berryman settlements
on behalf of the State.
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