Napa Valley chef Michael Chiarello settles sexual-harassment lawsuit
A sexual-harassment lawsuit filed by two women servers in March against Napa County-based celebrity chef Michael Chiarello and his restaurant companies settled, according to court documents filed Nov. 2 in San Francisco. A trial date had been set for July 17, 2017.
Chiarello owns Spanish-cuisine Coqueta restaurant on Pier 5 of the Embarcadero as well as Bottega Ristorante and Chiarello Family Vineyards in Yountville, about 8 miles north of Napa. His companies include Serra Hospitality Group and Gruppo Chiarello, limited liability companies founded in Yountville in 2011 and 2012.
Chiarello starred in cooking shows on PBS, Food Network and the Cooking Channel.
Katherine Page and Asja Sever, who worked as servers at Coqueta, filed lawsuits in March alleging sexual harassment along with claims about wages and expenses. Sexual harassment allegations were filed under California’s Fair Employment and Housing Act.
“Soon after they began their employment,” the lawsuit alleged, “Page and Sever realized that the work environment at the restaurant was hostile, sexually charged and abusive.” The allegations included comparing a new sandwich to a vagina and Chiarello making overt sexual references.
Terms of the settlement details were not disclosed. Calls from the Business Journal to attorneys for both plaintiffs and defendants were not returned. Plaintiffs were represented by Kelly Armstrong, Matthew Vandall and Matthew Wayne of the Armstrong Law Firm, based in Sausalito; defendants were represented by Michelle Miller and Oswald Cousins of the Miller Law Group, based in San Francisco.
According to Santa Rosa-based attorneys who handle sexual harassment lawsuits, more than 90 percent of such cases settle before trial. Some settle so the defendant business can avoid costs and nuisance of litigation, including legal fees. Commonly in such settlements, the business admits no liability and neither party discloses the amount paid.
SEXUAL HARASSMENT DIPS
Dawn Ross, partner in the Carle Mackie Powers & Ross law firm in Santa Rosa, has handled employer defense litigation for some 27 years. A founding partner, she has been the only female partner in the firm.
“It has changed dramatically over that 27-year period,” Ross said, with sexual harassment claims “declining to it being almost nonexistent. People have gotten much more educated about what’s appropriate and what’s not appropriate.”
Only two sexual harassment cases in all that time went to trial, Ross said. One involved a female correctional officer accusing her supervisor of sexual harassment in the Department of Corrections and Rehabilitation, her client.
The other case with a different client involved a male employee accusing his female supervisor of sexual harassment. “The owner of the company was an older gentleman” who viewed the claim as a form of blackmail and refused to pay a penny, Ross said. “It was a matter of principle. He’s probably 90 by now. He sat at the trial every day, enjoyed every moment of it. It was very satisfying” to defeat the plaintiff.
In those cases the employers won and “the plaintiffs wanted tremendous amounts of money,” Ross said. “We decided to take the risk of taking it to trial. In both cases, it panned out.”
Many companies settle cases to minimize distractions from business.
A typical case, depending on allegations and defendants, settles for amounts under $100,000, commonly $40,000 to $50,000 - what many companies would spend in legal fees to defend a claim.
“If it’s a small company with relatively small financials,” she said, “I have settled those cases for $5,000. If it’s a large employer, it’s going to cost more. I have settled a class-action sexual harassment case for a million dollars.”
Even with settlements, “employers worry that word will get out and others will try to shake the money tree also,” Ross said.
“Cases I have seen in recent years in the food industry have to do with some differences in culture,” she said. “For example, where Latino cooks are back-kitchen-type folk, were raised in a different environment with different mores and norms.”
She had a case where “some of the waitresses would say things that were perceived by the kitchen staff as flirtatious and they thought, oh, she must be interested in me,” Ross said, “when really the person was just being a little bit flirtatious.
“There have been (other) cases in the food industry that involved different cultural norms,” she said. “Even with some of my winery clients, that’s been true. If there are still sexual-harassment claims, they are often related to vineyard workers or folks that maybe come from a different cultural background and haven’t been through all the training that we have here about what’s acceptable and what’s not acceptable.”