Del Taco is seeking an independent mental exam for a former Del Taco shift leader who sued the Lake Forest-based restaurant chain, alleging she was wrongfully fired in 2022 after she reported being groped, subjected to vulgar comments and sexually propositioned by a newly hired cook.
Want to get caught up on what's happening in SoCal every weekday afternoon? Click to follow The L.A. Local wherever you get podcasts.
According to the Los Angeles Superior Court lawsuit, plaintiff Daisyrose Spradlin was fired in November 2022 in a backlash for insisting that management take action to stop to the man's behavior. She alleges her manager at the Granada Hills location repeatedly refused to hear her complaint, to review the obscene texts she received or to alert human resources.
On Friday, Del Taco lawyers filed court papers with Judge Christopher K. Lui requesting that he order Spradlin to undergo a psychological exam. Although Spradlin has made her mental condition an issue, she has resisted such a test, the defense attorneys say.
"If plaintiff is not ordered to submit to an independent mental examination, Del Taco will be severely prejudiced and suffer irreparable harm because Del Taco will be forced at trial to defend against allegations of plaintiff's extreme emotional distress damages without the benefit of independently examining plaintiff's mental condition...," Del Taco attorney argue in their court papers.
The restaurant chain lawyers wants the examination conducted by Dr. Praveen Kambam, a board certified psychiatrist. A hearing on the defense motion is scheduled Oct. 8.
According to the suit, within hours of first meeting him in October 2022, the cook's allegedly predatory behavior increased to the point that he sent Spradlin inappropriate texts, photos and videos during an overnight shift.
Spradlin, 26, had just been promoted and was being trained as a new shift manager, according to her court papers, which also states that her attorney dropped the cook as a defendant in the case in March.
However, the manager of the store where she worked was worried that if he took action against the worker who was allegedly harassing the plaintiff, he might not have enough employees to keep the fast-food eatery open, the suit filed in December 2022 states.
Spradlin, who also alleges sexual harassment and battery, was told that she lost her job for a company policy violation, specifically "sexual activity" with the new employee, behavior she denies engaging in or consenting to with the man, according to the suit.
Spradlin's attorney, Vincent Calderone said the company's alleged mishandling of Spradlin's complaint was noteworthy because at the time of the filing of her lawsuit Del Taco LLC was under a federal three-year consent decree to stop sexual harassment and retaliation against female employees.
The company in December 2020 paid $1.25 million in monetary relief for failing to stop the behavior as part of a settlement with the U.S. Equal Employment Opportunity Commission. The EEOC had filed a federal lawsuit over the company's sexually hostile work environment, which violates Title VII of the federal Civil Rights Act.
The consent decree also included Del Taco handling sexual harassment incidents under the auspices of an EEO compliance officer to ensure the company follows the law.
Calderone said the company's mishandling of the complaint is noteworthy because Del Taco LLC is under a federal consent decree to stop sexual harassment and retaliation against female employees. The company in December 2020 paid $1.25 million in monetary relief for failing to stop the behavior as part of a settlement with the U.S. Equal Employment Opportunity Commission. The EEOC had filed a federal lawsuit over the company's sexually hostile work environment, which violates Title VII of the federal Civil Rights Act.
Follow KNX News 97.1 FM
Twitter | Facebook | Instagram | TikTok
Local News
Comments / 0