Starbucks Corp. is urging dismissal of a lawsuit recently filed by female barista at a Malibu store, who contends that she was forced to resign earlier this year after management did not do enough to stop two male co-workers from sexually harassing her in the workplace.
Elisabeth Bradley's Los Angeles Superior Court lawsuit alleges sexual harassment, failure to prevent harassment and constructive termination. She seeks unspecified compensatory and punitive damages.
However, on Tuesday, Starbucks attorneys filed court papers with Judge Kristin S. Escalante stating that Bradley is not entitled to any recovery. The lawyers cite multiple defenses, including the statute of limitations and that any management actions taken against the plaintiff were for "legitimate non-discriminatory reasons that were not related to plaintiff's gender or any other factors protected by law."
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In addition, Bradley "never raised a complaint of harassment during her alleged employment with (Starbucks)."
The Starbucks attorneys further ask that Bradley's suit "be dismissed in its entirety" and that the company be awarded attorneys' fees.
Bradley, 29, was hired last Oct. 29 and worked at the Cross Creek Road store. Her duties included providing customer service, taking orders and making coffee for customers.
Throughout her employment, Bradley was harassed by two male co-workers with inappropriate comments, unwanted touching and explicit jokes, creating a hostile work environment for the plaintiff, the suit brought May 28 states.
Bradley was initially harassed by one co-worker, who repeatedly called Bradley "beautiful and ravishing," the suit states. Bradley's direct supervisor did nothing when she complained, so she then reached out to the district manager, who mocked her, became upset and told her to stand in front of the store and make her complaints to him there, the suit alleges.
"Plaintiff felt a rush of embarrassment and frustration, as both customers and her colleagues were staring at her while she was forced to make her complaints of sexual harassment," the suit states.
The second male co-worker also began harassing Bradley in March, so she made her feelings known to both her direct supervisor and the district manager, the suit states. The district manager told Bradley she was not a victim of sexual harassment and that it would not be the focus of any investigation done, the suit alleges.
When Bradley asked for shifts different from those her two alleged intimidators, the district manager told her, "Sorry , we can't accommodate that because it is inconvenient," the suit states.
"It was clear that (management) was entirely dismissing plaintiff's complaints of sexual harassment," according to the complaint.
Bradley went on medical leave in late March due to her emotional distress resigned in April because she could no longer tolerate her work environment, the suit states.
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