Harassment Suit Against Celebrity Chef Mike Isabella Targets Nondisclosure Agreements
“Surprisingly, while commentators, journalists, lawyers, etc., post-Weinstein have talked about the dangers of overly broad NDAs there is a total paucity of case law,” Debra Katz, who filed the new lawsuit, said. “This will be one of the first cases filed to strike such a provision."
April 03, 2018 at 01:54 PM
4 minute read
A federal lawsuit filed Tuesday against celebrity chef Mike Isabella and associated businesses accuses the restaurant chain of fostering a culture of sexual harassment against female workers, including a required “lifetime” nondisclosure agreement that blocks employees from speaking out about alleged workplace abuses.
The complaint, filed in the U.S. District Court for the District of Columbia, claims Isabella and certain business partners created a “bro culture” that allows harassment to persist at establishments throughout the Washington area. The civil action builds on and replaces a similar suit filed in D.C. Superior Court last month on behalf of Chloe Caras, who was the highest ranking woman in the company before she was fired after years of alleged sexual harassment.
Caras, the lead plaintiff in the federal suit, claimed that workplace misbehavior included unwelcome touching, sexual advances, vulgar and explicitly sexual remarks and sexist insults, including Isabella and others spreading rumors about sleeping with her. Caras worked for Isabella Eatery for three years.
A lawyer for Mike Isabella Concepts, Brian Bregman, did not immediately respond to request for comment Tuesday. The Maryland firm Bascietto & Bregman said in a statement last month, responding to the lawsuit in D.C. Superior Court: “Harassment, discrimination, bullying, abuse or unequal treatment of any kind whatsoever are not tolerated at MIC.” The statement called the allegations false and said the company was prepared to fight the claims.
The federal lawsuit, filed by Debra Katz of Washington's Katz, Marshall & Banks, seeks a court order invalidating the nondisclosure agreement that workers at Isabella's restaurants are allegedly required to sign. The federal claims include alleged harassment and retaliation in violation of civil rights law.
“Surprisingly, while commentators, journalists, lawyers, etc., post-Weinstein have talked about the dangers of overly broad NDAs there is a total paucity of case law,” Katz said in an email Tuesday. “This will be one of the first cases filed to strike such a provision.”
Nondisclosure agreements have come under fire in the wake of the #MeToo movement that has seen women speaking out against alleged workplace abuses. Katz, a longtime employee rights attorney in D.C., has represented women in several high-profile workplace cases, including a group from NPR.
In the Isabella case, the nondisclosure agreements were a new part of the lawsuit filed in federal court.
The agreements say employees will pay $500,000 plus legal fees for breach of “confidential information” for the employee's lifetime. Such information includes any “details of the personal and business lives of Mike Isabella, his family members, friends, business associates and dealings.” Workers required to sign these agreements include those who make $3.33 an hour plus tips.
“While the NDA bars employees from disclosing information to 'any person, firm or entity whatsoever,' including the media, it fails to advise employees of their rights to report sexual harassment and other misconduct to the Equal Employment Opportunity Commission, the D.C. Office of Human Rights, or any other state or local agency or to retain their own counsel,” Katz said in the new lawsuit.
The new complaint is posted below:
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'New Circumstances': Winston & Strawn Seek Expedited Relief in NASCAR Antitrust Lawsuit
3 minute read5th Circuit Rules Open-Source Code Is Not Property in Tornado Cash Appeal
5 minute readDOJ Asks 5th Circuit to Publish Opinion Upholding Gun Ban for Felon
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250