By Leslie Albrecht
DNAinfo Reporter/Producer
UPPER WEST SIDE — Female workers at Gabriela's restaurant have filed a lawsuit against their employer, claiming supervisors sexually harassed them, called them "sluts," commented on their breasts and propositioned them for sex.
One boss allegedly joked that "the show is starting" when women went to change while another bragged that he had a hotel room on hold for dates, staffers charged in a federal discrimination lawsuit filed earlier this month against the Columbus Avenue eatery.
About a dozen employees rallied outside the Mexican restaurant, near West 93rd Street, on Tuesday afternoon to announce the lawsuit and demand an end to what they called "sweatshop conditions" at the restaurant.
The lawsuit also alleges that the restaurant didn't pay overtime, failed to pay minimum wage and discriminated against workers over 40.
In a written statement, the resturant's owner, general manager and executive chef "strongly denied" the allegations. They said the lawsuit was filed with no warning, and that employees have never complained of inappropriate treatment.
The statement noted that Gabriela's has several employees who've worked for years at the restaurant, some of whom came back to work after the restaurant was closed for a year-long renovation.
"We have a commitment to our staff and the neighborhood to do right by them and will continue to do so as the majority of our employees can attest," read the statement, which was signed by the owner, general manager and executive chef.
All three are named as defendants in the lawsuit. The complaint alleges that executive chef Fernando Aquino, the restaurant's main supervisor, said he "didn't like" ugly women and would check to see if job applicants were attractive.
Aquino allegedly made comments about applicants who had "great breasts" and sous chef Jaime Santos allegedly suggested that a female employee go into the bathroom to have sex with him.
The lawsuits claims that sex was a constant topic of conversation in the kitchen at Gabriela's, and that Aquino, Santos, and general manager Moises Galarza bragged that they had an arrangement with a hotel that gave them free rooms for sexual liaisons.
"When female employees would go to their lockers to change, Aquino and Santos would frequently comment, 'Oh the show is starting,'" the complaint alleges.
After the restaurant's staff took a course on spotting sexual harassment, one of the plaintiffs allegedly complained to the executive chef about his sexually suggestive comments. His behavior didn't change, according to the lawsuit.
The lawsuit claims that after a female cook rejected the advances of a male sous chef, he began criticizing her work.
Joan Paylo, a district leader with Community Free Democrats who spoke at Tuesday's rally, said the women's story struck a chord, especially in light of the recent sexual assault claims involving former IMF chief Dominique Strauss-Kahn and Egyptian businessman Mahmoud Abdel-Salam Omar at the Pierre Hotel.
"At a time when other women workers have accused international financial leaders of assaulting them, these are the local women who had the courage to stand up," Paylo said. "They may not have the cachet of the Pierre Hotel, but we believe in them."
Paylo added that Upper West Siders are strong supporters of workers' rights, and have boycotted restaurants that have been accused of abusing workers, most notably Saigon Grill on Amsterdam Avenue.
Employees there mounted a lengthy struggle against management that ended with the restaurant's owner in jail for labor law violations. The restaurant is now under new management, but workers have complained that they're still being treated unfairly.
Tracy Kwon, an organizer with the Justice Will Be Served campaign, said Gabriela's workers were inspired by Saigon Grill's fight for better working conditions.
Justice Will Be Served, a workers' rights organization that's leading a campaign to make Upper West Side businesses "sweatshop-free," organized Tuesday's rally and is working with the Gabriela's employees.
