A former employee has taken legal action against a well-known Beverly Hills restaurant, alleging a series of discriminatory and hostile workplace practices. On September 24, 2024, Jose Rivera filed an appeal in the Court of Appeal of the State of California, Second Appellate District, challenging a judgment in favor of his former employer, FSC Corporation doing business as Il Pastaio.
Jose Rivera's lawsuit against FSC Corporation dba Il Pastaio involves 17 causes of action, including violations under the Fair Employment and Housing Act (FEHA), assault/battery, intentional infliction of emotional distress, and various wage and hour claims. Rivera's grievances stem from alleged harassment by coworkers Giacomo and Gaetano Drago. He claims they made derogatory remarks about his Mexican heritage over several years. Rivera asserts that despite reporting these incidents to supervisors Carolina Drago, Heather Verre, Nina Chua, and Felix Rodriguez, no effective action was taken until an altercation in October 2021 led to Giacomo's termination for misconduct.
Rivera's complaint also includes accusations that Il Pastaio failed to prevent harassment and did not pay due wages or provide adequate meal breaks. The trial court initially granted summary judgment in favor of Il Pastaio on grounds that Rivera did not exhaust administrative remedies required under FEHA. However, the appellate court found this decision flawed regarding certain harassment claims because they were likely related to what could be uncovered during an investigation by the Department of Fair Employment and Housing (DFEH).
Rivera seeks reversal of the trial court’s summary judgment on several causes of action. He argues that he exhausted administrative remedies with DFEH by obtaining a right-to-sue notice after filing a complaint about racial harassment. Additionally, he challenges the dismissal of his claim for intentional infliction of emotional distress based on Giacomo’s physical aggression motivated by ethnic bias.
The appellate court concluded that there are triable issues concerning Rivera’s harassment claims under FEHA and his emotional distress claim but upheld the trial court’s ruling on other wage-related claims due to insufficient evidence from Rivera proving off-the-clock work was known or should have been known by Il Pastaio management.
Representing Jose Rivera are attorneys Jonny Law, Jonathan D. Roven, Britanie A. Crippen, and Annelyse Gomez; while Megan E. Walker and Frank A. Magnanimo from Fisher & Phillips represent FSC Corporation dba Il Pastaio. The case is presided over by Judge Barbara A. Meiers with Case ID B333678.