Hard rocking supervisor brought to court

In a fairly straightforward sexual harassment case, the court of appeal took the opportunity to issue a pair of important points of procedure. First, it took issue with the trial judge, who used an outdated standard for evaluating requests for summary judgment (dismissal without a trial). It also criticized the ongoing practice of over-lawyering a summary judgment request, converting a tool for simplifying the process into a nightmare for lawyers and courts.

Cocktail waitress and grabby supervisor

Stephanie Beltran—an employee at the Hard Rock Hotel in Palm Springs since February 2017—worked as a server in different parts of the hotel. Juan Rivera was hired in November 2016 as the hotel’s general manager. He was the most senior person working at the hotel during the relevant period.

From approximately July 2017 to April 2018, Donna Shepherd worked as a human resources consultant at the hotel, designated “as an independent contractor providing onsite human resources services.” She didn’t have the personal authority to hire or fire any hotel employees.

On or about September 4, 2017, a security supervisor named Anthony Morgan—who worked for the hotel’s security contractor—sent an email about Rivera’s inappropriate behavior to another security employee who forwarded it to Shepherd. Morgan related an instance where Rivera had claimed to be the father of a child belonging to a server named Rebecca, “implying that they had sexual relations,” which upset Rebecca. During a party, he “had forcefully grabbed” her and pulled her towards him twice.