Two former servers at a Burbank golf course who sued the city alleging sexual harassment and discrimination will have to undergo mental examinations by a defense-selected provider, a judge has ruled.
The other allegations in the Los Angeles Superior Court lawsuit brought by Lexi Burrows and Brooklynn Lundberg against the city and Touchstone Golf LLC include constructive termination, retaliation, intentional infliction of emotional distress and various state Labor Code violations. The women allege they were forced to resign because they could no longer endure sexually oriented remarks and conduct by two male employees as well as similar behavior from male customers known as the “rabbit crew.”
On Monday, Judge Daniel S. Murphy agreed with defense attorneys that their clients were entitled to have the plaintiffs undergo psychological evaluations given that the women are claiming emotional distress.
“Therefore, plaintiffs have placed their mental state directly at issue,” the judge wrote. “Defendants are entitled to test the veracity of the claims and to determine the existence, cause and extent of plaintiffs’ alleged emotional distress.”
The judge limited the examinations by psychologist Janine Shelby to eight hours for each plaintiff.
In their court papers, defense attorneys asserted hypothetical scenarios where they allege Dr. Shelby “goes rogue” and conducts illegal testing, but the lawyers countered that Shelby has conducted hundreds of mental tests with no issues. The attorneys called the plaintiffs’ concerns “completely unsubstantiated.”
Burrows, 40, and Lundberg, 27, seek unspecified compensatory and punitive damages.
“This action arises out of the torment, retaliation, harassment, discrimination and constructive termination of two dedicated women who work as servers …,” according to the suit, which states the DeBell Municipal Golf Course is owned by the city and has been managed by Touchstone Golf LLC since December 2018.
Burrows and Lundberg worked as servers at DeBell’s restaurant and banquet hall and also served golfers snacks during play from a window at the back of the kitchen, the suit states.
After the plaintiffs were hired, DeBell’s food and beverage general manager began making continuing, unwelcome and inappropriate sexual comments, including how he “checked out” women “from head to toe” and said things implying that he desired to be intimate with some of them, the suit alleges.
The general manager also made negative comments about transgender people, including Caitlyn Jenner, the suit states.
A male server also made inappropriate sexual comments to Lundberg and asked her personal questions about her and her boyfriend, the suit states.
No investigation of the general manager’s or the male server’s alleged actions took place even though their conduct was witnessed by other employees, according to the suit, which further states management also did nothing to stop the hugging of female employees by regular male customers known as the “rabbit crew.”
One crew member sexually assaulted Burrows in late March 2022 while she was off duty and not on the golf course premises and she filed a police report, the suit states. However, the general manager did not stop the customer from returning and made Burrows work on days the guest was present in retaliation for complaining, the suit alleges.
Burrows and Lundberg were not paid all of tips they earned, were forced to work through meal and rest breaks and were paid less than male workers, the suit states.
Burrows and Lundberg quit in February 2023 because they could no longer put up with their work conditions, according to the suit, which additionally states that both women have incurred lost income and damaged reputations.