A judge has dismissed the city of Burbank as a defendant in a lawsuit filed by two former servers at a municipal golf course who sued alleging sexual harassment and discrimination, including by male customers known as the “rabbit crew.”
The Wednesday ruling by Los Angeles Superior Court Judge Daniel S. Murphy means that plaintiffs Lexi Burrows and Brooklyn Lundberg will proceed to trial against Touchstone Golf LLC. 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.”
Burrows, 40, and Lundberg, 27, seek unspecified damages. In his ruling, the judge denied Touchstone’s motion to toss the punitive damages claim from the lawsuit.
“The evidence suggests that Touchstone’s inaction placed Burrows at serious, tangible risk,” Murphy wrote.
But in dismissing the city as a defendant, Murphy said that contrary to the plaintiffs’ assertion, there is no evidence that the city exercised control over the working conditions of DeBell employees, including Burrows and Lundberg
According to the suit filed in April 2023, the plaintiffs chose to sue due to the “torment, retaliation, harassment, discrimination and constructive termination of two dedicated women who work as servers ….”
DeBell Municipal Golf Course is owned by the city and has been managed by Touchstone Golf LLC since December 2018, the suit states.
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.