An ex-worker at the studio behind “The Expendables” franchise who sued her employer for “too fat,” “too ugly,” “too old” sex discrimination and gender harassment can remain anonymous in court, a judge ruled Friday.

Los Angeles Superior Court Judge Randolph Hammock said he is usually inclined to order parties to use their actual names, but that in this case there are  “shocking” allegations about remarks made regarding women in the workplace that would definitely constitute sexual harassment if they are true.

However, the judge said he could change his mind if the plaintiff, identified in court only as “Jane Roe,” came forward in the public media and was the subject or articles in publications such as and the National Enquirer.

Defense attorney Paul Berkowitz told the judge that allowing the plaintiff to continue as “Jane Roe” would make it difficult to subpoena her for various documents. However, Hammock said the subpoenas could incorporate the woman’s real name, but that her identification could still be shielded from the public.

Hammock also ruled that the woman’s attorneys will have to shore up all the allegations in the complaint that focus on Avi Lerner and Trevor Short, the co-founders of Nu Image and Millennium Films. The plaintiff’s lawyers argued in their court papers that the men were her joint employers and the “alter egos” of the companies. But Hammock found there were insufficient details in the lawsuit to support that claim.

The judge gave the woman’s lawyers 20 days to file an amended complaint.

The plaintiff filed suit May 3. She is described in the complaint as a former “creative executive” who was hired in September 2011. She provided administrative support to Mark Gill, president of Millennium Films, and worked long hours performing secretarial, administrative assistant and clerical work, the suit states.

Roe alleges that she and other female employees were subject to a discriminatory, harassing and misogynistic work environment that was hostile to workers of her gender. The complaint alleges that terms offensive to women were regularly heard in the workplace and that actresses were described as “too fat,” “too ugly” and “too old,” even when famous actresses were being discussed that a development team had determined were creatively appropriate for various film roles.

The suit states the plaintiff suffered from a physical disability during her employment and that her conditioned worsened in 2014, requiring her to make visits to physicians and have modified office equipment. Shortly after the woman told management about an impending back surgery, she was fired from her job in December, according to her lawsuit.

–City News Service

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