In the wake of the declining health of a key defense witness due to lung cancer, a judge has delayed trial of a lawsuit by a Black former server at a Beverly Hills steak house who alleges he was wrongfully fired in 2023 for complaining about discrimination while also contending that Black customers were routinely seated in less desirable locations.
Tyler Daniel’s Los Angeles Superior Court lawsuit against Steak 48 alleges discrimination, whistleblower retaliation, harassment, failure to prevent discrimination and harassment and various state Labor Code violations. He seeks unspecified compensatory and punitive damages.
On Thursday, Judge Alison Mackenzie granted a defense request to reschedule the trial from June 8 to Oct. 5 in the wake of the health issues pertaining to a psychologist scheduled to testify on the restaurant’s behalf. In their court papers, Steak 48 attorneys note the therapist’s “rapidly declining health” that has left her unable to testify at the trial.
Daniel’s attorneys did not oppose the rescheduling.
According to his suit, Daniel was hired in October 2022 as a server at what was the newest Steak 48 branch that formally opened in January 2023.
“It wasn’t until the restaurant opened that plaintiff experienced numerous Labor Code violations and unlawful racial discrimination,” according to the complaint, which further states that Daniel was routinely required to work through meal and rest breaks and that managers edited the time-keeping system to indicate that he had actually taken his rest periods.
Daniel received no support from the floor manager when he complained about allegedly being denied breaks and he also was required to get permission to use the restroom, according to the suit.
Daniel also was denied overtime pay, called the “n” word by a white manager in a passing comment and was routinely introduced by his race when introduced to Black customers, the suit alleges.
” This African-American gentleman here is also from where you’re from,” a manager told a group of Black customers from Louisiana, according to the suit, which additionally states that Daniel was embarrassed and that the guests appeared uncomfortable.
Black employees were not assigned to serve celebrities and other VIP guests, denying them the same large tips that were provided to their white counterparts who were allowed to cater to such patrons, the suit states.
An unspoken rule at Steak 48 was to seat Black customers in the rear of the restaurant or other less desirable locations and management scrutinized their attire more closely than they did white patrons, the suit filed in June 2024 alleges.
As an example, in June 2023 a white female customer who was dressed casually was allowed to dine at the restaurant while a Black woman similarly attired was not, prompting the Black guest to complain, the suit states.
In November 2023, Daniel spoke up on behalf of himself and other Black workers, saying they were allegedly not being assigned as many tables as non-Black employees, the suit states. The same day, Daniel was suspended, never called back to work and was denied his final pay check, the suit states.