Ex-Chateau Marmont Server Takes Harassment Case To Arbitration

NORTH HOLLYWOOD, CA — A Black woman who sued the Chateau Marmont hotel after claiming she had been sexually harassed, discriminated against and wrongfully fired will now settle the dispute via arbitration rather than a jury.

Thomasina Gross' lawyer filed court papers seeking a dismissal of her January 27 lawsuit, so the case can be handled in arbitration. Gross would be able to reactivate the lawsuit in the future as the request was filed "without prejudice."

The lawsuit alleged race discrimination, sexual harassment, retaliation and failure to prevent discrimination and harassment. She seeks unspecified compensatory and punitive damages.

Gross, 40, was hired as an events server at the hotel in October 2017, where she says she was repeatedly passed over for promotions in favor of white applicants despite being more qualified.

Because events hours were irregular, Gross often tried to earn shifts in the hotel's restaurant, according to the lawsuit. Through her regular requests, she sometimes received shifts taking guest reservations over the phone, helping with dining service, or turning away walk-ins during busier seasons, the suit says.

Gross also says she unsuccessfully asked for shifts as a server, which is coveted because of the potential to earn sizeable tips. However, although she was told there were never any restaurant openings, new servers who were white continued to be hired, according to the complaint.

In her work as an events server, Gross was often subjected to unwanted touching from guests on a near-daily basis according to the suit. Overcrowded events would lead to guests becoming more aggressive, attempting to physically intimidate her, or grabbing her by the shoulders and arms, the suit says.

One guest ordered Gross to get on her knees to pick up spilled food on the carpet, leering at her while she did so, according to the suit.

The former server says she proposed a specific step the hotel could take to prevent unwanted touching and advances, but managers suggested she simply "avoid problem guests," she said.Gross continued to work as an events server until she was laid off along with about 240 other Chateau Marmont employees in March when the hotel shut down due to the coronavirus, the suit states.

City News Service contributed to this report.