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Saturday, October 07, 2000

Hooters asks award be cut




By Susan Vela
The Cincinnati Enquirer

        COVINGTON — Hooters, the national chain featuring adult themes and scantily clad waitresses, is balking at paying the $275,000 sexual harassment award that a federal jury said is due to one of its former waitresses.

        Sara Steinhoff, a 24-year-old Clifton resident, worked at the Hooters restaurant in Newport from August 1996 through 1997. During that year, she said, she endured unwanted sexual advances, demeaning behavior and recrimination from the restaurant's managers.

        In July, a federal jury of five women and four men deliberated more than six hours before unanimously deciding that Upriver Restaurant Joint Venture, which owns the Hooters establishment, should pay $250,000 in punitive damages and $25,000 for emotional distress to Ms. Steinhoff.

        It was a historic amount for a single plaintiff against Hooters. But Upriver has taken exception.

        “The jury's verdict of $275,000 is so excessive as to require a new trial,” said attorney Rachael A. Rowe in court documents.

        On Friday, attorneys on both sides of the case met in U.S. District Judge William O. Bertelsman's chambers to settle lingering motions filed by Upriver.

        Ms. Rowe pushed for a retrial because:

        • Hooters made good faith efforts to prevent sexual harassment in the work place including posting a policy to prevent such harassment and providing a toll-free number to anonymously report harassment.

        • There was no trial evidence implying that Hooters intentionally discriminated against Ms. Steinhoff and allowed the harassment.

        Ms. Rowe also said that federal guidelines stipulate the award should be capped at $50,000 because Ms. Steinhoff filed the suit solely against Upriver, which has 73 employees. The cap applies to businesses employing 100 or fewer people, Ms. Rowe said.

        Judge Bertelsman urged both sides to settle their differences. If they can't, he warned that he could decide on Ms. Rowe's motions as early as this week.

       



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