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American Legion Post 12 v. Susa11/30/2005
d her standing with the Legion between the time of Mr. Kettelle's reassurance and her termination. (Tr. 1 at 150.) Similarly, Ms. Cote testified that she was never disciplined while working at the Legion. (Tr. 1 at 56.) She stated that when she asked Mr. Kettelle why she was fired, he told her that it was because none of the Legionaires would come in and drink anymore. (Tr. 1 at 55.) In addition, Ms. Cote described how, upon having her employment terminated, she became very upset and began to hyperventilate. Id.
During Mr. Kettelle's testimony, he acknowledged that it was undisputed that the women were subject to the incidents of sexual assault and the use of ethnic slurs at the Legion. (Hearing Transcript 10/9/03 (hereinafter "Tr. 2") at 96.) He stated that on a number of occasions he told the men to "knock off" the name calling but that he never brought the issue to the attention of the Board. (Tr. 2 at 97-98.) He also testified that "it's almost impossible" to remove a Legionaire and that "to suspend or expel a Legionaire it's almost an act of God." (Tr. 2 at 101.) Mr. Kettelle explained that although he "never had many complaints on [Ms. Pacheco]," he terminated both women because "business went down that month." (Tr. 2 at 108-09.) Finally, he described how the business suffered as a result of the women because "people would walk out when they came into work or [people] would walk in, and if they were there, [people] would get up and leave." (Tr. 2 at 109.)
In addition to the women's testimony about the harassment they endured, Ms. Cote and Ms. Pacheco testified regarding the amount of money they earned while working for the Legion. Ms. Cote said that she gained a "following" through her positive interaction with the customers and, as a result, was able to earn on average $600.00 a week in tips in addition to her hourly pay at minimum wage. (Tr. 1 at 24, 81.) Ms. Pacheco, who worked significantly fewer hours than her daughter, testified that she made about $150.00 per week in tips in addition the minimum wage she was receiving from the Legion. (Tr. 1 at 123.) Neither woman reported her tips to the Internal Revenue Service because, as they testified, they were told by their employer that they did not have to do so because the Legion was a non-profit business. (Tr. 1 at 73, 164.)
Despite seeking bartending positions following her termination, Ms. Cote remained unemployed for about a year and received unemployment benefits. (Tr. 1 at 57.) Although she ended up bartending one day a week at place named "Giro's," she was eventually worked out of the schedule there. (Tr. 1 at 58.) Ms. Pacheco, on the other hand, was able to find full-time employment, within four months of being fired, as a secretary at a Mazda dealership where she was paid $7.00 an hour. (Tr. 1 at 152.) She also collected unemployment benefits, a total of $87.00 a week, during the period she was unemployed. (Tr. 1 at 152-53.)
B. Complainant Potter
Up until her termination in January of 2000, complainant Debbie Potter had been employed as the Legion's bar manager since 1995. Prior to receiving a promotion, Ms. Potter had worked for the Legion as a bartender beginning in 1983. As bar manager, her duties included opening up the bar, ordering supplies, hiring bartenders, bookkeeping and acting as a liaison between the bartenders and Legion management. (Tr. 1 at 173-75, 213.)
As a result of increased stress at work, Ms. Potter, on two separate occasions, informed Mr. Kettelle that she planned on quitting her job. (Tr. 1 at 179.) Ms. Potter testified that she attempted to quit the first time, in 1998, because of antagonistic comments she was getting at work from patrons regarding how
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